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Preface:
The Purpose Of This Book

Foreword:
The Source Works for this Volume

Introduction:
The Proper Perspective on Yichud

Source Material:
Gaining The Necessary Background To Understand The Laws

Yichud — What, Where And With Whom

An Open Door — "Pesach Posuach"

"Ishto Meshamroso" — His Wife Guards Him

Common Yichud Situations

Transportation

Yichud At Work

Babysitting

Medical Personnel

Being Careful About Yichud

Inspiration

Glossary

The Laws of Yichud
Permissibility and Prohibition Regarding the Seclusion of a Man and Woman

Chapter 7
Transportation

by: Rabbi N. D. Dubov

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  Common Yichud SituationsYichud At Work  

Cars

149. It is permitted for a man[260] and a woman to travel alone together in a car as long as the following conditions are met:

  1. The car has clear (not opaque or tinted[261]) windows that allow passersby or the passengers in a passing car to see inside the car.[262] This would be equivalent to a Pesach Posuach which serves to permit Yichud.[263]

  2. They are traveling only during daylight hours in a place where there are passersby who can clearly see inside the car, or during the evening where there is street lighting and a constant stream of pedestrians or traffic.[264] However, if they are in a place where there are neither pedestrians nor traffic, then a man should not travel alone with a woman in a car — not even by day. For example, it would be prohibited to take a ride in a quiet country spot where there are no pedestrians or steady stream of traffic.

  3. During the evening, even if there are few pedestrians but the streets are well-lit and there is a steady stream of traffic, one may be lenient. However, where there is no stream of traffic, even if the streets are well-lit, one should be stringent. Therefore, very late at night when there is no traffic, a woman should not travel alone with a man even if there is street lighting. If once in a while[265] there is another car passing, one may be lenient if necessary as long as the streets are well-lit. However, on side roads where there is no traffic at all, one must be stringent even if the roads are well-lit.[266] Since the number of passersby, traffic flow and street lighting vary from place to place, one should always consult a Rav in case of doubt.

150. Let us consider a case in which there are more than two people of different genders in a car, and they are traveling in a place where there are neither passersby nor a steady stream of traffic, which would create a problem of Yichud. The halachah is as follows:

  1. one woman riding with two men is permitted both during the day and at night, (however, lechatchilah one should have three men), and

  2. one man riding with three or more women is permitted both during the day and at night.[267]

However, it would be prohibited for a man to travel with two women in a place where there are neither passersby nor a steady stream of traffic.

151. Even if there is no question of Yichud, if a man and a woman are traveling alone, it is correct that the woman sit in the rear if the man is driving (or vice versa) for tznius considerations. Furthermore, they should not engage in prolonged conversation.[268]

152. Wherever possible, a man should avoid traveling alone with a woman in a car, even during the day and even if there are passersby, for tznius considerations.[269]

Public Transportation

153. One may travel on public transportation even at night as long as there are passersby.[270]

154. On a bus that travels through areas where there are neither passersby nor a steady stream of traffic, there must be the presence of at least one man with three women or one woman with two men in order to permit Yichud.[271]

155. Let us examine the case of a woman traveling in a bus or taxi together with other people, and in the course of the trip she is left alone on the bus together with the driver. If they are in a place where there are neither passersby nor a steady stream of traffic — as above — then she is obligated to leave the bus or taxi. However, if this could be dangerous, she may continue her trip.[272]

156. On an underground subway train that has connecting doors from one car to the next, there is no question of Yichud since there is a Pesach Posuach. However, late at night when there are very few people on the train, it would be advisable both for reasons of tznius and safety that riders change cars to a place where there are other people.

School Buses

157. Girls may travel to and from school in a school bus driven by a male driver.

158. This applies even if the first girl picked up and the last girl to be dropped off are alone on the bus with the driver. The reason is that the windows on the bus act as a Pesach Posuach and there are passers by.[273]

159. Schools that arrange trips for students should be well aware of the Yichud issue. They should not rent a bus with a non-Jewish driver to take a group of girls to a place where there may be a question of Yichud. It would be correct for another man, such as the school principal, to travel with them.[274]

Taxis

160. A woman who urgently needs to travel at night with a taxi should preferably be accompanied by her husband or other shomrim. If this is not possible, she may travel in a taxi as long as the taxi belongs to a reputable company in the city, the roads are well-lit, and there is a steady stream of traffic on the road.[275]

161. A woman may not take a taxi through a deserted area where there are neither passersby nor a steady stream of traffic. However, in difficult circumstances three women may be permitted to take a taxi through such areas (even if the driver is not Jewish) as long as the taxi is from a reputable company.[276]

162. After weddings or other women's social events or shiurim which finish late at night, adequate arrangements must be made for the women return home with no question of Yichud. It is best that the women arrange rides among themselves, or at least that they order a taxi with a female driver. Where this is not possible, three women should take a taxi together. Where even this is not possible, a woman may order a taxi as long as it is from a reputable company, the roads are well-lit, and there is other traffic on the road. However, a woman may not take a taxi alone at a time when there is no traffic.

