Halachot and Customs
I Wanted to Know If There Is a Halachic Problem Being Alone with a Man in a House
Question
Hello!!! I wanted to know if there is a halachic problem of being alone with a man in a house (such as with a brother-in-law...) even if the door is not locked, does this fall under the prohibition of yichud?? If possible, could you explain a bit about the halachot in general of when this is a yichud prohibition.. Thank you very much, may you be blessed!! If possible, I would like the answer sent to my email.
Answer
Hello and blessings,
There is no distinction in the prohibition of *yichud* whether the man is related to the woman or not [the allowance for *yichud* with relatives applies only to descendants or a brother and sister in a transient manner. *Yichud* with a brother-in-law is definitely prohibited, and perhaps even more severe]. *Yichud* of a man and a woman (over the age of twelve) is prohibited by Torah law. *Yichud* of a man and a girl (under the age of twelve) is prohibited by rabbinic law. *Yichud* of one man and two women is prohibited by rabbinic law. *Yichud* of one man and three women is prohibited according to the Shulchan Aruch [Sephardim]; according to the Rema [Ashkenazim], it is apparently permitted. *Yichud* of two men and one woman is prohibited according to the Rambam and the Shulchan Aruch [Sephardim]; according to the Rema [Ashkenazim], it is permitted. At night, the Rema also requires three people. The only allowance for a woman to be alone with two men is with upstanding individuals; however, when there are lewd individuals present [who, according to most poskim, includes anyone who does not guard themselves from secular influences], this allowance does not apply for *yichud* with two or three. Allowances for *yichud* include:
1. Open Door: If the door is open to the public domain, there is no prohibition of *yichud*. When it involves a closed but not locked door—if it is on the top floor, for instance, where there is no chance of anyone entering, there is a prohibition of *yichud*. However, if it is a situation where it is not likely that a person will enter, but there is a slight chance that someone could (and a person would be concerned about committing a sin without locking the door), there is a disagreement among the later authorities as to whether this is permitted. The Ra'avad (Responsa Kamma 160) and the Beit Meir prohibit this, while the Radvaz (Responsa Part 1 121) and the Mabit (Responsa Part 1 257) and the Maharsham (Part 2 76) allow it. In practice, it is advisable to be stringent in this (and it suffices to leave the door slightly ajar), but in necessity, it can be permitted, especially regarding rabbinic *yichud*, such as being with two women and one man. The allowance of an open door also applies to a window, but in this case, they must be in a location where they can be seen through the window.
2. Husband in Town: *Yichud* is permitted when her husband is in town. Most later authorities ruled to permit this (Taz 4:7, Chafetz Chaim in *Nidchei Yisrael*, Chazon Ish as brought in *Dovev Meisharim* 3, and others), and this is the accepted halacha. Does the husband need to know where his wife is? According to the *Binat Adam* (17), if the husband does not know, there is no allowance of *husband in town*, since she would not be concerned that he would arrive. On the other hand, as stated in the name of the Chazon Ish, it is permissible, because according to him, the basis of the allowance is that the woman feels the presence of her husband even when there is no chance of him coming (“the fear of her husband on her”) and would not agree to be tempted. In practice, it is advisable to be stringent (and one can easily notify her husband by phone), but in necessity, there is room to be lenient, particularly in cases of rabbinic *yichud* (with a non-Jew or with two women, etc.). A third allowance: a 'guard': It is permitted to be in *yichud* with a woman when a child or girl over the age of 5 (up to the age of 9) is present, because the child will not keep secrets and they are embarrassed in front of the child (and at night, the time when people usually sleep requires two guards. In this case, it is also possible to be lenient even when both are sleeping, because it is possible that one will suddenly wake up). It is allowed to permit *yichud* with a woman when her mother, daughter, or sister is also present (and likewise in *yichud* with two sisters-in-law or with a woman and her mother-in-law).
Practical Examples:
1. A worker entering the house: One must be careful about the prohibition of *yichud*. It can be permitted when her husband is in town, or if someone is likely to arrive, or if there is a child or girl over the age of 5 present. If none of these conditions are met, the door should be left slightly ajar.
2. Car: The prohibition of *yichud* exists in the car as well, because there is concern that someone may stop. Therefore, the ride is permissible only when it is possible to see what is happening in the car (daylight or streetlights) and when cars pass by every few minutes. If cars are passing, but it is dark, one can be lenient by turning on the light in the car. When the above conditions are lacking, one can only be lenient with two women with one man or with three women with one man. Similarly, it can be lenient if there is a child or girl over the age of 5 present. In emergency situations or in places of danger, one can take a female hitchhiker even when the above conditions are not met (and however, it is advisable to turn on the light in the car), since during the ride, there is usually no concern about sinning, and when they stop, there are generally additional cars and if they stop in the middle of the road, one would be concerned that other cars may stop near them. Nonetheless, this is only in emergencies; under normal conditions, one must adhere to the above conditions even while traveling in a car.
3. A boy and girl going for a walk: If they are inside a house, they must be careful to meet the above conditions. If they are outside, they must be in a place that is well-lit and where people pass by from time to time. It does not need to be a crowded place, but definitely not isolated. Specifically in such cases, they must be more careful about the laws of *yichud*, especially in scenarios where a boy and girl already have a long relationship or are engaged. Of course, even after considering the laws of *yichud*, one must be careful about the laws of modesty, and the laws of *yichud* by themselves do not guarantee behavior that is modest.
Good luck.
עברית
