{"id":44424,"date":"2015-08-19T13:40:03","date_gmt":"2015-08-19T18:40:03","guid":{"rendered":"https:\/\/www.ou.org\/life\/?p=44424"},"modified":"2015-09-09T11:42:49","modified_gmt":"2015-09-09T16:42:49","slug":"headaches-and-head-coverings","status":"publish","type":"post","link":"https:\/\/www.ou.org\/life\/inspiration\/headaches-and-head-coverings\/","title":{"rendered":"Headaches and Head Coverings"},"content":{"rendered":"

Religion is hard, and it\u2019s supposed to be: Love of God should, by nature, be the sort of thing that claims all your heart, all your soul, all your worth.1<\/a><\/sup> Halakhic Judaism complements this truth with an equal and opposite force: God loves\u00a0us,<\/em>\u00a0and so wills that we live,2<\/a><\/sup> maintain our dignity,3<\/a><\/sup> preserve our wealth,4<\/a><\/sup> nurture harmony among people,5<\/a><\/sup> and avoid undue distress6<\/a><\/sup> \u2013 generally, that we judiciously sustain our worldly wellbeing. Both claims are to be honored. When they conflict, Halakha prescribes rules for systematic mediation, and the concerned are charged with adjudicating a faithful compromise. Derakheha darkhei no\u2019am<\/em> is God\u2019s gift and our\u00a0responsibility.<\/p>\n

Parameters for halakhic responsiveness to pain and illness are well developed and well known in cases involving shabbat<\/em>, kashrut<\/em>, fasting, childbirth, and milah<\/em>, among others, but with respect to the obligation for married women to cover their hair, it happens, they are not. They should be. Though spoken of rarely in public forums and still less in thebeis<\/em> medrash<\/em>, the amount of physical distress sustained in devotion to the head-covering obligation by a substantial number of people is empirically, emphatically non-negligible. As such it requires real halakhic, pastoral, and communal engagement, and most basically, reflective understanding. That the practice is identity-defining and spiritually foundational for so many \u2013 that the stakes are so high \u2013 only deepens the need for thoughtful attunement and response.<\/p>\n

We don\u2019t have hard data, but we do have a wealth of anecdotal records curated by that mystical presence to which the contemporary person, isolated and pining for sympathetic community, turns to share their deepest longings, fears, and frustrations: the internet. It is hard to avoid the conclusion that for a substantial minority \u2013 mi\u2019ut ha-matsui<\/em>would be the technical term \u2013 of people, felicity to the halakhot<\/em> of hair covering involves substantial bodily and thereby emotional pain. Here are some samplings casually gleaned from various online forums:<\/p>\n

\u201cWhen I tie up my\u00a0hair\u00a0to cover it the band pulls on my\u00a0hair\u00a0and im getting headaches like every day.
\ntoday I have cut my\u00a0hair\u00a0(not short) but it doesnt seam to make any difference.\u201d<\/p>\n

[Response]: \u201cinteresting. I also have just begun to have the same thing, meaning headaches from headcoverings and I have very short\u00a0hair. sometimes I feel like I have to rip off the hat or tichel (I dont, but the pain is crazy).\u00a0I would love to hear what others say about this.\u201d<\/p>\n

I even tried thick headbands, but my\u00a0hair\u00a0is very fine and not thick enough to really make it work. I got headaches from them, and from the pre-tieds, and from the tichels, and from the berets. I told myself, it\u2019s fine, because I don\u2019t cover at home so I don\u2019t have to wear it for so long.<\/p>\n

\u2026get a lot of mild to moderate headaches (I\u2019d say daily) particularly between the hours of\u00a07AM and 6PM\u00a0Monday through Friday\u2026I think it\u2019s my hat\/sheitel\/scarf that\u2019s doing it. Having something tight (or loose for that matter) around your head for more than a few hours can be quite uncomfortable.<\/p>\n

One day, I was wearing my most comfortable pre-tied bandana and set out to walk to the bus stop when I was met with blinding pain. I felt a very strong migraine coming on, so much so that I really had to stop what I was doing. Without thinking, I pulled off the bandana and felt the pain ease up just slightly. It suddenly hit me. I was not okay with this.<\/p>\n

