18 Jul THE WOMEN’S SECTION

In many Orthodox
shuls, women’s sections
are poorly maintained.
Whether it’s the
lighting, the cleanliness,
the availability of
siddurim and tissues,
air conditioning, or any
other number of small and large issues. What
are the halachic implications of the state
of discomfort and disrepair of a women’s
section?
Let’s first note that the often reluctant
volunteers who run the shul prioritize the
issues they see personally. Since they are
men, they see the problems in the men’s
section. This natural prioritization is usually
instinctive, not intentional. In my experience,
when pointed out in a gentle and constructive
way, this method of prioritization will be
replaced by something more thoughtful. On
the other hand, it must be remembered that
generally speaking, women attend shul only
on Shabbos morning while men attend four
times on Shabbos plus every morning and
evening during the week. Fixing the men’s
section may legitimately be more urgent. But
prioritization should not lead to complete
neglect of the women’s section.

I. Different Sections
Setting that aside, let us examine the halachic
mandate to maintain properly the women’s
section. The Mishnah (Megillah 25b-26a)
discusses different levels of sanctity. Does a
women’s section have a lower sanctity than a
men’s section?
In an astonishing comment, the Chochmas
Adam (86:15) says that a women’s section
has no sanctity at all. The Pri Megadim (OC
EA:151:1) disagrees. He forbids slaughtering
kapparos before Yom Kippur in a shul’s
women’s section, permitting it only in the
shul’s courtyard. In his Rosh Yosef (Megillah
28a), the Pri Megadim explains that a
women’s section has the same sanctity as a
men’s section.
II. Ukrainian Shtetl
This issue came to the fore in an 1853
controversy. In the Ukrainian shtetl of
Zalyshchyk, the people who ran the beis
midrash erected pillars in the back of the
men’s section on which they built a women’s
balcony (the pillars eliminated a few men’s
seats). They did this against the protests of the
town’s rabbi and Jewish communal leaders.
In order to solidify his opposition, the rabbi
sent letters to leading halachic authorities.
The responses surprised him.
There are many issues to consider in this

question, such as the status as the air above
a shul and who has the power to authorize
changes in a shul. Relevant to our topic, Rav
Shlomo Kluger (Shenos Chaim, Kuntres
Perat Ve-Olellos) argues that a women’s
section has a lower sanctity because the
holiest prayers — Kedushah and Barchu — are
led in the men’s section and only answered
in the women’s section. For this and other
reasons, he supported the rabbi and insisted
that the beis midrash undo the change.
III. Three Lenient Responses
Rav Chaim Halberstam (Divrei Chaim
1:OC:3, 2:OC:11) agrees with Rav Kluger
in principle that the women’s section has
a lower sanctity than the men’s section.
However, he would permit this expansion of
the women’s section because it is for a holy
purpose, even though it has less sanctity. His
main concern in this case is that the change
was done without the approval of the Jewish
communal leaders.
Rav Yosef Shaul Nathanson (Sho’el
I-Meishiv 1:2:22-24) goes further. He
approves of the change. A place where
women pray regularly has sanctity, even if it
is slightly less than that of the men’s section.
Additionally, this change will improve the
women’s section greatly, which previously
lacked sufficient heat for the cold winter. It
will allow women to bring their small
children to shul and teach them to pray
nicely, which is important. While the
rabbi and communal leaders opposed this
change, Rav Nathanson advised that they
should back down for the sake of peace.
Rav Shlomo Drimmer (Beis Shlomo
1:28) argues that the sanctity of a women’s
section is the same as that of a men’s
section. It is true that the Mishnah (Keilim
1:8) says that in the Temple in Jerusalem,
the men’s section (Ezras Yisrael) had a
higher sanctity than the women’s section.
However, a shul is different because it is
for prayer, not sacrifices. Since women
pray and answer all the prayers, their
section is equivalent to the men’s section.
IV. Treating Sanctity Properly
Rav Kluger responded to these lenient
views, particularly (and harshly) to
Rav Nathanson’s responsa. However,
later halachic authorities, such as the
Maharsham (Responsa 1:OC:4) and Avnei
Neizer (OC 34), rule leniently on this. In
a fascinating 2003 responsum regarding
the Kotel, Rav Asher Weiss (Responsa
Minchas Asher 1:8:2) concludes that most
authorities permit expanding a women’s
section into the air above a men’s section.
Additionally, Rav Yosef Zechariah Stern
(Zeicher Yehosef OC:1:51) says that the
consensus is that a women’s section has
sanctity, unlike the Chochmas Adam’s
view. While the Aruch Ha-Shulchan (OC
154:7) agrees with the Pri Megadim and
Beis Shlomo that a women’s section has

the same sanctity as the men’s section, Rav
Asher Weiss believes that the consensus
seems to be that a women’s section has less
sanctity than a men’s section, just like a shul
has less sanctity than a beis midrash.
Be that as it may, a women’s section is a
holy place, patterned after the Temple in
Jerusalem. It has sanctity as a place where
women regularly pray. Therefore, the rules
regarding the sanctity of a shul apply to a
women’s section. This includes the required
upkeep and decorum described in Shulchan
Aruch (OC 151). The people entrusted with
the upkeep of a shul have to ensure that
women can pray in a clean and comfortable
environment.
V. Men in the Women’s Section
While we are on the subject, we should
discuss what a woman should do if she
comes to shul and finds men occupying the
women’s section. Sometimes men prefer to
pray in the often empty women’s section for a
variety of reasons. These reasons can include
embarrassment at coming late, a search for
less crowded area, the opportunity to speak
more freely and inappropriately, and even
a desire to share a bottle of schnapps with
friends in a place that the rabbi can’t see.
These men should not be in the women’s
section. Rabbis have tried for many years to
stop the practice, sometimes locking the door,
which prevents the schnapps drinking in shul
but also prevents women from entering. If a
woman arrives at shul and finds men in the
women’s section, she should go right in,
sit down and start praying. The men may
grumble but they will leave. Just go in and
claim your rightful place. Everyone knows
you belong there.