Question: Which areas of the body must be covered to allow devarim shebekudashah to be said, and to what degree?

Discussion: The following are guidelines regarding specific areas of the body:

1. Face and Neck: The face is not considered a covered area,380 extending to the collar bone beneath the indent at the bottom of the front of the neck. The back of the neck is also not considered a covered area, extending until the second vertebrae.381 In a place where the minhag hamakom is to cover all or some of these areas, a davar shebekudashah may not be said in the event that a tefach of the normally covered amount is visible.382
2. Arms: Devarim shebekudashah may not be recited if part of the area from the bottom of the elbow383 and above is visible.384 The area from beneath the elbow until the palm is dependent on minhag hamakom.385
3. Legs: Chazal determined that the area on the lower part of the body called the shok is an area included within the category of tefach meguleh. It is in fact considered an area that can easily evoke hirhur, meaning that devarim shebekudashah may not be recited when any area, even one smaller than a tefach, is visible.386

While it is clear that the shok is an area of the lower part of the body, it is unclear, however, which part, specifically, is the shok. Mishnah Berurah387 rules that the shok is the thigh, extending from the waist until the bottom of the knee. Accordingly, there is no issue in reciting devarim shebekudashah when the area lower than the bottom of the knee (the calf, or shin, extending down to the feet) is visible, providing that there is no specific minhag hamakom to cover that area.

Others Poskim388 hold that Chazal’s designation of the shok includes the entire leg (until the ankle), meaning that devarim shebekudashah may not be recited when any part of this entire area is visible, regardless of minhag hamakom.

1. Note that even according to the lenient opinion, devarim shebekudashah may not be recited when an area of the lower leg is visible, in a place where the minhag hamakom is that women are careful to wear stockings or socks when in public.389
2. In a place where the minhag hamakom is that a woman covers her legs entirely when in public, but a woman will often walk around without socks when in the privacy of her home, the lower leg is not considered tefach meguleh to family members in the home.390
3. People who essentially follow the lenient opinion and are yet careful to cover their lower legs when in public based on minhag hamakom or to enhance their personal level of tznius, are not necessarily stringent to wear a garment that extends to the ankles. This standard is also achieved by wearing tights, that are thick enough to obscure direct visibility.391

Now, some contemporary Poskim392 rule like Mishnah Berurah. Others, however, do not.393 It is therefore certainly appropriate to consider the entire leg as the shok and refrain from reciting a davar shebekudashah when any part, from the ankle upward, is visible.394

1. Hair: A married (or once-married395) woman may not appear in public with her hair uncovered.396 Although it may be technically permitted for a woman to allow her hair to remain uncovered when within her own home, it is appropriate to follow the stringent position maintaining that a married woman must cover her hair in any location.397 All opinions agree, though, that the hair of a married Jewish woman398 is considered an area with the ervah status of tefach meguleh, even within her home, meaning that it is forbidden for a man – even her husband – to recite a davar shebekudashah in front of uncovered hair, whether in the home or in a public domain.399

R’ Moshe Feinstein rules that only a tefach of exposed hair prevents devarim shebekudashah from being recited.400 Most Poskim, though, disagree with this leniency, and hold that devarim shebekudashah may not be recited in the presence of uncovered hair even when any amount, even smaller than a tefach, is visible.401

In the view of the Mishnah Berurah,402 the fact that the hair of a married woman is an area of tefach meguleh is absolute. A davar shebekudashah may thus not be recited if the exposed hair of a married woman is visible, even in a community where women are not careful about their obligation to cover their hair. Other Poskim disagree, and maintain that the tefach meguleh status of a married woman’s hair stems from the obligation that it must remain covered. This being the case, in a place where married women do not cover their hair (despite the fact that the halachah requires them to do so), their hair is now de facto considered a part of the body that is not usually covered. It is thus permitted, according to these authorities, to recite devarim shebikedushah even in the presence of a married woman’s uncovered hair.403

In previous times a women would wear a cloth garment under her hat or other head covering, in which she would bunch up her hair to prevent it from falling out of the outer covering.404 This being the case, hair that didn’t fit into this garment need not, according to the essential halachah, be covered; devarim shebekudashah may be thus said in its presence.405 Others disagree, explaining that the hair that didn’t fit into the cloth garment that is being referred to is not the hair of the head, rather, hair growing from the temples, or forehead. The hair of the temples or forehead is thus not included in the hair that the practice of covering the hair deems to be ervah.406

