On which side of the Mechitzah does a transgender man sit?
Question:
On which side of the Mechitzah does a transgender man (i.e., someone who was born a woman but identifies herself as a man) sit?
Answer:
While there are different opinions among the Achronim about the status of a person who R”L goes through a transgender surgery, the consensus is that the individual retains their original status.
Regarding where to sit, she should sit in the women’s section dressed as a woman. Even if she doesn’t appear completely like a woman, it would be acceptable to sit there in this case.
On the other hand, sitting in the men’s section is Halachically problematic. Theoretically, since in such a case it wouldn’t cause Hirhurim to have her sitting at the men’s side, and it wouldn’t be a violation of Yichud, it could be acceptable – in theory – to do so. Nonetheless, there is a Maris Ayin issue.
Another equally important point is what people in the Shul will say if they know that there is a transgender man/woman sitting on their side of the Mechitza? Will a man or woman there be turned off from praying in the Shul? Likewise, will it somehow weaken the position of Halacha in this matter? Having a woman Daven in the men’s section is a public statement that while Hashem instructed one way, the individual is publicly choosing to act otherwise, and is publicly acting as a man in defiance of the way Hashem created them.
The Rebbe writes that synagogue issues depend on many details, including those who pray in the Shul and the way they will perceive it.
Therefore, with following the axiom of Chazal: “Always the right hand should draw closer and the left hand …”, it be advisable to explain to the person the problem of them attending Shul services.
The options are to Daven in the women’s section dressed as a woman, or in the hallway.
Sources:
See Tzitz Eliezer (Vol. 10 p.167) who seems to hold that the transgender follows their new appearance. See however Kesher vol. 34. See at length in Sefer Dor Tahapuchos.
See also Igros Kodesh vol. 14 p. 95.
Below is a free translation of the letter:
Regarding an Aliya to the Torah for one who it is not so clear how much their observance in Torah and Mitzvos are… My answer is that the decision in this matter depends on many details, also regarding the conduct of the individual who wants to receive an Aliya to the Torah and also regarding those who pray in the Shul and the way they will perceive it. Like in all matters which are done in public is another matter which needs to be brought into consideration. And in fitting with what was mentioned the locals are to decide. However, it is understood that based on our Sages axiom, “always the right hand should draw closer and the left hand …” that in this way one needs to address this question. And specifically when there is a doubt if at all one needs to even push with their left hand, for it is already mentioned, “its ways are pleasant ways and all of its paths are of peace…”.
שוב איקלע לידי ספר דור תהפוכות שצויין אצלנו, שלא הי׳ תח״י בשעת מעשה, וראיתי לו בע׳ קמ ואילך שהאריך בשאלה זו, ומציין לכו״כ שנו״נ בזה. ואף שמסקנתו באו״א ממה שכתבנו – משנה ראשונה לא זזה.
וראה לו שם ע׳ קכז ואילך שהביא מכו״כ לענין לא ילבש שעליו להתלבש כמינו הקודם. והו״ע חולק. ואין דבריו מוכרחים.
#645
Can a man look at a man who transitioned through surgery to a woman?
Can he help him lay tefillin (would it make a difference in public or private)?
1. You shouldn’t if it will cause Hirhurim.
2. Although halachicly they are still a man and obligated to put on tefillin, it should not be done in public so it should not appear as we encourage woman to wear tefillin.