Even something incredibly light causes issues. Even my\u00a0hair\u00a0being too long causes issues so I keep it short\u2026 It sucks\u2026I wear a hat in shul on Shabbat, but I tear it off as soon as I\u2019m out of the sanctuary, and I intentionally don\u2019t go as early as I\u2019d like because I can\u2019t stand it on my head for so long. On RH and YK, I drape a small cloth over my head with no clips or ties, but it\u2019s very unattractive and still bothers me after a time.<\/p>\n

I find having anything (even a doily) on my head to hurt and the effect is cumulative\u2026When my\u00a0hair\u00a0is longer, the pain is worse from the weight.<\/p>\n

I have been covering my\u00a0hair\u00a0for over five years and have always found it a challenge. Recently, this has been getting worse\u2026 I feel like ripping off anything that I put on my head, be it a sheitel, tichel, or a really loose snood. It\u2019s driving me crazy. I asked my husband to find me a heter to stop covering my\u00a0hair\u00a0which he finds really amusing\u00a0. But seriously, is there any hope for me other than racing around the house, closing curtains, and running around without any\u00a0hair\u00a0covering?<\/p>\n

A precise medical explanation of the phenomenon is beyond the scope of this article and well beyond the aptitudes of this author, but the testimony from the front lines indicates something like the following: For many individuals, the sustained pressure to the head, the heat, and the inadequate ventilation involved in hair covering results in steadily worsening, migraine-comparable headache symptoms with severity ranging from manageable discomfort to what is described as \u201cexcruciating pain.\u201d It may be that these individuals belong to the estimated 13% of the population who suffer from migraines generally, or the presumably broader contingent encompassing those physiologically disposed to migraines, or migraine-like pain, given sustained exacerbating conditions. Whatever the explanation(s), the realities are such that it would be surprising if there were not<\/em> a significant number of people burdened by the phenomenon.<\/p>\n

Please don\u2019t misunderstand: This is not an epidemic, the threat isn\u2019t cataclysmic, and the response shouldn\u2019t be over-dramatic. But sometimes non-sensational problems deserve our attention too. And so with all the usual this-is-not-pesak and please-consult-your-own-rav disclaimers, the following is an effort at clarifying the halakhic factors involved in these cases, and to suggest some broad-stroke parameters for working through this specific but basically unremarkable conjunction of halakhic observance and physical distress. The pretension is not to settle but to enrich the discussion, and of course to help see to it that there can be one.<\/p>\n

1) Categorizing Physical Distress<\/strong><\/p>\n

Halakha features three main categories of physical distress: (1) life-threatening (choleh she-yeish bo sakanah<\/em>), (2) non-life-threatening (choleh she-ein bo sakanah<\/em>), and (3) commonplace discomfort (meichush b-alma<\/em>). Since hair-covering-induced headaches are predominantly non-lethal, they may fall into either of categories (2) or (3). What conditions qualify someone as not merely suffering discomfort but as a full-fledged halakhic choleh<\/em>? The Shulchan Arukh<\/em>\u2019s formulation distinguishes between a \u201cbedridden patient,\u201d and a person who, though ill, can \u201cpull themselves together and walk about as a healthy person.\u201d7<\/a><\/sup> To qualify as properly ill, not merely discomfited, is to be unable to walk about and conduct one\u2019s business as does a normal, healthy person. Rema supplements this definition, glossing \u201cAlternatively, that he has an ailment from which his entire body suffers and grows sick, as in that case, even if he can walk about, it is as if he is bedridden.\u201d8<\/a><\/sup> The supplement is intended as a clarification: What matters, according to the Rema, is not whether the person is actually incapacitated, but whether the ailment is body-comprehensive and severe rather than localized or minor and is therefore functionally comparable to outright incapacitation. So for example, a stubbed toe may not qualify because it is too localized, while feeling tired, though a full-body experience, will usually involve less pain than would be necessary to qualify the sufferer as a choleh<\/em>. Synthesizing the criteria, R. Schachter offers the following straightforward formula: The choleh she-ein bo sakanah<\/em> is \u201cAnyone whose illness impairs their normal functioning.\u201d9<\/a><\/sup><\/p>\n

