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Yichud: Difference between revisions
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==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 even a single woman. It is | # 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.<ref>S"A EH 22:1-2, Kitzur S"A 152:1, Yalkut Yosef Hilchot Ishut EH Siman 22:1-2. | ||
* The Gemara Kiddushin 80b learns from a Pasuk that Yichud with a relative who one is forbidden to live with (someone who would be | * The Gemara Kiddushin 80b 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 Yichud is biblical but just isn't explicit in the Torah. | ||
* 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. </ref> | * 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. </ref> | ||
# 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. <ref>Yalkut Yosef Hilchot Ishut EH Siman 22:1, Gan Naul pages 9-10. </ref> 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. <ref> Gan Naul pages 10-12 </ref> | # 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. <ref>Yalkut Yosef Hilchot Ishut EH Siman 22:1, Gan Naul pages 9-10. </ref> 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. <ref> Gan Naul pages 10-12 </ref> | ||
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# According to Sephardim, one may not be secluded with multiple woman nor one woman may not be secluded with multiple men. <ref>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 </ref> | # According to Sephardim, one may not be secluded with multiple woman nor one woman may not be secluded with multiple men. <ref>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 </ref> | ||
# It is forbidden for a man and woman to seclude them themselves together even if there's a camera or webcam that makes everything in the room visible to onlookers in another location. <ref> 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. </ref> | # It is forbidden for a man and woman to seclude them themselves together even if there's a camera or webcam that makes everything in the room visible to onlookers in another location. <ref> 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. </ref> | ||
==Open to the Public== | |||
# It is permitted for a man and woman to be secluded with one another in an area that is open to the public except at nighttime.<ref>S"A EH 22:9, Kitzur S"A 152:5</ref> | |||
# Some say that as long as the door is unlocked even if it is closed that area is considered open to the public<ref>Rashba (responsa 1:1251)</ref>, however, some say that it is only considered open if the door is actually open.<ref>Pitchei Teshuva 22:8 quoting the Beit Meir and Rabbi Akiva Eiger (responsa 100)</ref> Practically, some say that one can be lenient only if people in that area enter without knocking and getting permission.<ref>Nitai Gavriel (Yichud 33:1), Dvar Halacha (responsa 26)</ref> Some say that in cases of need one can be lenient regarding any rabbinical form of yichud.<ref>[http://www.yutorah.org/lectures/lecture.cfm/792159/Rabbi_Uri_Orlian/Hilchos_Yichud Rabbi Uri Orlian in a shiur on yutorah.org (min 70-3)]</ref> | |||
# 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. <Ref>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 S"A 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. </ref> | |||
==Car== | ==Car== | ||
# 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. <ref>Yalkut Yosef Hilchot Ishut EH Siman 22:9</ref> | # 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. <ref>Yalkut Yosef Hilchot Ishut EH Siman 22:9</ref> | ||
