16,374
edits
Yichud: Difference between revisions
From Halachipedia
m
Text replacement - "S"A" to "Shulchan Aruch"
m (Text replacement - "S"A" to "Shulchan Aruch") |
|||
| Line 1: | Line 1: | ||
==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. It doesn't matter if the woman is Jewish or non-Jewish.<ref> | # 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>Shulchan Aruch EH 22:1-2, Kitzur Shulchan Aruch 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 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 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> | ||
| Line 8: | Line 8: | ||
# 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== | ==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<ref>Kiddushin 81a, | # It is permitted for a man and woman to be secluded with one another in an area that is open to the public<ref>Kiddushin 81a, Shulchan Aruch EH 22:9</ref> except at nighttime.<ref> Beer Heitev 22:9, Kitzur Shulchan Aruch 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> | # 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 | # 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 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. </ref> | ||
==Car== | ==Car== | ||