What about a person who, though not currently ill, will under present conditions predictably become<\/em> ill? Can one qualify as a choleh<\/em>prophylactically? On a frigid winter shabbat<\/em>, the Shulchan<\/em> Arukh<\/em> rules, one may instruct a non-Jew to light a fire, as \u201cWhen it comes to cold, everyone is a sick person.\u201d10<\/a><\/sup> That is, under threat of the cold the liable-to-become-ill are to be regarded as already ill, and the appropriate measures are to be taken. R. Schachter argues this principle is generalizable11<\/a><\/sup>: A predictable illness to come is functionally the same, and so warrants prophylactically the same prerogatives, as an illness in the present.<\/p>\n

It seems plausible then that by these criteria, many of the hair-covering induced headaches described above would qualify their sufferers as halakhic cholot<\/em>. This would be so if either a) the pain is sufficiently severe and broad-scoped so as to impair normal functioning, or b) it is predictable that, given the status quo, the pain will soon become<\/em>sufficiently severe and broad-scoped so as to impair normal functioning. Authoritative halakhic guidance is clearly requisite, but ultimately the determination has an irreducibly subjective core: If you feel out of sorts, like you can\u2019t bear the thought of doing the things you do, like you just can\u2019t take the pounding in your head anymore, there\u2019s a good chance you\u2019re a bona fide halakhic choleh<\/em>.<\/p>\n

2) Halakhic Implications of Choleh<\/em> Status<\/strong><\/p>\n

Assuming a person qualifies as a choleh<\/em>, what then? The evidence varies as to the degree of license afforded. Regarding medical treatment for a choleh <\/em>on shabbat<\/em>, the Shulchan Arukh<\/em> allows instructing a non-Jew to perform even a melachah d-oraita<\/em> \u2013 for the Jew effectively violating an issur d-rabanan.<\/em> After citing a number of conflicting views, he concludes that one may violate not only this but any d-rabanan <\/em>prohibition, with the proviso that the action be performed in an irregular manner (b-shinui<\/em>).12<\/a><\/sup> Though there remains a specific aversion to a Jew violating a shabbat <\/em>prohibition, even a rabbinic one, by his own hands \u2013 and so here an irregular manner is required \u2013 in principle the treatment of an illness does generally warrant the suspension of rabbinic prohibitions. This is further confirmed by the Rema, who in another context allows a choleh <\/em>to employ issurei hana\u2019ah d-rabanan<\/em> (post-Pesach<\/em> chametz<\/em>, for example) for therapeutic purposes, even in the manner one normally enjoys them.13<\/a><\/sup><\/p>\n

Paralleling the Shulchan-Arukh<\/em>\u2019s injunction against direct shabbat<\/em>transgression, Rema does prohibit the more specific, and apparently more intolerable, act of eating <\/em>a rabbinically prohibited substance.14<\/a><\/sup>But again, this seems to be a specialized, non-generalizable exception. It has also been suggested that we may distinguish here between rabbinic injunctions which are parameter-broadening auxiliaries to d-oraita<\/em> obligations (\u201cgezerot<\/em>\u201d), and those which are self-standing (\u201cissurim<\/em>\u201d).15<\/a><\/sup> So for instance, the Ran rules that substances prohibitedd-oraita<\/em> may be used abnormally, but forbids using those prohibited d-rabanan<\/em> in a regular fashion, because the latter represents a direct rabbinic enactment. We, however, do not accept this ruling: The fact that, as we saw, the Rema does allow the unqualified use of issurei hana\u2019ah d-rabanan<\/em> indicates that, without a specific reason to the contrary, we may assume that any given rabbinic prohibition may be suspended in the treatment of a choleh<\/em>.<\/p>\n

As it goes, in those cases in which the hair-covering obligation is d-rabanan<\/em> (next section\u2019s topic), it is clearly a supplementary broadening of the d-oraita<\/em> version rather than a self-standing enactment. Further, it may be that head-covering is not an issur <\/em>at all: According to R. Moshe Feinstein, it may just as well be a positive imperative rather than a negative injunction.16<\/a><\/sup> And should there be any doubt as to the precise category of d-rabanan<\/em> to which it belongs, R. Moshe argues, that doubt should be resolved toward the more lenient position, as with all d-rabanan <\/em>questions.17<\/a><\/sup><\/p>\n

