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Yichud: Difference between revisions
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# A door open to the street permits yichud even with a non-Jew or someone who is suspect to immorality.<Ref>Chida in Birkei Yosef 22:9 and Shaar Yosef 3. Dvar Halacha 3:17 agrees. Otzar Haposkim 22:9:11 cites this Chida and no one else on the issue.</ref> | # A door open to the street permits yichud even with a non-Jew or someone who is suspect to immorality.<Ref>Chida in Birkei Yosef 22:9 and Shaar Yosef 3. Dvar Halacha 3:17 agrees. Otzar Haposkim 22:9:11 cites this Chida and no one else on the issue.</ref> | ||
# A door open to the street only permits that room and not rooms connected to it on other floors<ref>Knesset Hagedolah (Hagahot Tur EH 22:11) writes that a door that's open to the street only permits that room and not the upper or lower floors connected to that room. The Otzar Haposkim 22:9:5 quotes the Apei Zutrei 22:20 and Nichpeh Bkesef who agree.</ref> or even other rooms on that same floor.<ref>The Otzar Haposkim 22:9:5 quotes the Nidrei Zerizin 2:9 and Bet Shlomo OC 48 who write that rooms connected to a room open to the public are still subject to yichud, only the room that is open to the public itself is permitted. On the other hand, the Ezer Mkodesh seems to be lenient. Dvar Halacha 3:9 quotes this dispute and adds that the Bet Meir is strict but the Maharsham is lenient.</ref> | # A door open to the street only permits that room and not rooms connected to it on other floors<ref>Knesset Hagedolah (Hagahot Tur EH 22:11) writes that a door that's open to the street only permits that room and not the upper or lower floors connected to that room. The Otzar Haposkim 22:9:5 quotes the Apei Zutrei 22:20 and Nichpeh Bkesef who agree.</ref> or even other rooms on that same floor.<ref>The Otzar Haposkim 22:9:5 quotes the Nidrei Zerizin 2:9 and Bet Shlomo OC 48 who write that rooms connected to a room open to the public are still subject to yichud, only the room that is open to the public itself is permitted. On the other hand, the Ezer Mkodesh seems to be lenient. Dvar Halacha 3:9 quotes this dispute and adds that the Bet Meir is strict but the Maharsham is lenient.</ref> | ||
# Some poskim hold that yichud is only permitted in the area visible to the street but not to areas in the room that aren't visible from outside.<ref>Nitai Gavriel 32:5 writes that any spot in the room that isn't visible from the outside is forbidden. He supports this from the Bet Shlomo 48, Ezer Mkodesh, Yad Yitzchak 3:220, and Misgeret Hashulchan 152:10</ref> | |||
====Apartment Buildings==== | ====Apartment Buildings==== | ||
# An apartment that opens to a courtyard inhabited by three people or more, or someone who would prevent yichud such as a couple, if the door is open to that courtyard that is considered like being open to the public domain. If someone knows that the neighbors aren't going to enter one's house the door actually would have to be open and not closed but unlocked according to all opinions.<ref>Dvar Halacha 3:5</ref> | # An apartment that opens to a courtyard inhabited by three people or more, or someone who would prevent yichud such as a couple, if the door is open to that courtyard that is considered like being open to the public domain. If someone knows that the neighbors aren't going to enter one's house the door actually would have to be open and not closed but unlocked according to all opinions.<ref>Dvar Halacha 3:5</ref> | ||
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# Some poskim hold that it is forbidden to seclude oneself with a woman which one is comfortable around in an area open to the public, while others permit it. <Ref>The Chelkat Mechokek 22:13 writes that a person who is comfortable around a certain woman is forbidden to seclude himself with her in an area open to the public. The Taz 22:9, however, disagrees and permits. Chida (Birkei Yosef 22:6 and Birkei Yosef 245:6) proves from Shulchan Aruch and others that it is permitted but he isn't willing to be lenient. Kitzur Shulchan Aruch 152:5 rules like the Chelkat Mechokek. Misgeret Hashulchan 152:10 cited by Otzar Haposkim 22:9:13 is lenient in extenuating circumstances. Nitai Gavriel (Yichud 32:7) writes that in cases of need such as with a doctor one may be lenient unless the person is comfortable around the woman in an inappropriate sense. Tzitz Eliezer 6:40:12:4-8 is lenient. Gan Naul 8:25 seems to be lenient. He quotes the Shevet Halevi 5:23:7 and Divrei Chachamim 5:11 as permitting, while the Nodeh Beyehuda EH 2:18, Aruch Hashulchan 22:6, and Igrot Moshe EH 4:60 are strict. </ref> | # Some poskim hold that it is forbidden to seclude oneself with a woman which one is comfortable around in an area open to the public, while others permit it. <Ref>The Chelkat Mechokek 22:13 writes that a person who is comfortable around a certain woman is forbidden to seclude himself with her in an area open to the public. The Taz 22:9, however, disagrees and permits. Chida (Birkei Yosef 22:6 and Birkei Yosef 245:6) proves from Shulchan Aruch and others that it is permitted but he isn't willing to be lenient. Kitzur Shulchan Aruch 152:5 rules like the Chelkat Mechokek. Misgeret Hashulchan 152:10 cited by Otzar Haposkim 22:9:13 is lenient in extenuating circumstances. Nitai Gavriel (Yichud 32:7) writes that in cases of need such as with a doctor one may be lenient unless the person is comfortable around the woman in an inappropriate sense. Tzitz Eliezer 6:40:12:4-8 is lenient. Gan Naul 8:25 seems to be lenient. He quotes the Shevet Halevi 5:23:7 and Divrei Chachamim 5:11 as permitting, while the Nodeh Beyehuda EH 2:18, Aruch Hashulchan 22:6, and Igrot Moshe EH 4:60 are strict. </ref> | ||
====Windows to the Street==== | ====Windows to the Street==== | ||
