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> | ||
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