3) Head Covering: d-oraita<\/em> or d-rabanan<\/em>?<\/strong><\/p>\n

In a widely discussed article published a few years back, the argument was advanced that, according to Rambam, Tur<\/em>, Shulchan<\/em> Arukh<\/em> and others, hair-covering is in all cases a categorically d-rabanan<\/em>obligation.18<\/a><\/sup> We could end the discussion here. But whatever the argument\u2019s merits, it remains more than contentious, and further, all agree that the majority of modern authorities do consider the hair covering obligation to be fundamentally d-oraita.19<\/a><\/sup><\/em> That said, there are more particular conditions under which poskim<\/em> do in fact categorize head covering as d-rabanan<\/em> without reservation. Two notable examples from R. Moshe:<\/p>\n

(1) A widow or divorcee. R. Moshe famously ruled that a widow for whom head covering represented an impediment to earning a living need not observe the practice, invoking among other factors the fact that the head-covering requirement for a widow is only d-rabanan<\/em>.20<\/a><\/sup><\/p>\n

(2) Hair already 50% covered. If the \u201chead\u201d in \u201chead covering\u201d is regarded as an integral whole rather than a set of individually hairs, then by the principle \u201ca majority is like a whole,\u201d R. Moshe argues, covering half of one\u2019s head should satisfy the requirement on ad<\/em>\u2013oraita<\/em> level.21<\/a><\/sup> Any obligation to cover any more than 50% is then d-rabanan<\/em>.<\/p>\n

More knotty, but likely most relevant, is the question of location. Thegemara<\/em> itself clearly indicates a modulation of hair-covering\u2019s d-oraita<\/em>\/d-rabanan <\/em>status across certain parameters:<\/p>\n

\u05d5\u05d0\u05d9\u05d6\u05d5\u05d4\u05d9 \u05d3\u05ea \u05d9\u05d4\u05d5\u05d3\u05d9\u05ea? \u05d9\u05d5\u05e6\u05d0\u05d4 \u05d5\u05e8\u05d0\u05e9\u05d4 \u05e4\u05e8\u05d5\u05e2. \u05e8\u05d0\u05e9\u05d4 \u05e4\u05e8\u05d5\u05e2 \u05d3\u05d0\u05d5\u05e8\u05d9\u05d9\u05ea\u05d0 \u05d4\u05d9\u05d0! \u05d3\u05db\u05ea\u05d9\u05d1: \u05d4\u05d5\u05e4\u05e8\u05e2 \u05d0\u05ea \u05e8\u05d0\u05e9 \u05d4\u05d0\u05e9\u05d4, \u05d5\u05ea\u05e0\u05d0 \u05d3\u05d1\u05d9 \u05e8\u05d1\u05d9 \u05d9\u05e9\u05de\u05e2\u05d0\u05dc: \u05d0\u05d6\u05d4\u05e8\u05d4 \u05dc\u05d1\u05e0\u05d5\u05ea \u05d9\u05e9\u05e8\u05d0\u05dc \u05e9\u05dc\u05d0 \u05d9\u05e6\u05d0\u05d5 \u05d1\u05e4\u05e8\u05d5\u05e2 \u05e8\u05d0\u05e9! \u05d3\u05d0\u05d5\u05e8\u05d9\u05d9\u05ea\u05d0 \u05e7\u05dc\u05ea\u05d4 \u05e9\u05e4\u05d9\u05e8 \u05d3\u05de\u05d9, \u05d3\u05ea \u05d9\u05d4\u05d5\u05d3\u05d9\u05ea \u2013 \u05d0\u05e4\u05d9\u05dc\u05d5 \u05e7\u05dc\u05ea\u05d4 \u05e0\u05de\u05d9 \u05d0\u05e1\u05d5\u05e8. \u05d0\u05de\u05e8 \u05e8\u05d1\u05d9 \u05d0\u05e1\u05d9 \u05d0\u05de\u05e8 \u05e8\u2019 \u05d9\u05d5\u05d7\u05e0\u05df, \u05e7\u05dc\u05ea\u05d4 \u05d0\u05d9\u05df \u05d1\u05d4 \u05de\u05e9\u05d5\u05dd \u05e4\u05e8\u05d5\u05e2 \u05e8\u05d0\u05e9. \u05d4\u05d5\u05d9 \u05d1\u05d4 \u05e8\u05d1\u05d9 \u05d6\u05d9\u05e8\u05d0, \u05d4\u05d9\u05db\u05d0? \u05d0\u05d9\u05dc\u05d9\u05de\u05d0 \u05d1\u05e9\u05d5\u05e7, \u05d3\u05ea \u05d9\u05d4\u05d5\u05d3\u05d9\u05ea \u05d4\u05d9\u05d0! \u05d5\u05d0\u05dc\u05d0 \u05d1\u05d7\u05e6\u05e8, \u05d0\u05dd \u05db\u05df, \u05dc\u05d0 \u05d4\u05e0\u05d7\u05ea \u05d1\u05ea \u05dc\u05d0\u05d1\u05e8\u05d4\u05dd \u05d0\u05d1\u05d9\u05e0\u05d5 \u05e9\u05d9\u05d5\u05e9\u05d1\u05ea \u05ea\u05d7\u05ea \u05d1\u05e2\u05dc\u05d4! \u05d0\u05de\u05e8 \u05d0\u05d1\u05d9\u05d9, \u05d5\u05d0\u05d9\u05ea\u05d9\u05de\u05d0 \u05e8\u05d1 \u05db\u05d4\u05e0\u05d0: \u05de\u05d7\u05e6\u05e8 \u05dc\u05d7\u05e6\u05e8 \u05d5\u05d3\u05e8\u05da \u05de\u05d1\u05d5\u05d9<\/p>\n

