Yichud: Difference between revisions
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*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 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 4:65:12 and 4:65:19 writes that yichud was instituted for seduction or mutual consent and not rape. This is also the opinion of Binat Adam (Teshuvot Shaar Bet Hanashim n. 26). He has two proofs: 1) the Gemara Kiddushin 80b says that the concern of yichud of one man and two women is that they might both agree to seduction and does not mention a concern of rape. 2) A woman whose husband is in the city may seclude with a man because she wouldn't sin because of fear of her husband (Rambam). If the concern was rape then this would be forbidden. However, he raises the question that Dovid made yichud even with unmarried women because of a story of Amnon's rape of Tamar. That implies that the concern of yichud is for rape. He answers that Dovid made the yichud for single women because if he would have instituted it earlier then even that case of Tamar's rape wouldn't have happened. However, Bach 22:7 and Bet Shmuel 22:15 hold that yichud is forbidden because of a concern of rape. That is how he explains why it is forbidden to have yichud with a girl above 3 years old even though there's no concern of seduction at that age. | ||
*Is there a concern that if a man and woman currently aren't in a state of yichud that they will move into a state of yichud such as with a car since they might drive to a deserted alley? Igrot Moshe EH 4:65:2-3 is concerned for this. He says that this seems to be the dispute between Rabbenu Yerucham and Maharshal in Bet Shmuel 22:9 and we follow the Maharshal.</ref> | *Is there a concern that if a man and woman currently aren't in a state of yichud that they will move into a state of yichud such as with a car since they might drive to a deserted alley? Igrot Moshe EH 4:65:2-3 is concerned for this. He says that this seems to be the dispute between Rabbenu Yerucham and Maharshal in Bet Shmuel 22:9 and we follow the Maharshal.</ref> | ||
#It is rabbinically forbidden for a man to seclude with two women.<ref>Pitchei Teshuva 22:1 quotes Chovat Yair that yichud deoritta is limited to one man and one woman, but one man with two women is only rabbinic.</ref> | #It is rabbinically forbidden for a man to seclude with two women.<ref>Pitchei Teshuva 22:1 quotes Chovat Yair that yichud deoritta is limited to one man and one woman, but one man with two women is only rabbinic.</ref> | ||
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====One man with multiple women==== | ====One man with multiple women==== | ||
#According to Ashkenazim, some permit one man to seclude with 3 or more women unless in profession he deals with women.<ref>Rama E.H. 22:5</ref> | #According to Ashkenazim, some permit one man to seclude with 3 or more women unless in profession he deals with women.<ref>Rama E.H. 22:5</ref> Others forbid.<Ref>Igrot Moshe EH 4:65:14</ref> | ||
#According to Sephardim, one man may not be secluded with multiple women.<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. Sh"t Chavot Yair 73 holds it is only rabbinically forbidden. See also Sh"t HaRashba 1:587.</ref> | #According to Sephardim, one man may not be secluded with multiple women.<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. Sh"t Chavot Yair 73 holds it is only rabbinically forbidden. See also Sh"t HaRashba 1:587.</ref> | ||
