The Laws of Yichud
It is forbidden for a man above the age of mitzvot to be secluded with a woman aged three or older, and likewise it is forbidden for a woman above the age of mitzvot to be secluded with a male aged nine or older, even if both are extremely elderly, in a situation where no other person can enter from outside.
Relatives with whom yichud is forbidden or permitted
The prohibition of yichud also applies to relatives. Therefore one may not be secluded with uncles or aunts, cousins, nephews or nieces, brothers-in-law or sisters-in-law, father-in-law or mother-in-law, sons-in-law or daughters-in-law.
However, a man may be secluded with his wife, and also with his mother, grandmother, great-grandmother and upward, and with his daughter, granddaughter, great-granddaughter and downward. Likewise, a woman may be secluded with her husband, and with her father, grandfather and upward, and with her son, grandson, great-grandson and downward.
A brother may be secluded with his sister for up to thirty days.
The laws of one man with several women, and one woman with several men
One man with several women:
According to Sephardic practice, one man may not be secluded even with many women, even if the women are related to one another, and even if all those involved are observant.
According to Ashkenazic practice, in pressing circumstances one may be lenient and allow one observant man to be secluded during the day with three or more women. At night, meaning from the time people usually go to sleep, and on side roads where no person or vehicle passes every ten minutes, this is permitted only with four or more women.
A short nighttime yichud, when there is no concern that one of the women will fall asleep, has the same status as yichud by day.
These leniencies apply even if the women are immodest. However, if the man is immodest, or if his occupation involves women, he may not rely on this even in pressing circumstances.
An immodest man is one who secludes himself with women, or one who is exposed to immodest women through newspapers or unfiltered devices.
A person whose occupation involves women includes, for example, a gynecologist, a women’s clothing tailor, a seller of women’s clothing or jewelry, or someone who works in a field designated for women. At times, even an office manager whose employees are women may be included. However, a grocery seller or a seller in a store intended for both men and women is not considered such a person.
One woman with several men:
According to Sephardic practice, one woman may not be secluded even with many men, even if the men are relatives. In great pressing need, Sephardim may be lenient like Ashkenazim, as follows.
According to Ashkenazic practice, one woman may be secluded during the day with two or more observant men. At night, meaning from the time people usually go to sleep, and on side roads where no person or vehicle passes every ten minutes, she may be secluded with three or more men, even if some or all of them are asleep.
A short nighttime yichud, when there is no concern that one of the men will fall asleep, has the same status as yichud by day.
These leniencies apply even if the woman is immodest or non-Jewish, and even if the men’s occupation involves women, such as sellers of women’s clothing. But if the men are immodest, meaning they are not careful to avoid seclusion with women or are exposed to immodest women through newspapers or unfiltered devices, seclusion with them is forbidden.
When one man is observant and one is immodest, in pressing circumstances one may rely on the authorities who permit one woman to be secluded with them.
Two men with two women:
According to Sephardic practice, this is forbidden; however, in great pressing need one may be lenient like Ashkenazim.
According to Ashkenazic practice, it has the status of one woman with two men, which is permitted only during the day, not at night or on side roads, and only if the men are observant and not immodest.
Three or more men with three or more women:
Three or more observant men may be secluded with three or more observant women, both according to Sephardic and Ashkenazic practice. This applies even at night and on side roads. In need, one may be lenient even if those involved are immodest.
Situations that permit yichud
There are several situations in which even one man may be secluded with one woman:
Her husband is in the city:
A man may be secluded with a woman when her husband is in the same city, even if he does not know where she is, provided that he is not overly familiar with her, meaning that ordinarily their interaction does not go beyond practical conversation.
This leniency applies by day, at night, and on side roads. It also applies even if those involved are immodest, or if the man’s occupation involves women.
If the man is a non-Jew, seclusion is permitted only when there is no concern of coercion, such as where, if she screams, neighbors will hear her.
His wife is with him:
A man may be secluded with a woman when his wife is in the same house, even if she is in another room and even if she is asleep.
This applies by day and by night, even if the man and woman are immodest, and even if he is overly familiar with her.
