Is avoiding physical contact a Torah prohibition or a rabbinic one?

Greetings,

1. There is a dispute among the early authorities whether the obligation to avoid physical contact is from the Torah or rabbinic in origin. The view of the Rambam (Laws of Forbidden Relations, chapter 21, halacha 1) is that it is a Torah obligation, and this is his language: Anyone who has relations with one of the forbidden relations by way of body contact, or who embraces and kisses by way of desire and derives pleasure from the closeness of flesh, is liable to lashes from the Torah, as it is said, in order not to do the practices of the abominations, etc. And it is said, you shall not approach to uncover nakedness, meaning that one should not approach acts that lead to uncovering nakedness. End quote. However, the view of the Ramban in his comments to Sefer HaMitzvot (negative commandment 353) is that the obligation to avoid physical contact is rabbinic. In practice, the halacha was ruled in Shulchan Aruch, Even HaEzer (section 20, paragraph 1), that the obligation to avoid physical contact is from the Torah.

2. I do not know which rabbis you mean who shook hands with women, and in truth the view of the poskim is to forbid this entirely. See Teshuvot Yaskil Avdi, volume 4 (in Kuntrus Shealat Shalom, Even HaEzer section 2), where he wrote that the matter is simple and clear that there is no permission whatsoever to shake a woman’s hand. Likewise, in Igrot Moshe, Orach Chaim volume 1 (section 113), he wrote that extending a hand to a woman in the manner people give greetings when they meet is certainly forbidden, even with an unmarried woman, since they are menstruants, and all the more so with a married woman. See also there in Even HaEzer volume 1 (end of section 56) and volume 4 (section 32, letter 9). See also Beit Moshe, volume 4 (section 6, beginning with the words And certainly). In the book Maayan Omer, volume 12 (page 195), Rabbi Ovadia Yosef, of blessed memory, was asked by a lawyer abroad, where it is customary to shake hands with clients, and when non-Jewish women came to him they did not understand, whether it is permitted to shake their hands, and he answered: Do not shake hands, and tell them that for Jews this is forbidden according to halacha. See also further in Divrei Eliyahu, volume 7 (section 34).

And even in a case where the woman extended her hand first, and if one does not extend his hand back she may be hurt, there is still no permission for this, as Rabbi Yaakov Kanievsky, of blessed memory, wrote in the book Karyana DeIgarta, volume 1 (sections 162-164), and in Teshuvot Davar Yehoshua, volume 3 (Even HaEzer section 15), and in Teshuvot Mishneh Halachot, volume 6 (section 223), and in Teshuvot Divrei Shalom, volume 5 (section 15). This was also written in Teshuvot Asher Chanan, volume 8 (section 123). See also Teshuvot Shaarei Yosher, volume 5 (section 106).

It is also worth noting what is brought in the book Yalkut Yosef, Simchat Shabbat volume 1 (page 674), about an incident involving his father, Rabbi Ovadia Yosef, of blessed memory: when they awarded him the Israel Prize while he was serving as chief rabbi and head of the rabbinical court in Tel Aviv, they invited him onto the stage to receive the prize, and he shook the hand of the Minister of Education. When the prime minister at the time, Golda Meir, extended her hand to him, he nodded to her and did not shake her hand, despite the fact that this was done before the assembled public. Many in the audience applauded. The president of the state at the time was angered by this, and when Maran came to shake his hand, he too nodded and refused to shake it. This was a sanctification of Hashem among those who are meticulous in observance. End quote.

And so wrote Rabbi Pinchas Meirs, may he live long and be well, Av Beit Din of The Hague, in Teshuvot Divrei Pinchas, volume 1 (section 60, letter 41): I recall years past, when I sat among my people in the community of The Hague, may it be established speedily in our days, and at times distinguished women from government ministers and the royal house would extend their hands to me as was their custom as a mark of courtesy, and, praise to Hashem, I never returned the gesture, but explained to them in a gentle manner that the religion of our holy Torah forbids us to extend a hand to a woman, and almost always they accepted the words with understanding. End quote.

With blessings,

Hillel Meirs