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> | ||
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====Mother, Daughter, or Sister Breaking Yichud==== | ====Mother, Daughter, or Sister Breaking Yichud==== | ||
#Most poskim assume that this leniency of having a very close relative such as one's wife isn't yichud and protects from yichud, applies also to one's mother, daughter, and sister as well. Therefore, if a man is in a room with his wife, mother, daughter or sister, and one other woman he does not violate the yichud prohibition. <ref>The Pitchei Teshuva EH 22:2 does not extend this Heter to one’s daughter (meaning a man, his daughter and another woman would violate Yichud), while Iggerot Moshe Even Haezer 2:15 extends it to a daughter and in Iggerot Moshe 4:65:8 extends it to a mother, and sister as well. The Nitei Gavriel Yichud 40:1 follows Rav Moshe (and in footnote 1 quotes many others who do as well). </ref> Similarly, the minhag is to permit yichud for a grandchild with one's grandmother. Then even if there's another woman there it isn't yichud because of the presence of the grandmother.<ref>Rav Soloveitchik as cited in Nefesh Harav p. 256 was lenient about a man with his grandmother even though there was another one of his female cousins there since the man with his grandmother isn't yichud and the grandmother protects him from yichud with another woman. Rav Schachter comments that this is in accordance with Igrot Moshe EH 2:15.</ref> Sephardim are strict that there is yichud if there's another women with whom it is permitted to have yichud.<ref>The Chida in Yosef Ometz 26 writes that even though it is permitted to have yichud with one's mother it is certainly forbidden to have yichud with your mother and another women with | # Most poskim assume that this leniency of having a very close relative such as one's wife isn't yichud and protects from yichud, applies also to one's mother, daughter, and sister as well. Therefore, if a man is in a room with his wife, mother, daughter or sister, and one other woman he does not violate the yichud prohibition. <ref>The Pitchei Teshuva EH 22:2 does not extend this Heter to one’s daughter (meaning a man, his daughter and another woman would violate Yichud), while Iggerot Moshe Even Haezer 2:15 extends it to a daughter and in Iggerot Moshe 4:65:8 extends it to a mother, and sister as well. The Nitei Gavriel Yichud 40:1 follows Rav Moshe (and in footnote 1 quotes many others who do as well). </ref> Similarly, the minhag is to permit yichud for a grandchild with one's grandmother. Then even if there's another woman there it isn't yichud because of the presence of the grandmother.<ref>Rav Soloveitchik as cited in Nefesh Harav p. 256 was lenient about a man with his grandmother even though there was another one of his female cousins there since the man with his grandmother isn't yichud and the grandmother protects him from yichud with another woman. Rav Schachter comments that this is in accordance with Igrot Moshe EH 2:15.</ref> Sephardim are strict that there is yichud if there's another women with whom it is permitted to have yichud.<ref>The Chida in Yosef Ometz 26 writes that even though it is permitted to have yichud with one's mother it is certainly forbidden to have yichud with your mother and another women with whom yichud is forbidden. He explains that the only reason it is permitted to have yichud when one's wife is there is because she'll protect him from sin, whereas a mother won't. Minchat Ish 1:11:1 quotes the dispute between the Chida and Rav Chaim Palagi and is strict unless it is only derabbanan yichud. Gan Naul 12:2 is strict unless there is a situation of need in which case there is what to rely upon to be lenient. He cites that Rav Moshe Halevi and Chacham Ben Tzion Abba Shaul were strict on this issue.</ref> | ||
===Open to the Public=== | ===Open to the Public=== | ||
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# A male that is below 9 can act as a shomer once they know what the idea of biya is and could tell others if they saw something suspicious, however, once they're above 9 they can't be used as a shomer since they are forbidden with yichud themselves. Some say that from the age of 7 or 8 can be used, each one according to their knowledge. Some say that in a case of need even a child from the age of 5 or 6 can be used. Some say that even a child above 9 until they are 13 can be used as a shomer.<ref>Minchat Ish by Rav Shraga Ayal 10:2</ref> | # A male that is below 9 can act as a shomer once they know what the idea of biya is and could tell others if they saw something suspicious, however, once they're above 9 they can't be used as a shomer since they are forbidden with yichud themselves. Some say that from the age of 7 or 8 can be used, each one according to their knowledge. Some say that in a case of need even a child from the age of 5 or 6 can be used. Some say that even a child above 9 until they are 13 can be used as a shomer.<ref>Minchat Ish by Rav Shraga Ayal 10:2</ref> | ||
==Camera== | ==Specific Venues== | ||
===Camera=== | |||
#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> | #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> | ||
==Car== | ===Car=== | ||
#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> | #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> | ||
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*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> | *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> | ||
==Elevator== | ===Elevator=== | ||
#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> | #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> | ||
==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> | ||
#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> | #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> | ||
==Doctor and Patient== | ==Professionals== | ||
===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. 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> | #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> | ||
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#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 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> | ||
==Teachers== | ===Teachers=== | ||
#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> | #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> | ||
