Halachot and Customs
Prohibition of Touching Close Relatives
Question
What is the law regarding siblings, nieces and nephews, and uncles and aunts in the family? Thank you very much!!
Answer
Greetings,
A brother is forbidden to touch his sister affectionately once she is 11 years old, and a sister is forbidden to touch her brother affectionately once he is 12 years old. However, touching that is not affectionate is permitted at any age, even if she is married (see Shulchan Aruch, Even Ha'ezer 21:7, Responsa Avnei Yeshfeh, part 2, siman 96, and the book Um Ani Choma, part 1, section 328).
It is forbidden to touch a niece affectionately from the age of 3 (see the book Hilchot Shlomo, part 1, page 240).
The law of touching uncles and aunts is equivalent to that of touching a stranger.
It is permitted to touch a father and mother, grandfather and grandmother, at any age, including affectionate touching.
Sources: It is ruled in Shulchan Aruch, Even Ha'ezer (21:7) that a father may hug and kiss his daughter. The Beit Shemuel (sk 15) wrote in the name of the Pri Megadim that the permission applies even to an adult daughter. Similarly, it was concluded in Responsa Beitz Hashechama, part 3 (siman 12), that the permission applies even to a married woman and during her period of purity.
And see the Chidushim of the Chafetz Chaim (sk"i) that the permission extends even to a granddaughter. However, in Responsa Iggrot Moshe, Even Ha'ezer, part 1 (siman 60) and Yoreh De'ah, part 2 (siman 137), there is doubt raised about the permissibility of hugging and kissing between a grandfather and his grandson's daughter. Nevertheless, in practice, the common view is to permit this, as stated in Responsa Az Nidberu, part 13 (siman 57, note 5) and in Responsa Shevet Halevi, part 5 (siman 178) and in Responsa Mishneh Halachot, part 4 (siman 198) and in Responsa Avnei Yeshfeh, part 2 (siman 245, section 6).
Best wishes,
Hillel Meirs
עברית