Three primary categories of location are distinguished: (1) The marketplace, in which wearing only a kaltah<\/em> is prohibited by dat yehudit<\/em>; (2) the alleyway between various courtyards, in which wearing a kaltah <\/em>does suffice for dat yehudit<\/em>; (3) and the courtyard itself, in which it would be unreasonably intrusive to require even a kaltah<\/em>, even by the more comprehensive standards of dat yehudit<\/em>. In a marketplace, here the paradigm of a public space, it is understood that leaving one\u2019s hair uncovered is in violation of a d-oraita<\/em> obligation. The status of the other two place categories, and how to define precisely what they are, requires investigation.<\/p>\n

Chatzer<\/u><\/em>:<\/u><\/p>\n

Regarding the courtyard, the degree of permissiveness allowed is subject to debate. The Tur<\/em> writes that if a woman goes about in a private courtyard with an uncovered head, \u201cShe is not divorced.\u201d22<\/a><\/sup>From this phrasing the Bach<\/em> infers that though not divorce-mandating the practice is nonetheless improprietous,23<\/a><\/sup> and this ruling is endorsed by the Beit Shmuel24<\/a><\/sup><\/em> and later by the Chatam Sofer<\/em>.25<\/a><\/sup> But the inference is rebutted by the Darkhei Moshe<\/em>,26<\/a><\/sup> and likewise thePerishah27<\/a><\/sup> <\/em>and Taz28<\/a><\/sup><\/em> take clear stands against requiring hair covering in a private courtyard. (Darkhei Moshe<\/em> does concede some value to covering one\u2019s hair in a chatzer<\/em> as a form of supererogatory tzeniut<\/em>.) R. Moshe concludes that the clear consensus belongs to the permissive position, and importantly, argues that even those who do require hair covering in a chatzer<\/em> would certainly not extend this to a woman\u2019s private room<\/em> where there is no concern of freely interloping men.29<\/a><\/sup><\/p>\n

