Halachot and Customs
The Prohibition of Touching and Its Biblical Source
Question
First of all, I have to say you have an amazing website!! Kudos!! Regarding my question.. My friend and I had an argument about the topic of the prohibition of touching. I say it exists, and she says it does not and that it is not written in the Torah!! Can you provide me with a quote from the Torah that states this? Like, where in the Torah does it say that one must keep this prohibition? Thank you in advance.
Answer
Hello and greetings,
The prohibition of touching a woman in a state of nidda (ritually impure) for affection (such as hugging and kissing) is indeed a biblical prohibition. As written in the Torah, in the Book of Leviticus, Chapter 18, Verse 19: "And you shall not approach a woman in her time of nidda to uncover her nakedness." Any affectionate closeness is prohibited, as clarified in the Rambam's Laws of Forbidden Relationships, Chapter 21, Halacha 1: "Anyone who has relations with a forbidden woman through bodily contact, or who hugs and kisses her for pleasure and enjoys the closeness of flesh, is liable to lashes from the Torah, as it is stated, 'Do not engage in the practices of the abominations,' and it is further stated, 'Do not approach to uncover nakedness.' This means that one should not approach acts that lead to uncovering nakedness." It is likewise noted in the sayings of our sages:
"Hashem said: Do not think that since it is forbidden for me to be with a woman who is not mine, I can hold her and have no sin, or that I can embrace her and have no sin, or that I may kiss her and have no sin. Hashem said: Just as if a Nazir vows not to drink wine, he is also forbidden to eat fresh or dried grapes and anything that comes from the vine, so too is a woman who does not belong to you forbidden to be touched at all. As King Solomon says (Proverbs 6), 'Can a man take fire into his bosom and his clothes not be burned?' So too, the one who approaches another’s wife will not be innocent; thus, Hashem compared the section of Nazir to the section of Sotah, as they are similar to one another. Any man who touches a woman who is not his, brings death upon himself, as it is written (Proverbs 7), 'For many are the slain she has caused to fall,' and it is written (Proverbs 5), 'Her feet go down to death; her steps lay hold of hell.'
Casual touching, such as a handshake, is prohibited by rabbinic decree, while unintentional touching is permitted. It should be noted that according to the Ramban, the prohibition of affectionate touching is indeed only rabbinic. The only difference between a Torah prohibition and a rabbinic one is with regard to the punishment, but the sin itself is serious in any case, and there is no difference between a Torah prohibition and a rabbinic one. This is in addition to the fact that touching women may lead a man to the sin of wasted seed, which is a serious issue in itself, such that deep and strong repentance is almost the only remedy, and it is clear that the woman who brings a man to such a state will not be innocent either. Therefore, guard yourselves against all forms of touching, and may each of you merit to build a faithful home in Israel. There is a special booklet explaining the great benefits of this observance, and the entire pamphlet can be found online – Benjamin Shmueli.
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