As a general introduction to the laws of Yichud and for a glossary of its terms, it is of great benefit to the student to study the source material of these halachos, primarily a passage of the Talmud at the end of Tractate Kiddushin. The following quotes serve only as the source of the halachah; however, regarding practical halachah, one should refer to the succeeding chapters of this book. Furthermore, the quotes below are only selected relevant passages, and not the full text of the Gemara.

1. Mishnah Kiddushin 80b

A man may not be secluded with two women, but one woman may be secluded with two men. Rabbi Shimon says: Even one man may be secluded with two women when his wife is with him, and he may spend the night with them in the same room of an inn if his wife is also present, because a wife will tend to be wary of her husband's actions in this situation and will easily awaken if anything improper occurs. A man may be secluded with his mother or with his daughter.

Gemara:

A man may not be alone with two women, but one woman may be alone with two men.[1]

QUESTION: What is the Biblical source for Yichud?[2]

ANSWER: Rabbi Yochanan said in the name of Rabbi Yishmael, for it is stated,[3] "If your brother, the son of your mother, shall instigate you (in private, saying, 'Let us go and serve another deity.')." Now, is it only a brother who is the son of your mother who is likely to instigate you to idolatry, whereas a brother who is the son of your father is not likely to instigate you? Why does the verse identify the instigator as being specifically a maternal brother? Rather, this tells you that a son may seclude himself with his mother, but it is forbidden for any other person to seclude himself with any ervah[4] mentioned in the Torah.

But one woman may be secluded with two men:

Rav Yehudah said in the name of Rav that this applies only in reference to men who are kosher (of high moral character), but regarding prutzim — men of low moral character — even if she were secluded with a group of ten, it is not permitted.

Rav Yehudah said in the name of Rav: They taught in the Mishnah that one woman may be alone with two men only in reference to being in the city, but in regard to being on the road it is not permitted, unless there are three men.

Rabbah said: If a woman's husband is in the city (Baaloh B'ir), we are not concerned with seclusion.

Rav Yosef said: If a door of the room in which the man and woman are secluded is open to the public thoroughfare (Pesach Posuach Lireshus Horabim), we are not concerned with seclusion.

Rav Bivi once visited the house of Rav Yosef. After he ate bread with his guest, Rav Yosef said to his servants, "Remove the ladder from under Bivi."[5] But did not Rabbah say that when her husband is in the city we are not concerned with seclusion?[6] Rav Bivi was different, because she was a close friend of his and therefore felt familiar with him (Libo Gas Boh).[7]

Whenever men and women gather at one spot there is the risk of misconduct. Therefore, at an assemblage of men and women, Abaye would arrange rows of jugs as a partition between them.[8] Rava would arrange rows of reeds.[9] Avin said: The sore spot of the year is Yom Tov.[10]

A man may be secluded with his mother:

Rav Yehudah said in the name of Rav Assi: A man may be secluded with his sister,[11] and he may dwell alone in the same house with his mother or daughter.[12]

Rava said: Although the Mishnah ruled that in general it is forbidden for a man to be alone with two women, a man may be alone with two sisters-in-law,[13] with two co-wives,[14] with a woman and her mother-in-law,[15] with a woman and the daughter of her husband (i.e. a woman and her stepdaughter),[16] and with a woman and a girl who knows the meaning of cohabitation[17] but will not yield herself to cohabitation.[18]

Mishnah Kiddushin 82a

A bachelor should not accustom himself to being a teacher of small children, and a woman should not accustom herself to being a teacher of small children.

Gemara:

QUESTION: What is the reason why a bachelor may not be a teacher of young children?

ANSWER: Because of the children's mothers. And a woman should not be a teacher because of the children's fathers.[19]

Mishnah Kiddushin 82a

Anyone whose business is with women (Asoko Im Hanoshim), i.e., whose trade provides for the needs of women, may not be alone even with many women.[20]

2. Talmud Sanhedrin 21a

[This piece of Gemara previously dealt with details of the act of Amnon and Tamar (Shmuel II, ch. 13ff.). Following this incident King David and his Beth Din made a rabbinic decree forbidding Yichud even with an unmarried woman.]