# If there is a window that makes the room visible from the street someone who is in front of that window is considered as though it is open to the public and there's no yichud. One condition for this to be applicable is that the window needs to be low enough that people from the street can easily see into the room normally. There are some poskim who hold that if the window is high enough that a person from the street could see in while walking on his tippy toes that is also considered open to the public, while others disagree.<ref>The Nodeh Beyehuda 1:71 writes that a window that is visible to the public is considered like the room is open to the public and there's no yichud. Otzar Haposkim 22:9:4 quotes the Maharsham Introduction to 2:76 who is lenient if you the window is high but can be seen from another house if someone in that other house were to stand on a chair, however, he isn't lenient with the same situation in the street. Gan Naul 8:18 rules like the Maharsham. Tzitz Eliezer 6:40:11:8 holds that a window permits yichud even if it is only possible to see in from the public while standing on one's tippy toes. Igrot Moshe EH 4:65:2 seems like he is only lenient with a window if you can be seen normally and not that a person needs to get on his tippy toes. However, the Gan Naul ch. | # If there is a window that makes the room visible from the street someone who is in front of that window is considered as though it is open to the public and there's no yichud. One condition for this to be applicable is that the window needs to be low enough that people from the street can easily see into the room normally. There are some poskim who hold that if the window is high enough that a person from the street could see in while walking on his tippy toes that is also considered open to the public, while others disagree.<ref>The Nodeh Beyehuda 1:71 writes that a window that is visible to the public is considered like the room is open to the public and there's no yichud. Otzar Haposkim 22:9:4 quotes the Maharsham Introduction to 2:76 who is lenient if you the window is high but can be seen from another house if someone in that other house were to stand on a chair, however, he isn't lenient with the same situation in the street. Gan Naul 8:18 rules like the Maharsham. Tzitz Eliezer 6:40:11:8 holds that a window permits yichud even if it is only possible to see in from the public while standing on one's tippy toes. Igrot Moshe EH 4:65:2 seems like he is only lenient with a window if you can be seen normally and not that a person needs to get on his tippy toes. However, the Gan Naul ch. 8 fnt. 59 explains Igrot Moshe in accordance with the Maharsham.</ref> | ||
## There are poskim who significantly limit the applicability of this leniency so that it is almost irrelevant. They explain that if the room has a corner or a place in it which isn't visible from the street through that window then the window isn't considered open to the public since there's a concern that a person will walk away from the window into the secluded area of that room.<ref>The Ezer Mkodesh 22:9 (cited by Otzar Haposkim 22:9:4) writes that if the room which the window is open to has a corner or secluded area which isn't visible from the window then the window doesn't permit anything since there's a concern that the man and woman will walk into that secluded area. The Bet Yitzchak Glick 3:220:2 and Misgeret Hashulchan 52:10 quote this.</ref> Furthermore, some poskim say that if the room which has a window is connected to another room that isn't open to the public then again there is no leniency by having a window the public since it is easy to walk away from the window into the other room.<ref>Igrot Moshe EH 4:65:2 writes that if the room in which there's a window is open to another room that isn't open to the public then yichud is prohibited even in front of the window. See the previous footnote for the explanation.</ref> Yet some poskim disagree with these last two conditions and hold that a window to the public permits yichud while one is visible to the public.<ref>Gan Naul 8:16 proves from the Nodeh Beyehuda and others that there is no concern that someone who is currently not in a state of yichud will enter into a state of yichud. As such he writes that standing in front of the window that is visible to the public undoes yichud even if it is easily possible to walk into a secluded area. Gan Naul quotes Rav Elyashiv as being lenient on a window in the room even if there are secluded parts of the room as long as one is in front of the window. Dvar Halacha 3:13 agreed.</ref> | ## There are poskim who significantly limit the applicability of this leniency so that it is almost irrelevant. They explain that if the room has a corner or a place in it which isn't visible from the street through that window then the window isn't considered open to the public since there's a concern that a person will walk away from the window into the secluded area of that room.<ref>The Ezer Mkodesh 22:9 (cited by Otzar Haposkim 22:9:4) writes that if the room which the window is open to has a corner or secluded area which isn't visible from the window then the window doesn't permit anything since there's a concern that the man and woman will walk into that secluded area. The Bet Yitzchak Glick 3:220:2 and Misgeret Hashulchan 52:10 quote this.</ref> Furthermore, some poskim say that if the room which has a window is connected to another room that isn't open to the public then again there is no leniency by having a window the public since it is easy to walk away from the window into the other room.<ref>Igrot Moshe EH 4:65:2 writes that if the room in which there's a window is open to another room that isn't open to the public then yichud is prohibited even in front of the window. See the previous footnote for the explanation.</ref> Yet some poskim disagree with these last two conditions and hold that a window to the public permits yichud while one is visible to the public.<ref>Gan Naul 8:16 proves from the Nodeh Beyehuda and others that there is no concern that someone who is currently not in a state of yichud will enter into a state of yichud. As such he writes that standing in front of the window that is visible to the public undoes yichud even if it is easily possible to walk into a secluded area. Gan Naul quotes Rav Elyashiv as being lenient on a window in the room even if there are secluded parts of the room as long as one is in front of the window. Dvar Halacha 3:13 agreed.</ref> | ||