A guardian:
General rules of the guardian leniency
A man may be secluded with a woman when a guardian is present with them. During the day one guardian suffices; at night, from the time such guardians usually go to sleep, two guardians are required.
A guardian is a boy or girl old enough to report what they saw and young enough not to give themselves over to wrongdoing, generally ages five to ten; a married couple; a daughter-in-law and mother-in-law or two sisters-in-law; a woman whose husband is in the city, provided there is no over-familiarity; the mother, grandmother, daughter or granddaughter of the man; or the father, grandfather, son or grandson of the woman.
The guardian leniency applies even if the guardian is immodest, provided the secluded man or woman is not immodest, and even if the guardian is overly familiar with the woman.
It also applies if the guardian is asleep, and even if the guardian is not present continuously but goes out and comes in, when it is unknown when he will return and he can return at any moment, provided he knows that he is serving as a guardian.
Two guardians at night:
At night one guardian is insufficient; two are required. Night for this purpose begins at the time these guardians usually go to sleep.
Therefore, if the guardian is a child aged five to ten, once children of that age usually go to sleep, two children are needed, and they prevent yichud even if both are asleep.
Likewise, if a man is secluded with a woman whose son is with her and is considered a guardian, or if another woman whose husband is in the city is present and is considered a guardian, an additional guardian is needed at night.
A married couple is considered two guardians and prevents yichud even at night.
In pressing circumstances one may be lenient that a daughter-in-law and mother-in-law, or two sisters-in-law, are considered two guardians. Likewise, a son and his mother, or a daughter and her father, may be considered two guardians in pressing circumstances.
Which relatives count as guardians:
Two sisters-in-law count in all forms: a woman and her husband’s sister; a woman and her brother’s wife, included in the Sages’ allowance of “a woman and her mother-in-law’s daughter”; and two women married to two brothers, included in “two yevamot,” although yibbum is not practiced today.
Some say that just as a daughter guards her father and a father guards his daughter, so too a brother guards his sister and a sister guards her brother; in need one may be lenient.
Some are lenient that the secluded woman’s daughter, mother or sister, and the secluded man’s son, father or brother, count as guardians. Most poskim did not mention this leniency, so one should not rely on it without additional grounds. However, a father and son or two brothers count as two men, with whom Ashkenazim may permit seclusion during the day, as above.
An opening to the public domain:
This leniency applies even if the man and woman are immodest. If, however, there is over-familiarity between them, the poskim dispute whether it helps; in need one may be lenient.
One must distinguish whether the door is actually open or merely unlocked.
A man may be secluded with a woman in a place with an open entrance to the public domain, such as a door left open, even by leaving the latch out, opening to the street or even to a stairwell, when people can enter, specifically at hours when there is traffic and people may enter.
If the door is closed but unlocked and can be opened from outside, the poskim dispute the matter; in practice one may be lenient if someone may genuinely enter, depending on the circumstances.
If the door is locked, seclusion is permitted only if someone has a key and can enter, and he actually sometimes enters at such hours.
Late at night, when there is no traffic at all, seclusion is forbidden even if the entrance is open. In pressing circumstances one may be lenient if the front door is wide open and the rooms are lit.
If neighbors opposite can see what is happening in the place of seclusion, meaning the room is lit and the windows are open or transparent, there is no prohibition of yichud even if the door is closed.
Yichud in a taxi or bus
A woman may travel with a male driver in a car, taxi or bus, even if no one else is in the vehicle, if vehicles pass on that road every ten minutes. If the windows are opaque, one must ensure that the inside can be seen through them.
If vehicles do not pass every ten minutes, it is forbidden due to yichud unless two guardians travel with them, such as two children aged five to ten, a married couple, a daughter-in-law and mother-in-law, or two sisters-in-law.
It should be noted that according to the laws of modesty, a woman should not regularly travel with a specific man, even where there is no concern of yichud.
Yichud in an office
If another person has a key and can enter at any moment without the door being opened from inside, seclusion is permitted, provided it is realistic that he will enter.
If other employees are not expected to arrive, or are not accustomed to entering without permission, the door should be left slightly open.