The Poskim,407 however, cite the Zohar, which emphasizes the importance of a woman covering all hair growing around her head. In communities that adopt this practice, all exposed hair is considered to have the status of ervah and devarim shebekudashah may not be said when hair from any area of a woman’s head is visible.408 The woman’s husband, though, is the exception to this principle, and he may recite devarim shebekudashah when the hair which the strict halachah does not require be covered remains visible.409

1. Kol (Singing): Chazal410 set forth that kol be’ishah ervah, that is, a man’s hearing a woman sing can elicit hirhur and is therefore considered as ervah, i.e., forbidden. One may thus not listen to the singing of any woman to whom he is forbidden.411 This includes a married woman (other than one’s wife412 when permitted to him413), a relative whom one is forbidden to marry414 (other than one’s mother415 and daughter416), a non-Jewish woman417 and a niddah,418 a category which includes unmarried women and girls above the age of eleven.419 This prohibition also includes hearing several women singing in unison.420 Some Poskim discourage listening to a sister sing, as well.421

One may therefore not recite a davar shebekudashah in the presence of a woman singing, even if it would be a woman whose voice he may hear, for example his wife or daughter.422 The age in which a girl’s singing becomes a concern is the same disagreement as to the age in which the concern of tefech meguleh begins, as discussed above.423

Some Poskim maintain that recorded music, or music heard electronically, for example via a speaker system, is also included in kol be’ishah ervah, meaning that one may not recite a davar shebekudashah while hearing it.424 Others do not consider these artificial sounds to be hearing a woman singing as described in the Gemara. However, they agree that these sounds can evoke hirhur, and agree that one should refrain from saying a davar shebekudashah when hearing them.425 In the event that one finds himself in a place where he hears the recorded sound of women singing, or over a loudspeaker, he may be lenient and recite a davar shebekudashah, attempting to only focus on the words he is saying and try to not pay attention to the singing.426

Many families are accustomed to sing Shabbos zemiros together, with all family members, both male and female, participating. Although some Poskim discourage this practice,427 others justify this custom by explaining that since these people are used to singing together, the voices of the women do not elicit any hirhur by the men who are also singing.428 Others explain that zemiros are sung as songs of praise to Hashem and not as tefillos or limud haTorah, meaning that they are not a davar shebekudashah that may not be recited in the presence of ervah.429 This even includes songs which include pesukim, for example Eishes Chayil.430

380 Mishnah Berurah 75:2.

381 R’ Yosef Shalom Elyashiv cited in Pardes Simchah, Niddah 195:30; Halichos Shlomo 20, Devar Halachah 12; Oz Vehadar Levushah, pp. 262-3.

382 Minchas Shlomo III, 103:15; Shevet Halevi X:14.

383 Halichos Shlomo, Tefillah 20, Devar Halachah 12 and Orchos Halachah 22, adding that one should ideally cover until slightly beneath the elbow.

384 Mishnah Berurah 75:2.

385 Mishnah Berurah ibid.

386 Mishnah Berurah 75:7. Cf. Chazon Ish 16:8, who writes one may recite devarim shebekudashah in the visible presence of less than a tefach of the shok.

387 Mishnah Berurah 75:2.

388 See Chayei Adam 4:2; Chazon Ish 16:8; Shulchan Aruch Harav 75:1.

389 See Igros Moshe, Even Ha’ezer IV, 100:6; and Halichos Shlomo, Tefillah 20, Orchos Halachah 22. However, since this area is not, according to this opinion, considered the shok, seeing less than a tefach area will not forbid saying a davar shebikedushah, as is the case regarding most areas of the body.

390 R’ Shlomo Zalman Auerbach, cited in Mareih Kohen 5, note 95. A dissenting opinion, of R’ Yosef Shalom Elyashiv, is also cited there.

391 See Igros Moshe, Even Ha’ezer 4:100:6; and Halichos Shlomo, Tefillah 20, Orchos Halachah 22. Halichos Shlomo, though, writes that it is appropriate that a longer garment be worn, obscuring the shape of the lower legs entirely.

392 Igros Moshe, Even Ha’ezer IV, 100:6; Halichos Shlomo, Tefillah 20, Orchos Halachah 22.

393 Shevet Halevi I:1; Minchas Yitzchok VI:10; Beis Baruch 4:7; see Ishei Yisrael 55:13.

394 Ishei Yisrael 55:13.

395 Beis Shmuel 21:5.

396 Shulchan Aruch, Even Ha’ezer 21:2.

397 This point is discussed in Beiur Halachah 75:2, s.v. michutz.

398 Mishnah Berurah 75:12 is unsure whether the uncovered hair of a non-Jewish woman is also considered the ervah mentioned in Chazal. Derech Hachaim (26:32, Przemysl ed., s.v. mimah shetzarich leharchik 32, Bnei Brak ed.), and Igros Moshe (Orach Chaim IV, 15:1), however, rule leniently. A notable exception to the lenient ruling is when the uncovered hair evokes feelings of hirhur within the onlooker (Igros Moshe idid.).