What precisely qualifies a space as a chatzer<\/em>? According to Rif30<\/a><\/sup> and Rosh,31<\/a><\/sup> citing a passage from the Yerushalmi<\/em>,32<\/a><\/sup> to qualify for leniency a courtyard must be such that is not subject to public traversal (\u201cshe-ein ha-rabim bok\u2019in bo<\/em>\u201d). This would presumably include either cases in which access to the courtyard is blocked or otherwise restricted to the public, or cases in which masses of people simply do not regularly invade the courtyard space. But what if, in a by-nature private courtyard, it happens that some men are, or may soon become, present? R. Henkin adduces two views from the rishonim<\/em>33<\/a><\/sup>:<\/p>\n

(1) Ritva explains the uncovered-head license in a chatzer <\/em>on the grounds that \u201cthere are no onlookers,\u201d34<\/a><\/sup> perhaps implying that we require the certainty that there are at present zero men.<\/p>\n

(2) Terumat Ha-Deshen<\/em>\u2019s formulation, on the other hand, is \u201cwhere the masses are not commonly present, there is no concern,\u201d35<\/a><\/sup> which would seem to allow for relaxing the head-covering requirement even where there is some possibility that people may traverse the chatzer<\/em>, so long as they do not regularly do so.36<\/a><\/sup> It is possible to suggest, though not certain, that this would extend even to exceptional instances in which men are in fact passing through.<\/p>\n

On the Terumat Ha-Deshen\u2019<\/em>s view, one is not required to guard against the mere possibility of onlookers. It also may be that the obligation is not to ensure against the result that one\u2019s hair be seen, but as a matter of personal virtue to comport oneself in a privacy-minded manner, and that<\/em> duty is met in full even when the results are marred by unpredictable interlopers. Finally, R. Henkin suggests an interpretation focused not on the number of people, but on their identity: Perhaps the requirement to cover one\u2019s head fully is intended as a notification for others of one\u2019s marital status, and so in a neighborhood courtyard, where \u201ceveryone knows your name,\u201d the concern falls away.37<\/a><\/sup><\/p>\n

Conclusion: In a non-public courtyard, one is not required to cover their hair, though it may be praiseworthy to do so. A courtyard is non-public if substantial numbers of people do not regularly pass through, perhaps even if, on a given occasion, it happens that some have. Finally, we may be more likely to consider a place a chatzer<\/em> if everyone regularly present is on familiar terms.<\/p>\n

Me-chatzer l-chatzer derekh mavoi<\/u><\/em>:<\/u><\/p>\n

It is clear from the Ketuvot <\/em>passage that in an alleyway between courtyards only an intermediate degree of head-covering is required, but it is not immediately clear whether this minimal requirement is d-oraita <\/em>or d-rabanan. <\/em>To put it another way: In an alleyway, would having no head covering at all transgress a d-oraita <\/em>obligation? On the prevailing view, headlined by the Beit Shmuel, <\/em>the Taz, and possibly the Rambam,38<\/a><\/sup> the answer is no: The d-oraita <\/em>requirement exists only in full-fledged, marketplace\u2013<\/em>like public spaces. Everywhere else, head-covering is at most required rabbinically.<\/p>\n

But what is and is not a public space still requires clarification.Teshuvot Beit Yitzchak<\/em> poses an intriguing question39<\/a><\/sup>: The gemara<\/em>says that the hair-covering requirement is derived from the obligation to uncover the hair of a sotah<\/em>. But of course the sotah <\/em>proceedings took place within the walled, traversal-limiting confines of the temple courtyard; if this is the source, should not the hair-covering obligation likewise apply in less than fully public places? Perhaps, Beit Yitzchak<\/em>suggests, the temple courtyard was exceptional in that, despite not qualifying as a classical public domain, it was treated as one on account of the large numbers of people present at any given time. It would follow that any <\/em>space, if sufficiently populated, may a require head covering on a d-oraita <\/em>level as if in a marketplace. This conclusion is in apparent tension with the Yerushalmi<\/em>, noted in passing earlier, which states simply that \u201cChatzer she-ha-rabim bokin bo harei hu ke-mavoi; she-ein ha-rabim bokin bo, harei hu ke-chatzer<\/em>,\u201d indicating that, even with masses present, a courtyard is at most to be considered an alleyway. Beit Yitzchak <\/em>is therefore forced to reinterpret the Yerushalmi<\/em> as relating only to moderate, not large, crowds. In support of this position he adduces the Taz, who clarifies that thegemara\u2019s<\/em> \u2018alleyway\u2019 intends a place in which \u201cthe masses are not regularly present, though some do traverse.\u201d To restrict the head-covering requirement to a d-rabanan<\/em> level, on this view, an alleyway may have some, but not too many people.<\/p>\n

