Yichud

From Halachipedia

General Rules

  1. It is forbidden from the Torah for a man to seclude himself with a woman to whom he is forbidden. It is Rabbinically forbidden for a man to seclude himself with any woman, even a single woman. It doesn't matter if the woman is Jewish or non-Jewish.[1]

Multiple Men and Women

  1. It is permitted for many men and women to be secluded together.[2] What constitutes many men and many women? Some poskim write that only if there's 3 men and 3 women [3], some say 2 men and 3 women[4], and some say 2 men and 2 women constitute many men and many women.[5] The poskim are general strict to consider it 3 men and 3 women.[6]
  2. According to Sephardim, one man may not be secluded with multiple woman and one woman may not be secluded with multiple men. [7]

Family Members

  1. It is permitted for a man to seclude himself with his mother, daughter, granddaughter, or wife even when she in her state of Niddah. It is permissible for a man to seclude himself with his sister, however, it shouldn't be done frequently. [8] A brother and sister still living in their parents home may be left alone together for only a few days and not for an extended period of time. [9]
  2. If a woman's husband is in the city, it's permissible to seclude with her unless one has a close relationship with her such as if one grew up with her or is a relative. [10]
  3. When one’s wife is with him, there is no problem of being alone with other women as well[11] Most poskim assume that this leniency applies to one's mother, daughter, and sister as well. Therefore, if a man is in a room with his wife, mother, daughter or sister, and one other woman he does not violate the yichud prohibition. [12]

Open to the Public

  1. It is permitted for a man and woman to be secluded with one another in an area that is open to the public[13] except at nighttime.[14]
  2. Some say that as long as the door is unlocked even if it is closed that area is considered open to the public[15], however, some say that it is only considered open if the door is actually open.[16] Practically, some say that one can be lenient only if people in that area enter without knocking and getting permission.[17] Some say that in cases of need one can be lenient regarding any rabbinical form of yichud.[18]
  3. Many poskim hold that it is forbidden to seclude oneself with a woman which one is comfortable around in an area open to the public. [19]

Camera

  1. It is forbidden for a man and woman to seclude themselves together even if there's a camera or webcam that makes everything in the room visible to onlookers in another location. [20]

Car

  1. According to Sephardim, a man and woman may not drive together in a car on a road that's not heavily traveled especially at night. However, if there's three men and three women on the bus it's permissible. However, if some of the men and women leave and one woman is alone on the bus with male driver the woman must get off the bus unless there is a danger to get off. However, if there's a car on that road every 3 minutes it's permissible. [21]
  2. According to Ashkenazim, some say that it is not proper for a man and woman to travel alone in a car, while many others say that it is only forbidden to travel alone on small streets, where there only a few cars on the road.[22]

Elevator

  1. It is permissible for a man to enter an elevator with a woman because the time in travel is usually very short.[23] Some say that it is permitted if the elevator has a travel time of less than 3 minutes. [24]

