If the Bard were alive today:
To travel, or not to travel, that is the question:
Whether 'tis nobler in the mind to suffer
The slings and arrows of outrageous inspection,
Or to take arms against a sea of security obsessives,
And by opposing end in jail? Or stay home and sleep.
I was recently asked whether tis better (in the eyes of Jewish law) to suffer an intrusive pat-down or submit to a similarly intrusive full-body scan. Of course, both are enormously better than having to stand naked in the snow, and neither are as enjoyable as "old-fashioned" metal detectors, not to mention those lovely electro-magnetic wands that set the heart aflutter as they sail along the spine and can be
bought for as little as $30 on Amazon. I have a suspicion that the whole business might end if everyone brought their personal wands to the airport and just started scanning one another on the plane. Who's to say the TSA agents are any better at spotting terrorists than you are? (It may be a good idea to scan the airplane food as well.)
But most of us do not want to end in jail, and we are at the airport precisely because we'd rather not stay at home and sleep, so what is one to do given the choice between pat-down and X-ray?
Let's examine both options.
As far as a
pat-down is concerned, it is
TSA policy
"that passengers should be screened by a Security Officer of the same gender." This is very good. Moreover, where the removal of garments, head-coverings, or adornments is being requested, one can elect to have the search done in a private screening area. (Source:
TSA Religious and Cultural Needs) The unnerving downside of the pat-down is that one is being physically prodded and touched by a total stranger. Gloved hand or not, being frisked is intrusive in the extreme, and the more thorough the search the greater the sense of violation. Secondarily, the manual process can consume 3-5 minutes of time. Not much in the grand scheme of things...unless one's spouse is left alone to shepherd three little children, two strollers, the contents of eight carry-on bags to those "
let's put our shoes and belts back on benches," all while praying for the safety and security of any cellphones, pagers, passports, wallets, laptops and tickets.
Option two is to submit to the
Full-Body Scan, a process that has a couple of advantages. 1) The process is claimed to "take less than a
minute." 2) The officer who views the images is in a separate cubicle and never actually "sees" the individual. 3) If there is a irregularity on the scan, the officer reports to an intermediary officer, giving the process a further degree of anonymity.
The downside is the intrusiveness of the images themselves, compounded by the possibility that the officer who sees the image may be of a different gender than the woman or man being scanned. (For those unfamiliar with the specific nature of these images, see
Millimeter Wave Technology and the
Backscatter Technology.)
Some time ago, the OU's 'Vebbe Rebbe' addressed the issue in a
post, permitting an individual to electively use the scanner based on a number of arguments. 1) The security officer who sees the images is a professional who likely sees thousands of images a day and is, therefore, very much similar to a male doctor who is expected to maintain a level of professional detachment when examining a a female patient. (Igroth Moshe YD III.54)
2) The second argument is rather creative and well worth quoting in full:
"The gemara (Megilla 15a) says that whoever said the name Rachav [see Joshua Ch. 2] would be aroused, but only if he knew her. Based on this, some say that the prohibition of hearing a woman’s singing voice applies only when the one listening has seen the woman who is singing (Yabia Omer, I, Orach Chayim 6). In this case, where the guard does not know the person and would not recognize her based on what he saw, there is little cause for concern that he will be aroused."
3) Lastly, it's the man's problem if he get's aroused by such images, not the woman being scanned. (Brachot 24a; See my post
Why Doesn't Someone Write a Tzniut Book for Men? )
I would argue as well, as the person being scanned is fully dressed and covered up, it's hard to even come up with a whiff of a prohibition. Even if one were to lump radio and magnetic images with photographs and digital images, one can argue cogently that the 'nakedness' of an image is not the same as actual nakedness. (See previous blog: Skype and Head-Coverings,
Part I and
Part II) To conclude then, one can absolutely choose to have a full-body scan over a pat-down.
A final thought. I had an opportunity to ask my teacher, Rabbi Yakov Love
, shlita, just what he thought of the whole business of a married woman covering her hair on Skype. He agreed that the image of a person does not have the same law as an actual person. As Rabbi Love rules (according to the Igroth Moshe) that the obligation to cover one's head is based on whether one is in the physical presence of other men, there is no obligation to cover one's head for a Skype interview. He added though that while '
Dat Yehudith' might not apply, the strictures of modesty may very well determine that a woman might choose to cover her head, because she feels it inappropriate for her image to be broadcast without it.
Similarly, most of us would probably feel violated if we were photographed while getting out of a shower--no matter what the
halachic status an image might have.
To sum up then, when it comes to pat-downs or full-body scans, one ought to do that which feels least intrusive and affords one the greater degree of self-dignity and modesty. In blunter terms, choose what you feel to be the lesser of two evils.