Negiah

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Negiah is also a halakhic concept referring to the condition of having a vested interest in a dispute.

Halakhic sources
Note: Not meant as a definitive ruling. Some observances may be rabbinical, or customs, or Torah based.
Texts in Jewish law relating to this article:
Bible:	Leviticus 18:6
Mishnah:
Babylonian Talmud:	Sabbath 13a
Jerusalem Talmud:
Mishneh Torah:	Kedushah (Holiness), Issurei Biah (forbidden sexual relations), 21:1-7
Shulchan Aruch:	Even HaEzer 21

Negiah (נגיעה meaning "contact" or "connection" or "touch" in Hebrew) is the concept in Jewish law (Halakha) that restricts (or forbids) physical contact with, or touching of, a member of the opposite sex (particularly in an erotic manner), except for one's spouse, children, grandchildren, parents, and grandparents. A person who abides by this code of conduct is colloquially described as a shomer negiah ("observant [of] negiah").

1 Biblical prohibition and subsequent exegesis
2 Contemporary formulations
3 Shaking hands and relations with non-practitioners
4 References
5 See also

[edit] Biblical prohibition and subsequent exegesis

The prohibition of Negiah is attributed to several verses in Leviticus, 18:6 "None of you shall approach to any that is near of kin to him, to uncover their nakedness. I am the LORD." and 18:19: "Thou shalt not approach unto a woman to uncover her nakedness, as long as she is impure by her uncleanness."

The latter text (also an important source text for Nidda) is viewed by the Tannaim of late antiquity (70-200 CE) as referring to an expansive prohibition against men 'coming near' any of the Arayot, or biblically prohibited relations, which includes most close relatives. (Sifra Acharei Mot, 13,2). This prohibition on 'coming near' specifically includes such acts as kissing by the early Middle Ages, as when the prohibition on touching Arayot is subsequently mentioned in the Talmud, the case referred to is one of a scholar who kisses his sister. (Tractate Sabbath 13a).

The prohibition on men touching Arayot is codified by Rishonim including the Rambam (Hilchot Issurei Biyyah, 21:1) and the Sefer Mitzvot Gadol (126), who notes the consideration of "Derech Chiba" and "Derech Taavah" (affectionate/lustful behavior, resp.) The biblical etiology of Rambam's prohibition is disputed by Ramban, who refers to the derivation from Leviticus 18:6 as an asmachta (mnemonic association) and not true exegesis. (Ramban, Hasagot to Sefer HaMitzvot, Negative Commandment 353.)

[edit] Contemporary formulations

The prohibition has been further elaborated by a wide variety of contemporary Jewish legalists. For example, Negiah was the subject of a series of four important responsa by Rav Moshe Feinstein. (Iggrot Moshe, Orach Chayim, 1:Q113, Even HaEzer 1:Q56, 2:Q14, 4:Q32).

Of note is R' Moshe's twofold elaboration of the etiology of modern negiah jurisprudence: one aspect is derived from a biblical prohibition against close contact with Arayot, as described above. Since all women above the age of 11 are understood by R' Moshe Feinstein to fall into the category of Arayot due to Nidda (Iggrot Moshe, Orach Chayim, 1:Q26), it follows that the Negiah prohibition extends to all women, and not just the classical Arayot prohibited explicitly by the biblical text. The other aspect of the halacha derives from the notion of Hirhur, a prohibition against males feeling inappropriate sexual excitement. Ultimately, R' Moshe prohibits such acts as hugging, kissing, and shaking hands.

Other contemporary Jewish legalists maintain different opinions; thus the extent of the prohibition varies somewhat even within Haredi Judaism. Like most laws, these prohibitions are waived to save a person who is in life-threatening danger, and medical practitioners may touch members of the opposite sex in the course of their professional practice.

Conservative and Reform Judaism do not generally abide by the contemporary orthodox formulation of Negiah.

[edit] Shaking hands and relations with non-practitioners

Shaking hands is one subject of significant dispute, as it does not clearly satisfy the requirement of Derech Chiba and can create awkwardness in professional contexts. Many contemporary Jewish legalists, Rav Moshe Feinstein among them, prohibit handshaking in most contexts.

Some people who are not shomer negiah view this practice as offensive or discourteous and it is viewed by some to be a manifestation of sexism; the case of a woman whose offer of a handshake was rebuffed by her real estate agent is discussed by New York Times "Ethicist" Randy Cohen. ^[1] . Orthodox groups argue that the "intent [of the practice is] to elevate and sanctify the relationship between men and women, which is all too often trivialized." ^[2] and state that rather than showing a lack of respect for the opposite gender, the laws of negiah recognize the inherent sexual attraction between the sexes and the need to not view a member of the opposite gender as objects of sexual desire except in a marriage." ^[3] Orthodox legal scholar Michael Broyde, Rabbi of the Young Israel of Toco Hills and a Professor of Law at Emory University, has noted that in the case discussed by Cohen, the values of gender equality and of religious freedom are in conflict. ^[4]

The Office of Career Services at Yeshiva University, a Modern Orthodox institution, informs its students that:

"Shaking hands is a customary part of the interview process. Halacha permits non-affectionate contact between men and women when necessary. A quick handshake can be assumed to be business protocol. Since failure to shake hands will most likely have a strong negative effect on the outcome, it is necessary non-affectionate contact, which is permissible."^[5]