Rav Yehudah said in the name of Rav: At that time (of Amnon and Tamar) they instituted a rabbinic decree against seclusion with a married woman and with an unmarried woman. (The Gemara asks): But seclusion with a married woman is Biblically prohibited, not just forbidden by rabbinic decree! For R. Yochanan said in the name of R. Shimon ben Yohotzadak: Where is there an allusion in the Torah to the prohibition of seclusion with a woman who is an ervah? For it is stated: If your brother, the son of your mother shall instigate you in private saying, "Let us go and serve another deity." Now, is it only a brother who is the son of your mother who is likely to instigate you to idolatry, whereas a brother who is the son of your father is not likely to instigate you? Rather, this tells you that a son may seclude himself with his mother, but no other person may seclude himself with any ervah mentioned in the Torah. [Since seclusion with an ervah is forbidden by Biblical law, as R. Yochanan asserts based on this verse, how can Rav Yehudah have said in the name of Rav that King David's court decreed this prohibition in the aftermath of the incident of Tamar?] The Gemara answers — Rather, say that Rav actually said the following: At that time, the rabbis instituted a rabbinic decree prohibiting seclusion with an unmarried woman, which had not been prohibited under Biblical law.[21]

3. Talmud Avodah Zarah 36b

[The Gemara discusses the prohibition of a relationship between a Jewish man and an idolatress. It states that the disciples of Shammai and Hillel came and decreed that the Yichud of a Jewish man with an idolatress is forbidden].

The Gemara asks:

Regarding seclusion, the court of King David already instituted a decree, for Rav Yehudah said that at that time (of the incident of Amnon and Tamar), they decreed against the seclusion of a man with a woman. Why, then, would the disciples of Shammai and Hillel — who lived much later — have to prohibit seclusion with an idolatress?

The Gemara answers:

They said: There the decree of King David's court prohibited seclusion with a Jewess but seclusion with an idolatress was not prohibited. And they, the disciples of Shammai and Hillel, came and decreed even regarding seclusion with an idolatress.

The Gemara asks:

But seclusion with a Jewess is prohibited according to Biblical law, for R. Yochanan said in the name of R. Shimon ben Yohotzadak: Where is there an allusion in the Torah to the prohibition against seclusion of a man with a woman? For it is stated, If your brother...etc.

(The Gemara answers):

The Biblical prohibition against seclusion refers to seclusion with the wife of another man, or with any other woman who is an ervah. And King David came and decreed even regarding seclusion with an unmarried woman, which had not been prohibited previously. And the disciples from Beis Shammai and Beis Hillel came and decreed against seclusion with an idolatress.

4. Talmud Megillah 14a

[The Talmud dwells on the topic of the prophetess Devorah.]

"And she sat under a palm tree" (Shoftim 4:5). Why did Devorah choose to judge Israel while sitting under a palm tree, rather than under a different species of tree?[22] R. Shimon ben Avshalom said: Because Devorah was careful not to transgress the prohibition against Yichud. She therefore chose a palm tree, whose branches are very high, so that she and others with her would be clearly visible.

The Historical Development of the Prohibition of Yichud

What is clear from the above sources is that the Torah forbids Yichud with an ervah. Later in the times of King David, the prohibition of Yichud was extended to include Yichud with an unmarried woman. Still later, in the times of Beis Shammai and Beis Hillel, the prohibition was extended to include a non-Jewish woman. Thus the prohibition of Yichud has seen a historical development, which today for all practical purposes prohibits Yichud with any woman, whether she is married or not, Jewish or non-Jewish.

Exceptions to the Rule

What is also clear from the above source material is that there are a number of exceptions to the rule of Yichud. We have seen the terms Baaloh B'ir, Ishto Meshamroso, Shomer and Pesach Posuach, the halachos of which will be discussed in the further chapters.

We have also seen that some people are more susceptible than others to the prohibition of Yichud, such as those in the categories of Parutz, Asoko Im Hanoshim, and Libo Gas Boh. Therefore, when one studies the halachos of Yichud, one must be aware that there may be exceptions to the rule for these categories of people.

   

Notes:

1. (Back to text) See Rashi, Meiri and Ritva Kiddushin 80b for various explanations of this halachah.

2. (Back to text) It would appear from Sanhedrin 21b and Avodah Zarah 36b (as quoted later) that this is a true Scriptural derivation, and that the prohibition of Yichud is therefore Biblical. This is the view of most Rishonim — see Otzar HaPoskim 22:1. However, Rambam (Issurei Biah 22:2) implies that Yichud is only a rabbinic prohibition and that this allusion is only an asmachta, a form of Scriptural support for the rabbinic law.

3. (Back to text) Devarim 13:7. The verse there discusses the crime of a maisis — a person who influences another to serve idols.

