Parshas Re'eh 5785
- Torah Tavlin
- Aug 22
- 2 min read
Monetary, Interpersonal Laws and Din Torah (43)
Yichud. Gentile Driver. The Rashba rules (1) that the heter of "פתח פתוח" applies even by a gentile. Since the permissibility of yichud in a car is because of "פתח פתוח", it is permitted even with a gentile driver. Similarly, even if the two are familiar with each other, it is still permitted as many Poskim permit "לבו גס בה" with an open door, see Shevet Halevi (2).
Taxi with Partition. In cases of seclusion, where there is a definite issur yichud, one might think that a taxi with a partition is considered like two different domains, permitting yichud. However, many Poskim rule otherwise, that it is like one domain and does have an issur yichud, see Bnei Avraham (3).
Risk of Life. There is a debate among Poskim whether the issur of yichud is included in the category of Arayos (extreme immorality). If it is, as it sounds from Sefer Hachinuch (4), then one would be obligated to give his life away not to transgress. However, many Poskim rule that if there is no other way out, one need not risk his life and certainly not forfeit his life, to avoid the issur of yichud. The ongoing accepted psak is to be lenient and in the sefer of the Piskei Harav Elyashiv (5) it says that he agreed to this. This has relevance in the following cases.
Ambulance. If a lady has to be taken to a hospital to save her life, or for childbirth, there is usually no problem of yichud with the driver as explained, since others can see into the ambulance. Even if there is a problem due to the time and place [late at night, between-cities], one could send another man along which would remove the issur of yichud. If that is not possible, they could still travel together because of the danger to life.
Lost in a Dangerous Area. If an engaged couple, or another man and lady are driving in a car and find themselves lost on a deserted country road, they are not obligated to abandon each other, if there is any risk of life. The same is true when hikers become lost. Similarly, if they were on a boat and drifted to a secluded area of the lake, they do not need to jump off to avoid yichud. In these two cases, the man and lady must do Teshuva for being negligent and getting themselves into this yichud situation.