Note: These Halachos are just as important for men to learn and know, as they are for women.
...Continued from previous week
1) There is a debate among the Poskim whether a man whose line of work brings him in contact with mostly women (such as a women's doctor, a women's clothing store owner or similar occupation where most of the work day is spent around women) may be alone with a woman when his wife is with him, or if an additional deterrent is necessary (such as an open door etc.)
According to many Poskim, having his wife with him will not suffice for such a man (Ruling of Tosefos Kidushin 82a Dibur Hamaschil Lo, Yam Shel Shlomo end of Kidushin Siman 28, Taz Siman 22:6, and the Gaon of Vilna in his commentary to Kidushin 80b), while other Poskim maintain that having his wife there with him helps even for such a man. (Ruling of Rambam Hilchos Isurei Biah Perek 22:8, Shulchan Aruch Even HaEzer Siman 22:7, Shu"t Igros Moshe Even HaEzer Vol. 4 Siman 65:14 and others)
2) A Jewish woman may not be alone with a non-Jewish man even if the non-Jew’s wife is present, as a non-Jewish woman is not an acceptable Shomeres. (Shulchan Aruch Even HaEzer Siman 22:7)
3) A woman whose husband is "in the city" (referred to in Halacha as Ba'alah B'Ir) may be alone with a man, as the fear of her husband coming home is enough of a deterrent to prevent anything inappropriate from happening. (Shulchan Aruch Even HaEzer Siman 22:8, Shu"t Radvaz Vol. 3 Siman 481, Kitzur Shulchan Aruch Siman 152:4 and Chofetz Chaim in Sefer Nidchei Yisroel Perek 24:6. Although a minority of Poskim, including the Bach, disagree with this leniency based on Rashi Kidushin 80a Dibur Hamaschil Ba'alah, most Poskim rule like the Shulchan Aruch and allow Yichud in such a case)
Likewise, a man may be alone with 2 women if the husband of either one of the women is in the city. (See Chochmas Adam Klal 126 and Binas Adam there Os 17)
However, if the woman is not in her own home, and the husband does not know where she is, or even if her husband allowed her to go to a different man's home, and knows where she is, the Poskim debate if the fact that her husband is in the city still helps.
The Chochmas Adam (Klal 26:6) rules that in the above cases the heter of Ba'alah B'Ir no longer applies.
Other Poskim (including the Chofetz Chaim in Sefer Nidchei Yisroel 24:6, Chazon Ish, Chida and others) maintain that the leniency still applies. (If the husband knows where she is, even more Poskim agree that there is no Yichud problems if Ba'alah B'Ir. See Radvaz ibid.)
Rav Moshe Feinstein Zatzal (Igros Moshe Even HaEzer Vol. 4 Siman 65:21) rules stringently, unless in cases of dire necessity where he allows it.
4) If the woman goes with the man to a deserted place, where she doesn't suspect that her husband would ever show up and find her, most Poskim agree that the leniency of Ba'alah B'Ir no longer applies. (See Sefer Nesivos L'Shabbos from the Hafla'ah Even HaEzer Siman 22:5 and Sefer Nidrei Zerizin from Rav Shlomo Kluger Zatzal Vol. 2 in the Teshuva at the end of the Sefer page76b)
5) If a couple lives in a large city (e.g. New York, Chicago, Jerusalem or similar), and although the husband is in the city, the wife knows that he is at the other end of the city (e.g. in his office or at work and it would take him a while to return home) it is debatable if the Heter of Ba'alah B'Ir still helps.
Many Poskim maintain that if he went to work and he cannot return home during work hours (as he is a salaried employee etc.) then the prohibition of Yichud is in effect even if the husband is "in the city".
However, if he is self-employed or in a job where he may come home at will at any time, even if he seldom does that, the heter of Ba'alah B'Ir still applies. (See Igros Moshe Even HaEzer Vol. 4 Siman 65:7 and 21)
6) Other Poskim are stringent, and consider it Yichud even if the husband is free to come home at any time, but seldom does during those hours. Moreover, if the wife spoke to the husband on the phone and knows he is at work (i.e. she saw the caller ID and knows exactly where he is calling from), or somewhere else where it would take him a while to get home, the prohibitions of Yichud apply even though he is "in the city". (See Shu"t Shevet Haleivi Vol. 3 Siman 180 and Vol. 5 Siman 203 where Rav Wosner shlita is stringent with this)
7) A Jewish female may not be alone with a non-Jewish male, even if her husband is "in the city" (See Chazon Ish Yoreh Deah Siman 66:2 that if other Jewish males are nearby, it may be ok.)
However, a Jewish male may be alone with a non-Jewish woman, if her husband is present in the room. (See Hagahos Radal to Kidushin 81a Dibur Hamaschil Ba'ala B'Ir)
8) The leniency of Ba'alah B'Ir does not work if the woman is Libo Gas Ba. Thus, a man may not be alone with a woman that he grew up with, is related to, or otherwise is comfortable with or has a relationship with, even if her husband is "in the city" (unlike with an open door, where it may help even by Libo Gas ba, as there the open door removes it from being Yichud, whereas here it remains Yichud) (Shulchan Aruch Even HaEzer Siman 22:8 based on story of Rav Bibi in Gemara Kidushin 81a)
According to most Poskim, the heter of Ba'alah B'Ir works even for a man whose profession is around women. (See Shu"t Sha'ar Yosef from the Chida end of Siman 3 and Radal on Tosefos Kidushin 82a Dibur Hamaschil Lo)
...To be continued B’Ezras Hashem next week
