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Yichud: Difference between revisions
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# 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> | # 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> | ||
# Some poskim hold that it is forbidden to seclude oneself with a woman which one is comfortable around in an area open to the public, while others permit it. <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. Chida (Birkei Yosef 22:6 and Birkei Yosef 245:6) proves from Shulchan Aruch and others that it is permitted but he isn't willing to be lenient. 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. Gan Naul 8:25 | # Some poskim hold that it is forbidden to seclude oneself with a woman which one is comfortable around in an area open to the public, while others permit it. <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. Chida (Birkei Yosef 22:6 and Birkei Yosef 245:6) proves from Shulchan Aruch and others that it is permitted but he isn't willing to be lenient. Kitzur Shulchan Aruch 152:5 rules like the Chelkat Mechokek. Misgeret Hashulchan 152:10 cited by Otzar Haposkim 22:9:13 is lenient in extenuating circumstances. 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. Tzitz Eliezer 6:40:12:4-8 is lenient. Gan Naul 8:25 seems to be lenient. He quotes the Shevet Halevi 5:23:7 and Divrei Chachamim 5:11 as permitting, while the Nodeh Beyehuda EH 2:18, Aruch Hashulchan 22:6, and Igrot Moshe EH 4:60 are strict. </ref> | ||
# If it is only possible to see into a window from the street if someone from the street were to stand on a chair then the window doesn't make it that the room is considered open to the public. However, if the window is low enough that people from the street can see into the room normally or by simply going on their tippy toes then it is considered open to the public.<ref>Gan Naul 8:19-20 based on Tzitz Eliezer 6:40:11:8</ref> | # If it is only possible to see into a window from the street if someone from the street were to stand on a chair then the window doesn't make it that the room is considered open to the public.<ref>The concept of a low window breaking yichud is accepted by the Nodeh Beyehuda 1:71. Otzar Haposkim 22:9:4 quotes the Maharsham Introduction to 2:76 who is lenient if you the window is high but can be seen from another house if someone in that other house were to stand on a chair, however, he isn't lenient with the same situation in the street.</ref> However, if the window is low enough that people from the street can see into the room normally or by simply going on their tippy toes then it is considered open to the public.<ref>Gan Naul 8:19-20 based on Tzitz Eliezer 6:40:11:8</ref> Some hold that yichud is only permitted where one can be seen normally through the window.<ref> Igrot Moshe EH 4:65:2 is only lenient with a window if you can be seen normally and not that a person needs to get on his tippy toes. </ref> | ||
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