Anonymous

Yichud: Difference between revisions

From Halachipedia

Yichud (view source)

Revision as of 19:28, 23 June 2024

116 bytes removed ,  23 June
Some of the wording and formatting
(Some of the wording and formatting)
Line 1: Line 1:
Yichud is the prohibition for a man to seclude with a woman that he is forbidden to lest he be intimate with her. This applies to secluding with a non-Jew of the opposite gender as well as a single woman.  
'''Yichud''' (literally "seclusion") refers to the prohibition for a man and woman to be alone with one another.  
==General Rules==
==General Rules==


#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 or non-Jewish woman. It doesn't matter if the woman is Jewish or non-Jewish.<ref>Shulchan Aruch EH 22:1-2, Aruch Hashulchan EH 22:1, Kitzur Shulchan Aruch 152:1, Yalkut Yosef Hilchot Ishut EH Siman 22:1-2.  
#According to Torah law, it is forbidden for a man to seclude himself with a woman who is an ''Ervah'', someone to whom he is forbidden. The Rabbis forbade one from secluding himself with a single Jewish woman, as well as a non-Jewish woman. <ref>Shulchan Aruch EH 22:1-2, Aruch Hashulchan EH 22:1, 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, but Bet Yosef isn't clear if according to Rambam it is a biblical prohibition or rabbinic. However, Bet Shmuel 21:1 understands that Rambam holds that holds that all of yichud is only rabbinic. Otzar Haposkim 22:1:1 quotes that this is also the view of Levush, Atzei Arazim, Ayin Yitzchak, Ben Yamin, and Tuv Taam V'daat. On the other hand, Otzar Haposkim quotes Mabit, Ara derabbanan, Yair Ozen, and Chikrei Lev who argue that even Rambam holds it is a biblical prohibition.
*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, but Bet Yosef isn't clear if according to Rambam it is a biblical prohibition or rabbinic. However, Bet Shmuel 21:1 understands that Rambam holds that holds that all of yichud is only rabbinic. Otzar Haposkim 22:1:1 quotes that this is also the view of Levush, Atzei Arazim, Ayin Yitzchak, Ben Yamin, and Tuv Taam V'daat. On the other hand, Otzar Haposkim quotes Mabit, Ara derabbanan, Yair Ozen, and Chikrei Lev who argue that even Rambam holds it is a biblical prohibition.
Line 9: Line 9:
*Does the prohibition of yichud include a concern of rape or just seduction? Igrot Moshe 4:65:12 and 4:65:19 writes that yichud was instituted for seduction or mutual consent and not rape. This is also the opinion of Binat Adam (Teshuvot Shaar Bet Hanashim n. 26). He has two proofs: 1) the Gemara Kiddushin 80b says that the concern of yichud of one man and two women is that they might both agree to seduction and does not mention a concern of rape. 2) A woman whose husband is in the city may seclude with a man because she wouldn't sin because of fear of her husband (Rambam). If the concern was rape then this would be forbidden. However, he raises the question that Dovid made yichud even with unmarried women because of a story of Amnon's rape of Tamar. That implies that the concern of yichud is for rape. He answers that Dovid made the yichud for single women because if he would have instituted it earlier then even that case of Tamar's rape wouldn't have happened. However, Bach 22:7 and Bet Shmuel 22:15 hold that yichud is forbidden because of a concern of rape. That is how he explains why it is forbidden to have yichud with a girl above 3 years old even though there's no concern of seduction at that age.  
*Does the prohibition of yichud include a concern of rape or just seduction? Igrot Moshe 4:65:12 and 4:65:19 writes that yichud was instituted for seduction or mutual consent and not rape. This is also the opinion of Binat Adam (Teshuvot Shaar Bet Hanashim n. 26). He has two proofs: 1) the Gemara Kiddushin 80b says that the concern of yichud of one man and two women is that they might both agree to seduction and does not mention a concern of rape. 2) A woman whose husband is in the city may seclude with a man because she wouldn't sin because of fear of her husband (Rambam). If the concern was rape then this would be forbidden. However, he raises the question that Dovid made yichud even with unmarried women because of a story of Amnon's rape of Tamar. That implies that the concern of yichud is for rape. He answers that Dovid made the yichud for single women because if he would have instituted it earlier then even that case of Tamar's rape wouldn't have happened. However, Bach 22:7 and Bet Shmuel 22:15 hold that yichud is forbidden because of a concern of rape. That is how he explains why it is forbidden to have yichud with a girl above 3 years old even though there's no concern of seduction at that age.  
*Is there a concern that if a man and woman currently aren't in a state of yichud that they will move into a state of yichud such as with a car since they might drive to a deserted alley? Igrot Moshe EH 4:65:2-3 is concerned for this. He says that this seems to be the dispute between Rabbenu Yerucham and Maharshal in Bet Shmuel 22:9 and we follow the Maharshal.</ref>
*Is there a concern that if a man and woman currently aren't in a state of yichud that they will move into a state of yichud such as with a car since they might drive to a deserted alley? Igrot Moshe EH 4:65:2-3 is concerned for this. He says that this seems to be the dispute between Rabbenu Yerucham and Maharshal in Bet Shmuel 22:9 and we follow the Maharshal.</ref>
#It is rabbinically forbidden for a man to seclude with two women.<ref>Pitchei Teshuva 22:1 quotes Chovat Yair that yichud deoritta is limited to one man and one woman, but one man with two women is only rabbinic.</ref>
#It is Rabbinically forbidden for a man to seclude with two women.<ref>Pitchei Teshuva 22:1 quotes Chovat Yair that yichud deoritta is limited to one man and one woman, but one man with two women is only rabbinic.</ref>


===Multiple Men and Women===
===Multiple Men and Women===
Retrieved from "http://localhost:80/index.php?title=Special:MobileDiff/33114"