Rabbi Chaim Frances & Rabbi Yitzchak Elefant Question: An employee regularly stays late at the office to meet project deadlines. Over time, he observed that he is often the only male present, with just a few female colleagues also remaining. At what point does this situation raise concerns of Yichud, and what practical steps should be taken to address it in accordance with halachic guidelines? Answer: To address the question, we first must determine whether this is a scenario of Yichud, we can then address some of the practical solutions. 1] If there is one man and only 1 or 2 women present this would constitute Yichud[1]. If there is one man and 3 women present, one should still act stringently, however, as long as they are all[2] not leeboi gas buh (see section 6 for a classification of when a relationship is considered leboi gas buh) in cases of necessity it would not constitute Yichud[3]. Generally, if two men are present, the situation is not considered yichud[4]. However, if the men are porutzim, the prohibition of yichud applies regardless of their number (see footnote[5]). 2] If the situation does constitute Yichud, it may be permissible if one of several halachic exemptions (heterim) applies. The heter of yotzei v’nichnas (intermittent entry)[6]. It is a scenario of Pesach Pesuach (an open or accessible door). The heter of baalah ba’ir (the woman’s husband being present in the same city). 3] The heter of yotzei v’nichnas applies when there is a reasonable likelihood that someone may enter the room or office at any time—such as another employee returning to retrieve materials or finish work. The fear of someone walking in creates a natural deterrent, thereby removing the Yichud concern (however, this only serves as a valid heter if the individual who may enter would resolve the Yichud problem—such as another male or a third female[7]) This heter applies even in a case where there is a libo gas bah relationship amongst the parties[8]. 4] If no one is expected to enter, the heter of pesach pasuach[9] may still be relevant. This principal —literally “an open door”—means that the concern of being seen can deter inappropriate behavior, even without an actual person entering. However, there is significant debate among the Poskim about the parameters of this heter. According to the strictest opinion [10] it only applies if the door is physically open and faces a public area where people can see inside. If the door is closed, or if the location is one where people generally do not pass by, the heter would not apply. Therefore, in our scenario, for the Heter to apply, there must be other individuals who regularly occupy the building and have a direct line of sight into the office .A more lenient opinion[11] that even a closed but unlocked door is sufficient[12]. The reasoning is that the fear of someone walking in serves as a sufficient deterrent. There is a debate on how to understand the more lenient opinion regarding how likely it must be for someone to walk in for this heter to apply. Some[13] maintain that it must be common for people to enter homes or offices without explicit permission; otherwise, the deterrent factor is minimal. Others are more lenient and rule that as long as an […] | Read More The Yeshiva World



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