Yichud: Difference between revisions

*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 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.

*Does the prohibition of yichud include a concern of rape or just seduction? Igrot Moshe 4:65:19 writes that yichud was instituted for seduction or mutual consent and not rape.

===Multiple Men and Women===

#According to Sephardim, one man may not be secluded with multiple woman and 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>

#A door open to the street only permits that room and not rooms connected to it on other floors<ref>Knesset Hagedolah (Hagahot Tur EH 22:11) writes that a door that's open to the street only permits that room and not the upper or lower floors connected to that room. The Otzar Haposkim 22:9:5 quotes the Apei Zutrei 22:20 and Nichpeh Bkesef who agree.</ref> or even other rooms on that same floor.<ref>The Otzar Haposkim 22:9:5 quotes the Nidrei Zerizin 2:9 and Bet Shlomo OC 48 who write that rooms connected to a room open to the public are still subject to yichud, only the room that is open to the public itself is permitted. On the other hand, the Ezer Mkodesh seems to be lenient. Dvar Halacha 3:9 quotes this dispute and adds that the Bet Meir is strict but the Maharsham is lenient.</ref>

#Some poskim hold that yichud is only permitted in the area visible to the street but not to areas in the room that aren't visible from outside.<ref>Nitai Gavriel 32:5 writes that any spot in the room that isn't visible from the outside is forbidden. He supports this from the Bet Shlomo 48, Ezer Mkodesh, Yad Yitzchak 3:220, and Misgeret Hashulchan 152:10</ref>

====Apartment Buildings====

#If there is a window that makes the room visible from the street someone who is in front of that window is considered as though it is open to the public and there's no yichud. One condition for this to be applicable is that the window needs to be low enough that people from the street can easily see into the room normally. There are some poskim who hold that if the window is high enough that a person from the street could see in while walking on his tippy toes that is also considered open to the public, while others disagree.<ref>The Nodeh Beyehuda 1:71 writes that a window that is visible to the public is considered like the room is open to the public and there's no yichud. 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. Gan Naul 8:18 rules like the Maharsham. Tzitz Eliezer 6:40:11:8 holds that a window permits yichud even if it is only possible to see in from the public while standing on one's tippy toes. Igrot Moshe EH 4:65:2 seems like he is only lenient with a window if you can be seen normally and not that a person needs to get on his tippy toes. However, the Gan Naul ch. 8 fnt. 59 explains Igrot Moshe in accordance with the Maharsham.</ref>

##There are poskim who significantly limit the applicability of this leniency so that it is almost irrelevant. They explain that if the room has a corner or a place in it which isn't visible from the street through that window then the window isn't considered open to the public since there's a concern that a person will walk away from the window into the secluded area of that room.<ref>The Ezer Mkodesh 22:9 (cited by Otzar Haposkim 22:9:4) writes that if the room which the window is open to has a corner or secluded area which isn't visible from the window then the window doesn't permit anything since there's a concern that the man and woman will walk into that secluded area. The Bet Yitzchak Glick 3:220:2 and Misgeret Hashulchan 52:10 quote this.</ref> Furthermore, some poskim say that if the room which has a window is connected to another room that isn't open to the public then again there is no leniency by having a window the public since it is easy to walk away from the window into the other room.<ref>Igrot Moshe EH 4:65:2 writes that if the room in which there's a window is open to another room that isn't open to the public then yichud is prohibited even in front of the window. See the previous footnote for the explanation.</ref> Yet some poskim disagree with these last two conditions and hold that a window to the public permits yichud while one is visible to the public.<ref>Gan Naul 8:16 proves from the Nodeh Beyehuda and others that there is no concern that someone who is currently not in a state of yichud will enter into a state of yichud. As such he writes that standing in front of the window that is visible to the public undoes yichud even if it is easily possible to walk into a secluded area. Gan Naul quotes Rav Elyashiv as being lenient on a window in the room even if there are secluded parts of the room as long as one is in front of the window. Dvar Halacha 3:13 agreed.</ref>

