Yichud: Difference between revisions
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*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 | *The Perisha EH 22 posits that there's a biblical prohibition to have yichud with someone who is forbidden on a biblical level (lav). Chazon Ish EH 34:6 agrees. | ||
*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. | *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. | *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. | ||
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===Multiple Men and Women=== | ===Multiple Men and Women=== | ||
#It is permitted for many men and women to be secluded together.<ref>Shulchan Aruch EH 22:6</ref> What constitutes many men and many women? Some poskim write that only if there's 3 men and 3 women <ref>Birkei Yosef EH 22:3, Pitchei Teshuva 22:5, Chelkat Mechokek EH 22:6 | #It is permitted for many men and women to be secluded together.<ref>Shulchan Aruch EH 22:6</ref> What constitutes many men and many women? Some poskim write that only if there's 3 men and 3 women <ref>Birkei Yosef EH 22:3, Pitchei Teshuva 22:5, Chelkat Mechokek EH 22:6 based on the Maggid Mishna but himself questions it.</ref>, some say 2 men and 3 women<ref>Chachmat Adam 126:3 based on Bet Shmuel 22:8</ref>, and some say 2 men and 2 women constitute many men and many women.<ref>Bach 22</ref> The poskim are general strict to consider it 3 men and 3 women.<ref>Igrot Moshe EH 4:65:15</ref> | ||
#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> | #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> | ||