4. (Back to text) An ervah (plural — arayos) is a woman prohibited to a man by reason of close kinship or marriage. See Vayikra Ch. 18 for a list of these women. A conjugal relationship with some of these women (e.g. a sister or an aunt) is punishable by kares (excision), while a conjugal relationship with others (e.g. a mother, daughter or married woman) is punishable by death. (This is subject to being cautioned by two witnesses, and being brought to trial before a Sanhedrin.) Seclusion with any of these women is also forbidden with the exception of a mother, sister or daughter.

5. (Back to text) After dining in the upper story of Rav Yosef's house, Rav Yosef and his wife descended through a skylight down a ladder to the lower level of the house. Before Rav Yosef left the house, he ordered that the ladder be removed from the skylight, thus preventing Rav Bivi from going down and being alone with Rav Yosef's wife, which would constitute a violation of the prohibition of Yichud — Rashi.

6. (Back to text) Apparently, Rav Yosef was remaining in town. Therefore, why did he insist that the ladder be removed?

7. (Back to text) It is therefore clear that the heter of Baaloh B'ir does not apply in the case of Libo Gas Boh. Hence, where a familiar relationship prevails, the presence of the husband in town does not serve as a deterrent.

8. (Back to text) Whenever men and women assembled, for example, at a lecture or a wedding, Abaye would set up a partition of jugs between them so that if anyone attempted to pass from the men's section to the women's section or vice-versa, the jugs would rattle and alert everyone — Rashi.

9. (Back to text) If anyone passed through the partition, the reeds would rustle, alerting everyone to the fact — Rashi.

10. (Back to text) Since people dress in attractive clothing, indulge in eating and drinking, and have more idle time on Yom Tov, it is more likely for them to be tempted to commit transgressions — Aruch. Moreover, on Yom Tov men and women usually congregate to listen to lectures, which results in mingling after the lecture and could lead to a transgression of the laws of Yichud. This is the source for the practice of some to fast on Bahab, Monday, Thursday and Monday following Pesach and Succos — Tosfos. See Alter Rebbe's Shulchan Aruch sec. 492.

11. (Back to text) That is, from time to time a man may be alone with his sister, but he may not dwell alone with her in a house on a regular basis — Rashi.

12. (Back to text) That is, he may dwell alone with them even on a regular basis.

13. (Back to text) This refers to being secluded with the wives of two brothers. These women tend to dislike each other, because each realizes that upon the death of her husband or brother-in-law, the surviving brother may perform yibum (levirate marriage) and she and her sister-in-law will become co-wives. Thus, they have the same animosity toward one another as co-wives. Accordingly, they will not cover up for each other if one of them sins in the other's presence, and it is therefore permitted for a man to be secluded together with them — Rashi.

14. (Back to text) Each co-wife hates the other for usurping her husband's affections — Rashi.

15. (Back to text) A mother-in-law harbors hatred for her daughter-in-law, because she feels this younger woman will consume her hard-earned possessions when her son inherits from her — Rashi.

16. (Back to text) A stepdaughter hates her stepmother for assuming her mother's position and benefiting from her mother's hard work — Rashi.

17. (Back to text) This refers to a child who is old enough to realize that she has witnessed an intimate relationship, and who will relate what she has seen to others — Rashi.

18. (Back to text) This refers to a girl who cannot be seduced, for she is young and does not yet have any desire for relations. Her presence therefore acts as a deterrent to prevent the man and woman from sinning — Rashi. This passage is the source for a child's being an effective shomer. Although Rava chose the example of a girl, the same applies to a boy. The exact age of qualification is discussed in chapter 5.

19. (Back to text) It is customary for parents to bring their small children to school. Accordingly, a bachelor teacher will be in constant contact with the mothers — Rashi. A woman may become secluded with their fathers. The Poskim note that there is a difference as to whether the children are being taught privately at the home of the teacher or in a school — see end of ch. 8.

20. (Back to text) Although the previous Mishnah only prohibits being alone with two women, someone whose trade brings him into contact with women is prohibited from secluding himself with even more than two women. The reason is that, due to their friendliness with him, they will tend to cover up for him and refrain from relating his misdeeds to others — Rashi.

21. (Back to text) It is clear from this passage that Yichud with an ervah is prohibited Biblically, whereas Yichud with an unmarried woman is only forbidden rabbinically. Technically, an unmarried woman who is a niddah is also classified as an ervah, and therefore for all practical purposes, no distinction is made between married and unmarried women. See Nishmas Avrohom, Even HoEzer 22:3.

22. (Back to text) By identifying the palm tree as the site where Devorah judged, Scripture fails to pinpoint her whereabouts, since Eretz Yisroel is blessed with many palm trees. The Gemara therefore inquires why Scripture mentioned this particular species — Maharsha.