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) It is permitted for a father to be alone with his daughter. (Shulchan Aruch Even HaEzer Siman 22:1)
Likewise, it is permitted for a grandfather to be alone with his granddaughter (both his son's daughter and his daughter's daughter) (See Bach to Even HaEzer Siman 22 and Pischei Teshuva there S"K 2 what he quotes from the Zechor L'Avraham. See also Shu"t Noda B'Yehuda Mahadura Tinyana Even HaEzer Siman 18 Dibur HaMaschil V'Hinei, where he seems to prohibit a grandfather from being alone with his son's daughter based on a story that transpired. See also Shu"t Igros Moshe Even HaEzer Vol. 1 Siman 60)
A mother and a son may be alone. Likewise, it is permitted for a grandmother (both paternal and maternal grandmothers) to be alone with her grandson.
The above is true for great grandchildren/great grandparents as well. (See Mishne L'Melech Hilchos Sotah Perek 1:3 Dibur Hamaschil Kina)
2) It is permitted for a man to be alone with his wife when she is a Niddah, provided they have already consummated their marriage. (Shulchan Aruch Even HaEzer Siman 22:1 and Yoreh Deah Siman 195:1. See also Tosefos to Sotah 7a Dibur Hamaschil Niddah and Sanhedrin 37a Dibur HaMaschil HaTorah. See also Ram"a Yoreh Deah Siman 192:4 and the commentaries there)
3) There is much discussion among the Poskim if it is permitted for a woman to be alone with her brother. (As the Rambam, Tur, Shulchan Aruch, Kitzur Shulchan Aruch and many others do not specifically include a sister in the list of women with whom Yichud is permitted)
The consensus of most Poskim is that it is permitted for short periods of time (i.e. Temporarily) but it is prohibited to be alone with him for long stretches of time, or to settle under one roof [alone] for any extended period of time. (See Yam Shel Shlomo Perek 4 of Kidushin Siman 23, Igros Moshe Even HaEzer Vol. 4 Siman 64:3 and Siman 65:11. See also Sefer Dvar Halacha Siman 2:5 where he quotes the Chazon Ish Zatzal as saying that one need not be too stringent with Yichud with a brother. Furthermore, the leniencies of Yichud between a brother and sister apply when the sister is married as well. See Mishneh L'Melech Hilchos Sotah Perek 1:3 and Tzafnas PaNeach Hilchos Isurei Biah Perek 21:4.)
4) What exactly is a "short period of time" is a much discussed topic in the Poskim as well.
Some Poskim maintain that up to 30 days is considered temporary living, and thus a woman and her brother may live together [alone] in one house for up to 30 days. (Shu"t Imrei Yosher Vol. 2 Siman 43)
Other Poskim, however, disagree, and maintain that 30 days is too long to be considered a "short period of time" and they only allow a sister and brother to live together [alone] in a house for the amount of time that "guests" would spend in a home, which is a "few" nights, but not an entire month. (This is determined in each community what is considered for them a "normal" time for guests to stay, and isn't a specific amount of nights universally. See Igros Moshe Even HaEzer Vol. 4 Siman 64:3 and Sefer Emes L'Yaakov from Rav Yaakov Kamenetsky Zatzal Even HaEzer Siman 22 footnote 7)
If the parents go away on vacation to a far place for more than a few days, and leave a brother and a sister alone in their home, it is not considered "temporary", and the brother and sister may not sleep in the same home, unless a Shomer, a guardian, is put in place (we shall discuss the details of a Shomer and other deterrents as we progress B'Ezras Hashem) (see Igros Moshe Even HaEzer Siman 64 Dibur HaMaschil V'Ach and Siman 65:11)
In a case when one either the brother or the sister is elderly, or ill, where there is even less of a reason to need the prohibition of Yichud, many Poskim allow them to live together even permanently (See Igros Moshe Even HaEzer Vol. 4 end of Siman 64)
5) If the door of a home is "open" to the street, the prohibitions of Yichud do not apply to the inhabitants of that home. (Shulchan Aruch Even HaEzer Siman 22:9)
What is considered "open"? Some Poskim rule that the door must actually be open; a closed door even if it isn't locked is not considered open. (See Shu"t Rav Akiva Eiger Siman 100 [written by the Bais Meir] and 101 [written by Rav Akiva Eiger].)
6) Some Poskim maintain that even if the door is closed, as long as it isn't locked and people can freely enter without a key or combination code, it is considered open. (Shu"t Mabit Vol. 1 Siman 287, Shu"t RadBaz Vol. 1 Siman 121, Shu"t Binyan Tzion Vol. 1 Siman 138. This was also the opinion of the Chazon Ish quoted in Kraina D'Igrasa Vol. 2 Siman 122 and others). However, if nobody has permission to enter through the door, even according to these Poskim it isn't considered open and the fact that it's unlocked will not remove the prohibition of Yichud. (See Shu"t Radvaz and Shu"t Binyon Tzion ibid.)
7) Some Poskim say that it depends on the custom of each society and whether it is deemed normal to walk through a door without first knocking (in which case an unlocked door would be considered open) or if it is expected to knock on a door prior to entering, regardless if it is not locked (in which case all the prohibitions of Yichud would apply so long as the door is closed) (See Emes L'Yaakov Even HaEzer Siman 22 footnote 8. Where he says that for biblical Yichud it is best to be stringent and have the door open, while for rabbinical Yichud is enough with an unlocked door)
In a store or other place of business, where people come and go frequently, it is sufficient to have the door unlocked, and it isn't necessary to actually keep it open. (Psak of Rav Yaakov Ephraim Forchheimer Shlita)
8) Very often, homes have screen or storm doors installed in front of the main door to the house, for the purpose of keeping out bugs, cold air etc. Even according to the Poskim that require the main door to the home to be open, and not just unlocked, this screen/storm door need not be open and as long as it is unlocked it is sufficient, as it is the accepted custom for people who see the main door open to simply open the screen/storm door and walk in. (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.