163. Great care must be taken when traveling between bungalow colonies or out in the country. In general, the country roads are poorly lit and are quite deserted at night. A woman who visits her friend in the next colony may not return alone with a male driver. In such a case the woman may be permitted to return home either

  1. together with two other women[277] or

  2. with a single shomer,

as long as the taxi is from a reputable company.[278]

164. A woman who needs to take a taxi to visit a mikveh should preferably travel together with her husband. If this is not possible, she is allowed to take a taxi alone as long as the drive is through well-lit streets and at a time when there is still traffic on the road. However if there is no traffic, then she must take along another shomer. The best alternative is for her to order a female taxi driver. It is important that a woman not neglect the Yichud issue in an effort to conceal her visit to a mikveh.[279]

165. In general, whenever possible it is preferable that a woman request a female taxi driver.[280]

166. It is preferable whenever possible to ride in a taxi that has a dividing window between the driver and the passenger.[281]

   

Notes:

  1. (Back to text) The following halachah would also apply to traveling with a non-Jewish man or a parutz — see Shearim Hametzuyanim Behalachah 152:3. However, wherever possible a woman should avoid traveling alone with a non-Jew or a parutz during the day and most certainly at night — Minchas Ish 17:4.

  2. (Back to text) If the car has tinted windows but a clear windshield, this would constitute a Pesach Posuach as long as the man and woman are visible through the windshield. Even if a man and woman were being driven by a driver, and the man and woman were sitting in the rear of the vehicle which had tinted windows, and the driver were visible through the windshield, this would not constitute Yichud since the driver could see what is happening in the rear. And even if the rear compartment is partitioned off, but the driver can see what is happening in the rear through a small window, this would not constitute Yichud (provided that the driver is not a parutz). However, in a stretch limousine or van with tinted windows whose rear compartment is detached from the driver's compartment by a division which is not usually opened except by the passenger, sitting in the rear would constitute Yichud. See Minchas Ish 17:5,6.

  3. (Back to text) In a van which does not have windows in the rear, the man and woman should sit in the front so as to be clearly visible through the windshield. Dvar Halachah 15:15.

  4. (Back to text) Shevet Halevi, Vol. 5:202:5; Taharas Yomtov, Vol. 7 p. 57.

  5. (Back to text) Shevet Halevi, ibid.; Otzar HaPoskim 22:35:8; Minchas Shlomo 91:21; Divrei Sofrim Yichud p. 39; Toras HaYichud 5:6.

  6. (Back to text) It is difficult to establish a definite time standard concerning the frequency of traffic necessary in order to permit Yichud. Toras HaYichud 5:6 writes that one car passing on the average of every ten minutes would serve to permit Yichud.

  7. (Back to text) Nitei Gavriel 43:5. Some Poskim (Nitei Gavriel 43:6 quoting the Shevet Halevi) rely on street lighting and passersby to create a Pesach Posuach at night, but only in a case of a Yichud midrabonon, i.e., Yichud with more than one person. However, these poskim are stringent in the case of just one man and one woman, even if there are passersby and the roads are well-lit.

  8. (Back to text) Tzitz Eliezer Vol. 6:40:15:8; Minchas Ish 17:8. Nitei Gavriel 43:10 only permits one woman riding with two men in difficult circumstances, but he says that lechatchilah one should have the presence of three men to permit Yichud. Minchas Ish 17:23 agrees that if the journey is out of town on a quiet and deserted road, then one should lechatchilah have the presence of one woman with three men to permit Yichud.

    It should be noted that according to the Sefardim these combinations would be prohibited. The only combination permitted would be three men with three women or, in difficult circumstances, two men with two women. (Out of town on a deserted road, two men and two women would not be enough, and only the presence of three men and three women would serve to permit Yichud) — Minchas Ish, ibid.

