Yichud: Difference between revisions
From Halachipedia
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==General Rules== | ==General Rules== | ||
#It is forbidden from the Torah for a man to seclude himself with a woman to whom he is forbidden. It is Rabbinically forbidden for a man to seclude himself with any woman, even a single woman. It doesn't matter if the woman is Jewish or non-Jewish.<ref>Shulchan Aruch EH 22:1-2, Aruch Hashulchan EH 22:1, Kitzur Shulchan Aruch 152:1, Yalkut Yosef Hilchot Ishut EH Siman 22:1-2. | #It is forbidden from the Torah for a man to seclude himself with a woman to whom he is forbidden. It is Rabbinically forbidden for a man to seclude himself with any woman, even a single woman or non-Jewish woman. It doesn't matter if the woman is Jewish or non-Jewish.<ref>Shulchan Aruch EH 22:1-2, Aruch Hashulchan EH 22:1, Kitzur Shulchan Aruch 152:1, Yalkut Yosef Hilchot Ishut EH Siman 22:1-2. | ||
*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, but Bet Yosef isn't clear if according to Rambam it is a biblical prohibition or rabbinic. However, Bet Shmuel 21:1 understands that Rambam holds that holds that all of yichud is only rabbinic. Otzar Haposkim 22:1:1 quotes that this is also the view of Levush, Atzei Arazim, Ayin Yitzchak, Ben Yamin, and Tuv Taam V'daat. On the other hand, Otzar Haposkim quotes Mabit, Ara derabbanan, Yair Ozen, and Chikrei Lev who argue that even Rambam holds it is a biblical prohibition. | ||
*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 4:65:19 writes that yichud was instituted for seduction or mutual consent and not rape. | ||
*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> | |||
===Multiple Men and Women=== | ===Multiple Men and Women=== | ||
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===Family Members=== | ===Family Members=== | ||
#It is permitted for a man to seclude himself with his mother, daughter, granddaughter, or wife even when she in her state of Niddah. It is permissible for a man to seclude himself with his sister, however, it shouldn't be done frequently. <ref>Yalkut Yosef Hilchot Ishut EH Siman 22:1, Gan Naul pages 9-10. Igrot Moshe EH 4:64 writes that the exact amount of time isn't critical, it is only permitted if they're only there as a guest in a very evident way and not living there for some period of time. </ref> A brother and sister still living in their parents home may be left alone together for only a few days and not for an extended period of time. <ref>Gan Naul pages 10-12. See Igrot Moshe EH 4:65:11 concludes that this depends on the particular situation.</ref> | #It is permitted for a man to seclude himself with his mother, daughter, granddaughter, or wife even when she in her state of Niddah.<ref>Yalkut Yosef Hilchot Ishut EH Siman 22:1, Gan Naul pages 9-10. </ref> It is permitted to have yichud with a granddaughter, whether she is a daughter's daughter or a son's daughter.<ref>Otzar Haposkim 22:3:3 quotes Od Yosef Chay, Tzitz Eliezer, Imrei Dovid, Ezer Mikodesh, and Aruch Hashulchan who hold that both types of granddaughters are permitted, unlike Meorot Natan based on Nodeh Beyehuda 2:18 who holds that a son's daughter is forbidden.</ref> | ||
#It is permissible for a man to seclude himself with his sister, however, it shouldn't be done frequently.<ref>Chelkat Mechokek 22:1, Yalkut Yosef Hilchot Ishut EH Siman 22:1, Gan Naul pages 9-10. Igrot Moshe EH 4:64 writes that the exact amount of time isn't critical, it is only permitted if they're only there as a guest in a very evident way and not living there for some period of time. However, Bet Shmuel 22:1 suggests that secluding with a sister is forbidden since Rambam, Tur, and Shulchan Aruch make no mention of it being permitted. Otzar Haposkim 22:4:1 quotes Od Yosef Chay, Yafeh L'lev, Yosef Ometz who are strict about this. However, they also quote Prisha, Chikrei Lev, Maharshal, Chayei Adam, Maharsham, Aruch Hashulchan, and Avnei Nezer as being lenient. </ref> A brother and sister still living in their parents home may be left alone together for only a few days and not for an extended period of time.<ref>Gan Naul pages 10-12. See Igrot Moshe EH 4:65:11 concludes that this depends on the particular situation.</ref> | |||
#Yichud with two sisters is forbidden. Some say that yichud with a mother and her daughter or grandmother and her granddaughter or grandson is permitted.<ref>Igrot Moshe EH 4:64 at the end</ref> | #Yichud with two sisters is forbidden. Some say that yichud with a mother and her daughter or grandmother and her granddaughter or grandson is permitted.<ref>Igrot Moshe EH 4:64 at the end</ref> | ||
