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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 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. | # 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, 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. | * 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 Perisha EH 22 posits that there's a biblical prohibition to have yichud with someone who is forbidden on a Biblical level (lav). | ||
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==Different rooms== | ==Different rooms== | ||
# Many authorities hold that one man may not be in the same house as a woman even if they are in different rooms. <ref>Sh"t Igrot Moshe 4:65:19. [http://www.yutorah.org/lectures/lecture.cfm/762691/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Does_Closing_the_Door_Help_Save_Yichud_Problems 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). </ref> | # Many authorities hold that one man may not be in the same house as a woman even if they are in different rooms. <ref>Sh"t Igrot Moshe 4:65:19. [http://www.yutorah.org/lectures/lecture.cfm/762691/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Does_Closing_the_Door_Help_Save_Yichud_Problems 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). </ref> | ||
==Doctor and Patient== | |||
# For a dentist/doctor, yichud may be permitted if one is caught up in his work to the point that he will not do anything inappropriate.<ref> Igros Moshe (E”H 4:65:1) says that a male OBGYN is so caught up in his work that he will not have any bad desires. He continues that even after he completed seeing the patient and other patients are waiting and he is not necessarily busy with the work at this moment, he doesn’t have time to linger around and must rush to the next patient, so there is no potential issur that he will do in that short time span. If it is the end of the day and no more patients are coming, he can rely on the secretary or someone else in the building to mitigate the issur yichud. | |||
</ref> Some do not like this heter alone for yichud.<ref> Rav Shlomo Zalman Auerbach quoted in Nishmat Avraham 3:9 quotes the Gemara Kiddushin 80b which says that yichud applies even to a man and woman who are burying a baby in a cemetery, showing that there is an issur yichud even when one is busy with something where theoretically there should be no yetzer hara. </ref> | |||
## A second potential heter for yichud for a dentist/doctor is that he/she will receive professional repercussions if he/she would act inappropriately. This suffices as a preventative measure.<ref> Yaskil Avdi, Tzitz Eliezer, Nishmat Avraham, as quoted by Rabbi Torczyner. Tzitz Eliezer says that this heter may potentially only apply when both individuals involved are busy with the work. In a dentist/patient relationship, only the dentist is preoccupied, so the heter may not apply. </ref> | |||
==Links== | ==Links== | ||
* [http://www.torah.org/advanced/weekly-halacha/5757/achrei.html Article on Selected Halachos relating to Parshas Achrei Mos] by Rabbi Doniel Neustadt | * [http://www.torah.org/advanced/weekly-halacha/5757/achrei.html Article on Selected Halachos relating to Parshas Achrei Mos] by Rabbi Doniel Neustadt | ||
