Note: These Halachos are just as important for men to learn and know, as they are for women.
When Reading in Shul, DO NOT Read During Davening or Krias HaTorah
...Continued from previous week
1) The separation between the genders is not only for adults; even very young children should be taught separately in different classrooms and not be schooled together. (See Igros Moshe Yoreh Deah Vol. 1 Siman 137 where he explains that although very young children don't yet have a Yetzer Hara and don't usually have improper thoughts, still from a Chinuch standpoint this is the proper way to act)
2) Once the children reach age 9, it is even more important to ensure that they are schooled separately, as from that age onward they already are developed enough to have improper thoughts and thus schooling them together presents a real halachic issue. (See Igros Moshe Yoreh Deah Vol. 1 Siman 104 and Shu"t Yabia Omer Even HaEzer Vol. 4 Siman 4)
3) According to most Rishonim and Poskim, the prohibition of Yichud is a biblical one. (Based on the Posuk in Devarim 13:7. See Talmud Avoda Zara 36b and the Rabeinu Chananel there. See also Rashi to Shabbos 13a Dibur Hamaschil Mah Eishes Re'ehu and Tosefos Dibur Hamaschil Mah. Also see Sefer HaChinuch Mitzvah 188. The Rambam Hilchos Isurei Biah Perek 22:2 calls it "Divrei Kabala" which may mean he holds it is less than a D'Oraysa. See Talmud Kidushin 80b and Me'iri there for more on this. See also Aruch HaShulchan Even HaEzer Siman 22:2, Igros Moshe Even HaEzer Vol. 1 Siman 61 and Vol. 4 Siman 65:12 and Shu"t Minchas Shlomo Siman 91)
The Yichud that is biblically prohibited is the seclusion of one man with one woman. One man who is secluded with two women is a rabbinical prohibition, according to many Poskim. (See Shu"t HaRashba Vol. 1 Siman 587 and Shu"t Chavos Yair Siman 73. However, Yam Shel Shlomo Kidushin Siman 20 and Shu"t MaHarsham Vol. 3 Siman 152 maintain that even with 2 women it is a biblical prohibition)
Furthermore, the Yichud that is biblically prohibited, is between a man and a woman who are considered "Arayos" to one another; which means that these 2 people are prohibited from marrying one another (e.g. they are close relatives) or in a situation where the woman is a Niddah, where she is considered an "Ervah" and biblically may not be secluded with any man. (See Tosefos Sotah 7a Dibur Hamaschil Niddah)
4) The prohibition for a man to be secluded with a woman is in force for all women (besides for the exceptions, which we will discuss as we progress B'Ezras Hashem), young or old, attractive looking or otherwise, as the seclusion of a man and a woman may lead to impropriety Chas V'Shalom. (See Rambam Hilchos Isurei Biah Perek 22:1, Shulchan Aruch Even HaEzer Siman 22:1 and Yam Shel Shlomo end of Maseches Kidushin Siman 21)
5) It is forbidden for a single female, even if she isn't a Niddah, to be alone with a man. This prohibition was instituted by Dovid HaMelech and his court, due a story that transpired with Amnon and Tamar, as described in the Pesukim of Shmuel II Perek 13. (See Talmud Sanhedrin 21a-b and Shulchan Aruch Even HaEzer Siman 22:2)
Nowadays, since single girls do not (and may not) immerse in a Mikvah, every female above the age of 12 has the status of a Niddah, thus it is biblically prohibited for her to be alone with a man. (See Igros Moshe Orach Chaim Vol. 1 Siman 26 and Even HaEzer Vol. 1 Siman 61, Shu"t Riva"sh Siman 425, Aruch HaShulchan Even HaEzer Siman 22:1)
6) Just as it is prohibited for a Jewish male to be alone with an Aino-Yehudi female, single or married, so too it is forbidden for a Jewish woman or girl to be alone with a Aino-Yehudi male, (even if the Aino-Yehudi's wife is present), and according to some Poskim there are instances when this can be a Biblical transgression. (See Shulchan Aruch Even HaEzer Siman 22:2 and 3 and Yoreh Deah 153:4. See also Minchas Chinuch Mitzva 188:5, Be'er Heitev Even HaEzer Siman 16:2 and Pischei Teshuva Even HaEzer Siman 16:1)
If the Jewish woman is married, this is a biblical prohibition. (See Ram"a Even HaEzer Siman 115:4 and Biur HaGr"a there Sif Katan 19. See also Shu"t Chavos Yair Siman 73)
7) An adult male may be alone with a girl below the age of 3 years, and a woman may be alone with a boy below the age of 9 years. However, once a girl is above 3 years old and a boy is older than 9 years old, all the Halachos of Yichud apply to them, as if they are adults. (Shulchan Aruch Even HaEzer Siman 22:11)
There is some debate among the Poskim whether a boy under Bar Mitzvah (13) may be alone with a girl who is under Bas Mitzvah (12). Many Poskim are lenient, while others are stringent. A Rav should be consulted for Halacha L'Ma'aseh. (See Yam Shel Shlomo end of tractate Kidushin Siman 22, Bach Siman 22:7, Shu"t Igros Moshe Even HaEzer Vol. 4 Siman 65:11 and Sefer Birur Halacha page 71 quoting Rav Noson Gestetner Zatzal, author of Shu"t L'Horos Noson who prohibits it)
8) If a man is [R"L] ill to the point that he is, according to his doctors, incapable of doing the things for which the prohibition of Yichud were instituted, according to many Poskim there is no prohibition for a woman caregiver (or any woman) to be alone with him. (See Shu"t Igros Moshe Even HaEzer Vol. 4 Siman 65:10 and Shu"t Tzitz Eliezer Vol.6 Siman 40:22 See also Shu"t Zayis Ra'anan Even HaEzer Vol. 1 Siman 1 who is stringent with this)
However, an older man or a weak man, who does not have the strength to engage in the activities for which Yichud was instituted, and has even separated from his wife due to this, but has not done this based on any medical reason or on the advice of a doctor, is still subject to the biblical prohibitions of Yichud, though he won't be subject to the rabbinical prohibitions. (Igros Moshe ibid.)
...To be continued B’Ezras Hashem next week
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The Halachos are based on my personal understanding of the Halachic texts quoted, and are for learning purposes only, NOT for Psak Halacha. If you have questions or require further source information, please email [email protected] and I will try to respond as soon as I can. For a Halacha L’Ma’aseh Psak, please contact your local Orthodox Rav.