Endorsing the Beit Yitzchak<\/em>\u2019s position, R. Henkin adds an important, categorical qualification: Its provenance is limited to outdoor spaces. In explaining the practice of brides not covering their hair at their weddings, he notes that, \u201cIn countries where the chupah <\/em>is held indoors and the bride does not go outside, if the wedding feast is held in the same or an adjacent hall she has as yet incurred no Torah obligation to cover her hair.\u201d40<\/a><\/sup> The large numbers of wedding guests notwithstanding, the mere fact that the wedding takes place indoors <\/em>is in itself sufficient to rule out any d-oraita <\/em>obligation: \u201cInside, no matter how many people have gathered<\/em>, it is not d-oraita<\/em>.\u201d41<\/a><\/sup> Applying the principle to analogous cases would yield the conclusion that an indoor mall, a bustling workplace, or a crowded subway car, to think of a few, would similarly qualify.<\/p>\n

In conclusion, any place (a) featuring restricted access, (b) that is otherwise predictably unpopulated, and possibly (c) that is simply indoors, can be plausibly regarded as a place in which the obligation to cover one\u2019s hair is at most d-rabanan<\/em>.<\/p>\n

4) Conclusions:<\/strong><\/p>\n

Because many of these questions require greater and more rigorous clarification, because these issues bear a vital communal valence, and because each case is unique and deeply personal, any fixed policy recommendation would be inappropriate. What can be offered is a set of considerations, questions, and suggestions of use in engaging these issues thoughtfully.<\/p>\n

Those for whom head-covering entails substantial physical distress should, in conversation with their families, communities, and rabbis, think through the degree of pain they sustain and whether it impedes their capacity to live their daily lives. If it does, they may consider whether certain of their regular, regularly problem-causing environments \u2013 their home, backyard, car, low-traffic office \u2013 qualify as places in which the head-covering obligation may be d-rabanan<\/em>; the factors involved may include the number of people present, the number of people liable to become present, whether or not it is indoors, and whether it is controlled and familiar. Given that determination, it may then be considered whether the head-covering obligation ought to be relaxed \u2013 employing a less constricting method, covering less \u2013 or suspended long enough to alleviate or prevent undue pain.<\/p>\n

Beyond any specific resolution proposed in any given case, the mere ability to address the issue intelligently, openly, and faithfully is an inestimable benefit to all involved. Simply having a plan is a spring of comfort and strength, and the capacity for shared understanding, reflection, and collaboration is the ground for healthy communal life. Making sure those can happen is our responsibility.<\/p>\n

This article originally appeared on Rabbi Gil Student’s blog, Torah Musings<\/a>.<\/p>\n