399 Shulchan Aruch 75:2.

400 Igros Moshe, Even Ha’ezer I:58; and Orach Chaim IV, 112:4. See above, in the discussion about the dimensions of a tefach, for Igros Moshe’s position, meaning, the amount of uncovered area that in his opinion would practically be problematic.

401 Mishnah Berurah 75:10; Chazon Ish cited in Teshuvos Vehanhagos I, 62; Chut Shani, Even Ha’ezer 21:11 (p. 54); Ohr Letziyon II, 6:11.

402 75:10. This is also the opinion of the Chazon Ish (16:8).

403 Aruch Hashulchan 75:7 citing Ra’aviah; Igros Moshe Orach Chaim I, 42-43; Ben Ish Chai, Shanah Rishonah Bo 12; Kaf Hachaim 17.

404 Teshuvos Chasam Sofer, Orach Chaim I:36, sources this practice in Shir Hashirim 4:1, stating מִבַּעַד לְצַמָּתֵךְ שַׂעְרֵךְ כְּעֵדֶר הָעִזִּים וְכוּ' – “from within your kerchief; your hair is like a flock of goats etc.,” which is the verse from which the Gemara (Berachos 24a) derives the prohibition against reciting devarim shebekudashah when uncovered hair is visible.

405 Rema 75:2 with Mishnah Berurah 13-14. See also Chut Shani, Even Ha’ezer 21:11 (p. 54).

406 Chazon Ish, cited in Teshuvos Vehanhagos I:62.

407 Magen Avraham cited in Mishnah Berurah 75:14.

408 Beiur Halachah 75:2, s.v. michutz.

409 Salmas Chaim 73-74.

410 Berachos 24a.

411 Shulchan Aruch, Even Ha’ezer 21:1.

412 Beis Shmuel 21:4.

413 See Pischei Teshuvah 195:10; Igros Moshe, Yoreh Deah II:75.

414 Mishnah Berurah 75:17.

415 Chut Shani, Even Ha’ezer 21:10; Halichos Shlomo 20:11. Cf. R’ Chaim Kanievsky, cited in Ishei Yisrael 55, note 98.

416 Divrei Yatziv 5:36; Halichos Shlomo 20:11. Divrei Yatziv writes, though, that it is a pious trait to not do so.

417 Mishnah Berurah 75:17.

418 Mishnah Berurah ibid.

419 Igros Moshe, Orach Chaim I:26.

420 Shevet Halevi V, 197:4; Chut Shani, Even Ha’ezer 21:10.

421 R’ Shlomo Zalman Auerbach, cited in Sefer Hakatan Vehalichosav I, p. 18; Divrei Yatziv V:36. Orchos Rabbeinu I (5774 ed.), Kerias Shema 24 (p. 102), cites the Chazon Ish who forbids listening to a sister sing. See, however, Chut Shani, Even Ha’ezer 21:10, who provides a different understanding in the Chazon Ish’s ruling.

Kovetz Teshuvos III:10, writes that one may listen to a sister sing until her body matures.

422 Shulchan Aruch 75:3.

423 R’ Chaim Kanievsky, cited in Ishei Yisrael 55, note 99.

424 Shevet Halevi III, 181:2; Chelkas Ya’akov I:30; Az Nidberu IX:59.

425 Halichos Shlomo 20:12. See also Ashrei Ha’ish, Even Ha’ezer II, Hanhagos Tznius 40 (p. 125), who permits reciting a davar shebekudashah unless the sound being heard actually evokes feelings of hirhur in the listener.

426 See Mishnah Berurah 75:17; and Tzitz Eliezer V:2.

427 Kovetz Teshuvos III:10; Chut Shani, Even Ha’ezer 21:1:10; Shevet Halevi X: 26. See also Orchos Rabbeinu I (5774 ed.), Kerias Shema 25 (p. 102).

428 Even Yisrael IX, 63 (p. 58); Teshuvos Vehanhagos I:138. Teshuvos Vehanhagos adds that ideally the women at the table should sing quietly.

429 Halichos Shlomo, Tefillah 20:11, with Devar Halachah 21.

430 R’ Shlomo Zalman Auerbach, cited in Halichos Shlomo ibid.; and Ishei Yisrael 55, note 103.