Different rooms

  1. Many authorities hold that one man may not be in the same house as a woman even if they are in different rooms. [25]

Links

Sources

  1. ↑ Shulchan Aruch EH 22:1-2, Kitzur Shulchan Aruch 152:1, Yalkut Yosef Hilchot Ishut EH Siman 22:1-2.
    • The Gemara Kiddushin 80b and Avoda Zara 36b learns from a Pasuk that Yichud with a relative who one is forbidden to live with (someone who would be in the category of Arayot) is prohibited. The Gemara (Avoda Zara 36b) explicitly calls Yichud with a married women to be a biblical prohibition. Thus, Tur EH 22:1 writes that Yichud with an Erveh is biblical. The Rambam (Issurei Biyah 22:2), however, argues that Yichud is only Divrei Kabbalah. Bet Yosef (EH 22:1) explains that the Rambam holds that the gemara's expression that Yichud is biblical only meant that it is hinted to in the Torah.
    • The Perisha EH 22 posits that there's a biblical prohibition to have yichud with someone who is forbidden on a Biblical level (lav).
    • The Gemara Avoda Zara 36b says that the Bet Din of Dovid HaMelech instituted the prohibition of Yichud with a single woman and Bet Shamai and Bet Hillel extended Yichud to a non-Jewish woman as well.
  2. ↑ S"A EH 22:6
  3. ↑ Birkei Yosef EH 22:3, Pitchei Teshuva 22:5, Chelkat Mechokek EH 22:6 quotes this idea from the Maggid Mishna but questions it.
  4. ↑ Bet Shmuel 22:8, Chaye Adam 126:3
  5. ↑ Bach 22
  6. ↑ Igrot Moshe EH 65:15
  7. ↑ Yalkut Yosef Hilchot Ishut EH Siman 22:10. According to Yam Shel Shlomo Kiddushin Siman 20 and Sh"t Maharsham 3:152, one man with two women is a biblical prohibition. See however, Sh"t HaRashba 1:587 and Sh"t Chavot Yair 73
  8. ↑ Yalkut Yosef Hilchot Ishut EH Siman 22:1, Gan Naul pages 9-10.
  9. ↑ Gan Naul pages 10-12
  10. ↑ Yalkut Yosef Hilchot Ishut EH Siman 22:7
  11. ↑ S"A Even Haezer 22:5. Beit Shmuel 22:8 says that the reason for this leniency is that one’s wife is assumed to watch him to avoid sinning
  12. ↑ The Pitchei Teshuva EH 22:2 does not extend this Heter to one’s daughter (meaning a man, his daughter and a third person would violate Yichud), while Iggerot Moshe Even Haezer 2:15 extends it to a daughter and in Iggerot Moshe 4:65:8 extends it to a mother, and sister as well. The Nitei Gavriel Yichud 40:1 follows Rav Moshe (and in footnote 1 quotes many others who do as well).
  13. ↑ Kiddushin 81a, Shulchan Aruch EH 22:9
  14. ↑ Beer Heitev 22:9, Kitzur Shulchan Aruch 152:5
  15. ↑ Rashba (responsa 1:1251)
  16. ↑ Pitchei Teshuva 22:8 quoting the Beit Meir and Rabbi Akiva Eiger (responsa 100)
  17. ↑ Nitai Gavriel (Yichud 33:1), Dvar Halacha (responsa 26)
  18. ↑ Rabbi Uri Orlian in a shiur on yutorah.org (min 70-3)
  19. ↑ The Chelkat Mechokek 22:13 writes that a person who is comfortable around a certain woman is forbidden to seclude himself with her in an area open to the public. The Taz 22:9, however, disagrees and permits. Kitzur Shulchan Aruch 152:5 rules like the Chelkat Mechokek. Nitai Gavriel (Yichud 32:7) writes that in cases of need such as with a doctor one may be lenient unless the person is comfortable around the woman in an inappropriate sense.
  20. ↑ Kuntres Internet BeHalacha (p. 33) discusses whether having a webcam is similar to having a door open to the public domain and in the conclusion quotes Rav Elyashiv saying that it is not a valid leniency.
  21. ↑ Yalkut Yosef Hilchot Ishut EH Siman 22:9
  22. ↑
    • Rav Moshe in Sh”t Igrot Moshe EH 4:65(3) writes that initially it is not proper for a man and woman to travel alone because of a concern that they may stop in a deserted area and do something inappropriate. However, in a case of pressing need such as if a woman in the community needs to go to the same place he’s traveling and if he refuses he’ll be considered selfish, one may rely on those who hold that there’s no concern that they will stop in a deserted area.
    • However, Rav Shlomo Zalman in Minchat Shlomo 1:91(21) writes that sometimes there's room to be lenient to rely on the fact that the car has windows which are visible to the public and that there's no concern that they may stop in a deserted place. (See there for more details). Additionally, Rav Vosner in Shevet HaLevi 5:202(1) writes that regarding the nighttime concern, there's room to be lenient since the person driving can't fall asleep, however, he adds that since sometimes intercity highways or even local streets become deserted at night one should be strict.
    • Lastly, Rabbi Jachter quotes Rav Mordechai Eliyahu (cited in Techumin 10:311), Rav Aharon Lichtenstein, and Rav Mordechai Willig ruling that it is permitted for a man to travel alone in a car with a woman unless one is driving in a very remote area or at a time when there are very few cars on the road. Nitei Gavriel (Yichud 44:1) rules that one roads where cars continue to pass by and the roads are well lit, there's no Yichud, however, on small streets where not very many cars travel it's forbidden. See further Rabbi Mansour on DailyHalacha.com.
  23. ↑ Rabbi Jachter quoting Teshuvot Igrot Moshe E.H. 4:65:16, Teshuvot Tzitz Eliezer 6:40:22, and Rav Shlomo Zalman Auerbach (Minchat Shlomo 1:91:22) says that it is permitted for a man to enter an elevator with a woman and it isn't yichud.
  24. ↑ Yalkut Yosef (Chinuch pg 389)
  25. ↑ Sh"t Igrot Moshe 4:65:19. Rabbi Aryeh Lebowitz explains that even though Rav Moshe is strict there are some are opinions who are lenient but does not give a final ruling. See also Salmat Chaim 151, Chazon Ish 34:1-2, Shaar HaTziyun 239:27, Chachmat Adam 126:7, Divrei Malkiel 4:22, Tzitz Eliezer 6:40 (chap 7:10).
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