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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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===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 based on the Maggid Mishna but himself questions it. Bet Shmuel 22:8 writes that "many women" means 3 but he doesn't explain what "many men" means.</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 generally strict to consider it 3 men and 3 women.<ref>Igrot Moshe EH 4:65:15</ref>
#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. Igrot Moshe 4:65:15 agrees. Bet Shmuel 22:8 writes that "many women" means 3 but he doesn't explain what "many men" means.</ref> some say 2 men and 3 women,<ref>Chachmat Adam 126:3 writes this and cites Bet Shmuel 22:8</ref> and some say 2 men and 2 women constitute many men and many women.<ref>Bach 22, Taz 22:3</ref> The poskim are generally strict to consider it 3 men and 3 women.<ref>Igrot Moshe EH 4:65:15</ref>
#If the men are involved with inappropriate activities (פרוצים), then it is forbidden even if there are multiple men and women there.<ref>Pitchei Teshuva 22:6 citing Birkei Yosef. This is also suggested by Chelkat Mechokek 22:9 and Bet Shmuel 22:11.</ref>
#If the men are involved with inappropriate activities (פרוצים), then it is forbidden even if there are multiple men and women there.<ref>Pitchei Teshuva 22:6 citing Birkei Yosef. This is also suggested by Chelkat Mechokek 22:9 and Bet Shmuel 22:11.</ref>


====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>
## Those who are lenient about this allow one man with three women even at night in extenuating circumstances.<ref>Igrot Moshe 4:65:20</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>


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====Husband in the City====
====Husband in the City====


#If a woman's husband is in the city, it's permissible to seclude with her unless one has a close relationship with her (''Libo Gas Ba'') such as if one grew up with her or is a relative. <ref>Shulchan Aruch EH 22:7, Yalkut Yosef Hilchot Ishut EH Siman 22:7 </ref>
#If a woman's husband is in the city, it's permissible to seclude with her unless one has a close relationship with her (''Libo Gas Ba'') such as if one grew up with her or is a relative.<ref>Shulchan Aruch EH 22:7, Yalkut Yosef Hilchot Ishut EH Siman 22:7 </ref>
##What is considered a close relationship such that there is no leniency of having one's husband in the city? Some say that even a professional acquaintance is considered a close relationship, while others limit it to a step-sibling or a relative.<ref>Aruch Hashulchan EH 22:6 held that a professional acquaintance is considered libo gas ba but the Tzitz Eliezer 40:12:2 disagreed and quotes the Chida in Shaar Yosef 3 who is lenient. </ref>
##What is considered a close relationship such that there is no leniency of having one's husband in the city? Some say that even a professional acquaintance is considered a close relationship, while others limit it to a step-sibling or a relative.<ref>Aruch Hashulchan EH 22:6 held that a professional acquaintance is considered libo gas ba but the Tzitz Eliezer 40:12:2 disagreed and quotes the Chida in Shaar Yosef 3 who is lenient. </ref>
#Some poskim hold that this only applies if the husband can come at any moment but not if a person knows that their husband isn't coming home until a certain time since he's at work or is involved with a specific task.<ref>Igrot Moshe EH 4:65:6</ref> Others are lenient.<ref>Yalkut Yosef EH 22:7 is lenient even if the husband is on the other side of town or he doesn't know in where his wife currently is.</ref>
#Some poskim hold that this only applies if the husband can come at any moment but not if a person knows that their husband isn't coming home until a certain time since he's at work or is involved with a specific task.<ref>Igrot Moshe EH 4:65:6 is strict if the man has a job and can't come home in the middle of the day that it isn't considered baala b'ir even though technically he is in the same city as her. However, if he works for himself and can come home whenever he wants then the leniency of being in the city does permit her in yichud.</ref> Others are lenient.<ref>Yalkut Yosef EH 22:7 is lenient even if the husband is on the other side of town or he doesn't know in where his wife currently is.</ref>
#Some poskim hold that this leniency does not apply if she's not at her own home.<ref>Chachmat Adam 126:6</ref> Others are lenient in extenuating circumstances.<ref>Igrot Moshe 4:65:21</ref>


====Wife Protecting Husband====
====Wife Protecting Husband====
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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 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>
#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. He writes that these women permit him even with a non-Jewish woman since he would be embarrassed to sin in front of his daughter, mother, or sister.
* 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>
 
====Adopted Children====
====Adopted Children====
# Some poskim allow a man to be secluded with an adopted daughter as long as his wife is alive.<ref>Igrot Moshe EH 4:46:2 allows yichud of a parent with an adopted child of the other gender as long as the other spouse is still alive. His reason is that one spouse will protect the other one from sinning as long as they’re alive.</ref>
# Some poskim allow a man to be secluded with an adopted daughter as long as his wife is alive.<ref>Igrot Moshe EH 4:46:2 allows yichud of a parent with an adopted child of the other gender as long as the other spouse is still alive. His reason is that one spouse will protect the other one from sinning as long as they’re alive.</ref>
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#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>
#If the building doesn't have a lot of people on each floor such as in an office building after hours, taking the elevator with one man and one woman is an issue of yichud.<ref>Minchat Ish 14:5 explains that the poskim were lenient on going into an elevator in yichud because it wasn't possible to remain in yichud for a long time. However, if the floors it wouldd open to wouldn't have a lot of people, then it is yichud.</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. Otzar Haposkim 22:28:5 quotes a dispute between the poskim within Rashi if locking the door between the room where the man is and where the woman is avoids yichud. Tzitz Eliezer and Divrei Malkiel hold that it is permitted even for Rashi and Ashkenazim. [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> However, Sephardim hold that technically there is no yichud if they aren't in the same room. They must be vigilant to make sure that they don't come to forbidden yichud by using the shared area at the same time.<ref>Gan Naul 6:3. Otzar Haposkim 22:28:4 quotes this understanding of Rambam and Shulchan aruch from Chelkat Yakov and Binat Adam, but Chazon Ish wasn't sure.</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 for Ashkenazim that is considered yichud.<ref>Igrot Moshe EH 4:65:19</ref> However, for Sephardim it isn't considered yichud.<ref>Gan Naul 6:3</ref>


==Professionals==
==Professionals==
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===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 children 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 who is lenient on this. This is unlike Chelkat Mechokek 22:21 who writes that a man may not teach children unless his wife is in the town, otherwise there is a concern that he will become close to the mothers who drop off and pick up their children and sin with them.</ref>
#A woman can be a teacher for boys if her husband is in the town all the time (so that no issue of yichud arises).<ref>Igrot Moshe EH 4:65:18</ref>
#A woman can be a teacher for young boys if her husband is in the town all the time (so that no issue of yichud arises).<ref>Igrot Moshe EH 4:65:18. Igrot Moshe rules like Chelkat Mechokek unlike Taz who requires that her husband is in the same house.</ref>


==Men secluding with other men==
==Men secluding with other men==
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