\n
\n
    \n
  1. Devarim 6:5.\u00a0\u21a9<\/a><\/li>\n
  2. See Rashi to Sanhedrin 74a, s.v. sevara hu. \u00a0\u21a9<\/a><\/li>\n
  3. Berachot 19b. \u00a0\u21a9<\/a><\/li>\n
  4. Yoma 39a, Chullin 49b, Rosh Hashanah 27a.\u00a0\u21a9<\/a><\/li>\n
  5. Gittin 59a; Mishna Shevi\u2019it 4:3. \u00a0\u21a9<\/a><\/li>\n
  6. Ketuvot 60a. \u00a0\u21a9<\/a><\/li>\n
  7. Shulchan Arukh, OC 328:17.\u00a0\u21a9<\/a><\/li>\n
  8. Gloss to Shulchan Arukh, 328:17.\u00a0\u21a9<\/a><\/li>\n
  9. R. Herschel Schachter, Eretz Ha-Tzvi, siman 6. \u201cKol she-nimna mi-l-fol pe\u2019ulotav b-ofen normali me-chamat chulyo.\u201d\u00a0\u21a9<\/a><\/li>\n
  10. See Shulchan Arukh, OC 276:5.\u00a0\u21a9<\/a><\/li>\n
  11. R. Herschel Schachter, Eretz Ha-Tzvi, siman 6\u00a0\u21a9<\/a><\/li>\n
  12. SA, OC 328:17.\u00a0\u21a9<\/a><\/li>\n
  13. See Rama to Yoreh De\u2019ah, 155:3. \u00a0\u21a9<\/a><\/li>\n
  14. Ibid. \u00a0\u21a9<\/a><\/li>\n
  15. R. Herschel Schachter, Eretz Ha-Tzvi, siman 6.\u00a0\u21a9<\/a><\/li>\n
  16. Igrot Moshe, Even Ha-Ezer vol. 1, siman 57. \u00a0\u21a9<\/a><\/li>\n
  17. See ibid. \u00a0\u21a9<\/a><\/li>\n
  18. See R. Michael J. Broyde, \u201cHair Covering and Jewish Law: Biblical and Objective (Dat Moshe) or Rabbinic and Subjective (Dat Yehudit), in Tradition 42:3 (2009), 97-109. \u00a0\u21a9<\/a><\/li>\n
  19. See ibid, 98. \u00a0\u21a9<\/a><\/li>\n
  20. See Igros Moshe, Even Ha-Ezer 1:57. \u00a0\u21a9<\/a><\/li>\n
  21. Ibid, 1:58\u00a0\u21a9<\/a><\/li>\n
  22. Tur, Even Ha-Ezer 115.\u00a0\u21a9<\/a><\/li>\n
  23. See for example the comments of Bach, EH 115:3.\u00a0\u21a9<\/a><\/li>\n
  24. Bet Shmuel 115:9. \u00a0\u21a9<\/a><\/li>\n
  25. Teshuvot Chatam Sofer, Orach Chaim, siman 36. \u00a0\u21a9<\/a><\/li>\n
  26. Darkhei Moshe, Even Ha-Ezer 115:4. \u00a0\u21a9<\/a><\/li>\n
  27. Perisha, Even Ha-Ezer 115:11. \u00a0\u21a9<\/a><\/li>\n
  28. Taz, Even Ha-Ezer 115:5. \u00a0\u21a9<\/a><\/li>\n
  29. Igros Moshe, EH 1:58.\u00a0\u21a9<\/a><\/li>\n
  30. Riv, Ketuvot 32b. \u00a0\u21a9<\/a><\/li>\n
  31. Rosh, Ketuvot 7:9. \u00a0\u21a9<\/a><\/li>\n
  32. Yerushalmi Ketuvot, 7:7. \u201cChatzer she-ha-rabim bokin bo harei hu k-mavoi; she-ein ha-rabim bokin bo, harei hu k-chatzer.\u201d\u00a0\u21a9<\/a><\/li>\n
  33. See R. Y.H. Henkin, Teshuvot B\u2019nei Banim<\/em> 4:10.\u00a0\u21a9<\/a><\/li>\n
  34. See Shita Mekubetzet to Ketuvot 72b. \u201cKeivan she-ein sham ro\u2019in\u201d\u00a0\u21a9<\/a><\/li>\n
  35. Terumat Ha-Deshen, siman 10. \u201cheikha d-lo shekhikha rabim sham ein kepeida\u201d\u00a0\u21a9<\/a><\/li>\n
  36. See Benei Banim, vol. 3.\u00a0\u21a9<\/a><\/li>\n
  37. B\u2019nei Banim 4:10. \u00a0\u21a9<\/a><\/li>\n
  38. See Mishneh Torah, Hilkhot Ishut, chapter 24. \u00a0\u21a9<\/a><\/li>\n
  39. See Beit Yitzchak, 14:2. \u00a0\u21a9<\/a><\/li>\n
  40. Rabbi J.H. Henkin, Responsa on Contemporary Jewish Women\u2019s Issues, 155. Cf. R. Henkin, B\u2019nei Banim 3:23. \u00a0\u21a9<\/a><\/li>\n
  41. R. Henkin, Teshuvot B\u2019nei Banim 3:23. Emphasis added. \u00a0\u21a9<\/a><\/li>\n<\/ol>\n<\/div>\n

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