If the office door opens by code or fingerprint, seclusion is forbidden unless employees who know the code are expected, or there are several men and women in the office according to the rules above.
If the woman’s husband is in the city and there is no over-familiarity between her and the man, seclusion with her, and even with additional women, is permitted, since she is considered a guardian.
If the office walls are transparent, or the windows are open so the inside can be seen, there is no concern of yichud.
Yichud in a clinic
The prohibition of yichud in a clinic depends on whether the clinic’s main door and the doctor’s room door are locked, closed, or open.
If both the main door of the clinic and the doctor’s room door are slightly open, there is no prohibition of yichud.
If the clinic’s main door is closed but not locked, and people occasionally enter the clinic, and in addition the doctor’s room door is closed but not locked, and a secretary or staff members sometimes enter, there is no prohibition of yichud.
If no one enters from time to time, one should not initially be lenient, and solutions should be used to prevent yichud.
If the clinic’s main door is locked but the doctor’s room door is not locked, then if there are several men and women in the clinic there is no prohibition, according to the above details.
If the main door is locked or the doctor’s room door is locked, even if the main door is not locked, there is concern of yichud in the locked area, and one must use one of the following solutions, depending on whether the patient is a woman with a male doctor or a man with a female doctor.
If the patient is a woman and the doctor is a man, there are four solutions:
A. Another employee should have a key and be able to enter at any moment without the door being opened from inside, provided it is realistic that he will enter.
B. If the patient’s husband is in the city, she may be secluded with the doctor, provided he is not her regular doctor and there is no over-familiarity between them.
C. If her sister-in-law, daughter-in-law or mother-in-law is also there, or another woman whose husband is in the city, or another woman with her father, there is no prohibition.
D. If a boy or girl aged five to ten is there, and if it is her son even above age ten, there is no prohibition.
If the patient is a man and the doctor is a woman, there are five solutions:
A. Another employee should have a key and be able to enter at any moment without the door being opened from inside, provided it is realistic that he will enter.
B. His wife should be with him.
C. A boy or girl aged five to ten should be there.
D. He should bring his daughter, mother or sister aged five or older.
E. According to Ashkenazim, it is enough for another observant male aged five or older to be there.
Yichud in an elevator
If the elevator can be opened on every floor by someone pressing the button from outside, as is common in office buildings, there is no concern of yichud.
If it cannot be opened from outside on every floor, seclusion is permitted only if the stay in the elevator will not exceed half a minute; in need one may be lenient up to two minutes.
Yichud with a babysitter
When a babysitter watches a boy over age nine, there is a prohibition of yichud. Several solutions exist:
A. Another boy or girl aged five to ten should be present, which is considered guarding by a minor.
However, from the time one of the children normally goes to sleep, additional guarding is required even if everyone is actually still awake. This can be another minor, a boy or girl aged five to ten, in which case yichud is permitted even if everyone is asleep.
B. If the additional person present is a boy aged nine or older, even if he is not a guardian because of his age, Ashkenazim permit due to the presence of two males, provided they are considered observant. This does not apply for Sephardim.
C. If there are three boys and three girls present, all above age five, there is no prohibition; in need one may be lenient even with two boys and three girls. This leniency requires no additional nighttime guarding.
D. Ashkenazim may be lenient in need even with one boy and three girls, all above age five, but when those present normally go to sleep, additional guarding is needed, such as another girl.
E. If there is no leniency based on those present, one may use the leniency of an opening to the public domain, practically meaning that the apartment door should be slightly open in a way that it is visibly open, such as by leaving the latch out.
If those secluded are together in one room, that room’s door must also be open as above.
This leniency does not depend on the time the people present usually go to sleep, but it applies only until the hour when there are no longer passersby in that place.
F. Sometimes there is an additional leniency of “going out and coming in”: someone has access to the apartment and is expected to enter during the yichud without advance notice, such as a household member who is outside and is expected back, but the time is unknown.
When necessary, one may ask a specific person to serve in this role by giving a neighbor a key and asking him to enter the apartment during the yichud several times, in an unspecified and unpredictable manner. One must ensure that he actually enters; the mere ability to enter is not enough.