#Some say that it is forbidden for a man and woman to seclude 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> If someone is monitoring the camera, some poskim say that one can be lenient. <ref>[http://www.dinonline.org/2012/04/25/yichud-with-video-camera/ yichud with video-camera]. They also write that it is possible that it is also permissible if it is recording, even if nobody is watching. see also [http://www.dailyhalacha.com/m/halacha.aspx?id=714 Rabbi Eli Mansour] DailyHalacha. [http://www.yutorah.org/sidebar/lecture.cfm/821147/rabbi-aryeh-lebowitz/ten-minute-halacha-webcams-in-halacha/ Rabbi Aryeh Lebowitz in a Ten Minute Halacha] explained that it seems that a security camera that can be monitored at any time is enough to prevent yichud.</ref>

#According to Sephardim, if on the road at that time there's on average a car every 3 minutes and it is possible to see inside the car then there's no yichud for a man and woman together in a car. If the road isn't heavily traveled it is forbidden unless there are three men and three women, such as on a bus. However, on a bus where there was three men and three women and then some of them leave, if a woman is left alone with a male driver the woman must exit the bus unless there is a danger to get off. <ref>Yalkut Yosef Hilchot Ishut EH Siman 22:9, Gan Naul 8:22. Gan Naul cites Rav Meir Mazuz in Or Torah 18:108:37 as agreeing. </ref>

*Lastly, [http://www.koltorah.org/ravj/The%20Yichud%20Prohibition%20-%20Part%202.htm Rabbi Jachter] quotes Rav Mordechai Eliyahu (cited in Techumin 10:311), Rav Aharon Lichtenstein, and Rav Mordechai Willig as ruling that it is permitted for a man to travel alone in a car with a woman unless they are driving in a very remote area or at a time when there are very few cars on the road. Nitei Gavriel (Yichud 44:1) rules that one roads where cars continue to pass by and the roads are well lit, there's no Yichud, however, on small streets where not very many cars travel it's forbidden. See further [http://www.dailyhalacha.com/Display.asp?ClipDate=11/2/2004 Rabbi Mansour on DailyHalacha.com].</ref>

#It is permissible for a man to enter an elevator with a woman because the time in travel is usually very short.<ref>[http://www.koltorah.org/ravj/The%20Yichud%20Prohibition%20-%20Part%202.htm Rabbi Jachter] quoting Teshuvot Igrot Moshe E.H. 4:65:16, Teshuvot Tzitz Eliezer 6:40:22, and Rav Shlomo Zalman Auerbach (Minchat Shlomo 1:91:22) say that it is permitted for a man to enter an elevator with a woman and it isn't yichud.</ref> Some say that it is permitted if the elevator has a travel time of less than 3 minutes. <ref>Yalkut Yosef ([[Chinuch]] pg 389), Gan Naul 8:21. [http://www.yutorah.org/lectures/lecture.cfm/792159/Rabbi_Uri_Orlian/Hilchos_Yichud Rav Orlian] mentions that potentially going up the glass elevators in CN towers in Toronto which are taller than 1100 ft and the elevators take 58 seconds is a bit of a question of yichud if a man and woman go in together. </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>

#If a woman locks herself in a room and the man in on the outside room that is considered yichud.<ref>Igrot Moshe EH 4:65:19</ref>

#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. This leniency doesn't apply if the patient is the doctor's last patient unless there is a secretary or someone else in the office who is waiting for the doctor to come out of the room.<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>

#The relationship between a dentist/patient can be transformed into a libo gas ba situation if they develop a relationship through the professional interactions. Then these heteirim would not apply.<ref>Rav Shlomo Zalman Auerbach, quoted in Nishmat Avraham 3:94-95</ref>

#The minhag is to permit a man to teach girls if he's married even if his wife isn't in the same city.<ref>Igrot Moshe EH 4:65:13 writes that the minhag is to follow Rabbi Akiva Eiger and not the Chelkat Mechokek 22:21 on this question.</ref>

*[http://www.torah.org/advanced/weekly-halacha/5757/achrei.html Article on Selected Halachos relating to Parshas Achrei Mos] by Rabbi Doniel Neustadt

*[https://www.yutorah.org/lectures/lecture.cfm/913334/rabbi-uri-orlian/practical-applications-of-hilchos-yichud/ Practical Applications of Hilchos Yichud] by Rabbi Uri Orlian

==Sources==

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