    In a place where there are no passersby or stream of traffic such that there is a Yichud problem, a woman may not travel alone in a car with a man even in the case of Baaloh B'ir. However, some Poskim are lenient in this case, especially if the husband knows who the driver is — Minchas Ish 17:12.

  9. (Back to text) Shevet Halevi Vol. 10:237; Halichos Bas Yisroel Ch. 7.

  10. (Back to text) Mishneh Halachos Vol. 6:228, Nitei Gavriel 43:2. It should be noted that in the opinion of R. Moshe Feinstein zt'l in Igros Moshe, Even HoEzer Vol. 4:65:3, a man is in the first instance (lechatchilah) prohibited from traveling alone in a car with a woman. He is only lenient in a difficult situation, e.g. a woman who is stranded and requires a lift. This stringent view is based on the fact that a car is by definition mobile and could at any moment be driven to a secluded spot. Although the windows are a Pesach Posuach, this does not prevent a person from driving the car to a fully secluded spot. Hence in the opinion of R. Moshe, a woman should not in the first instance (lechatchilah) be alone in a car with a man. Although other Poskim are more lenient, it is certainly praiseworthy to be stringent wherever possible.

  11. (Back to text) See Dvar Halachah 3:16:35. As regards travel on a small airplane or helicopter and the question of Yichud, see Nitei Gavriel 44:16; Minchas Ish 17:24.

  12. (Back to text) Minchas Ish 17:14. Therefore, two women may not travel on such a bus if there is nobody else on the bus apart from the driver. (Sefardim would only permit this form of Yichud in the presence of three men and three women, and even if there were one man and ten women on the bus it would be prohibited. This should be taken into account if Sefardic women wish to arrange a trip to the countryside with a male driver. Such a trip would be prohibited for them unless one of the women's husbands were present.)

    It should be noted that if the driver is a parutz or a non-Jew, then Yichud would be forbidden even in the presence of many women. Therefore, a group of women or girls should not rent a bus which has a non-Jewish driver to go on an outing to a place where there may be a question of Yichud. This is often the case on school trips when students visit locations in the country that are quite deserted. Those who organize the trips should be well aware of the Yichud issue. They must make sure either that the bus only goes to areas that have passersby or a steady stream of traffic, or that another shomer is present.

  13. (Back to text) Ezer Mekodesh 22:5; Tzitz Eliezer Vol. 7:42; Nitei Gavriel 44:10.

  14. (Back to text) Furthermore, the buses are usually hired from reputable companies who screen their drivers for a police record. Therefore the driver would not wish to do anything that could cause him to lose his license. See Igros Moshe, Yoreh Deah Vol. 2:82. However, if the bus makes a pickup in a place where there are no passersby or steady stream of traffic, then this would pose a question of Yichud and a Rav should be consulted.

  15. (Back to text) Alternatively, the group could take along two children from the age of six until nine who would act as shomrim. Nitei Gavriel 44:12 states that if the girls are accompanied by a non-Jewish woman, then she would serve to permit Yichud. Therefore, one suggestion might be to take along a non-Jewish member of the school staff. Furthermore, if a number of buses are traveling and they have radio contact between them, then it is not necessary for each bus to have a man present; one man would suffice for all the buses — Nitei Gavriel 44:13; Minchas Ish 17:21.

    Girls often like to sing on a bus, and therefore the principal might not wish to accompany them on the bus. An alternative suggestion might be that he follow the bus with his car so that he accompanies the bus wherever it goes. See Nitei Gavriel 44:13.

  16. (Back to text) Igros Moshe, Yoreh Deah Vol. 2:82; Nitei Gavriel 44:6. One of the reasons for allowing this is that the driver is concerned about his profession and would not do anything by which he would lose his license. This is certainly the case with drivers who work for reputable companies. See also Nitei Gavriel 10:18.

  17. (Back to text) Nitei Gavriel 44:5; Minchas Ish 17:18. It is preferable that the light be left on inside the taxi.

  18. (Back to text) See Ch. 1 where we explain that out in the country four women are required in order for Yichud to be permitted. Here, however, the halachah would permit three women to travel together, along with the factor that the driver is from a reputable company and would not engage in behavior that would cause him to lose his license.

  19. (Back to text) Nitei Gavriel 44:6.

  20. (Back to text) See Igros Moshe, Yoreh Deah Vol. 2:82; Nitei Gavriel 44:6.

  21. (Back to text) Sefer HaSichos 5751, Parshas Noach, p. 87 fn. 116.

  22. (Back to text) Nitei Gavriel 43:8.


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