Women Visiting Male Doctors

226. In general, a man should try to visit a male doctor, and a woman, a female doctor. However, if no doctor of the same gender is available, it is permitted to be treated by a doctor of the opposite gender.[340]

A Visit to A Doctor's Office

227. Women should be made aware of the issue of Yichud when seeing a doctor. They must know the halachos of Yichud before the visit so that they may avert the serious prohibition of Yichud.[341]

228. A visit to a doctor's office may present a problem of Yichud and is only permitted under the following conditions:

1. the meeting takes place in a public office or clinic during office hours when there are people in the waiting room and members of staff (e.g. nurses and secretaries) at work, and

2. the door to the doctor's office is open slightly or closed but not locked, and other members of staff may enter at any time.[342]

Therefore, when making an appointment with the doctor, she should schedule it at a time when other members of staff will be present in the office.

229. As long as there are members of staff who may disturb the Yichud situation, then a woman may enter the doctor's office alone. Therefore in a doctor's office in which the doctor, a nurse and a secretary work, and the nurse or secretary may enter the doctor's examining room or private office at any moment, a woman may go into the room alone with the doctor as long as the door remains unlocked.[343]

230. If nobody usually enters, even a nurse, without permission, then a woman may not be alone with the doctor. She should request from the doctor that the door be left slightly open (if the door opens to a waiting room where other people are waiting or other staff members are present).[344] If another female nurse is present in the room, the door may be closed but not locked.[345]

231. If the door to the doctor's office is locked and nobody has permission to enter, then even if there are people in the waiting room, it is Yichud unless the door is left slightly open. However if there is a member of staff who has a key to the office and who has permission to enter at any time, then the seclusion may be permitted.[346] Furthermore, if the woman's husband has accompanied her to the office and is sitting in the waiting room, then there is no issue of Yichud.[347]

232. In the above situations, the Poskim discuss at length the permissibility of a woman entering a locked doctor's office in the event of Baaloh B'ir. Some Poskim are stringent.[348] Other Poskim are more lenient.[349] In practice, when necessary one may rely on the heter of Baaloh B'ir in this case.[350] However, she should request from the doctor that the door be left slightly open, or closed but unlocked.[351] Because there is a question among the Poskim in this case, it is certainly best that the woman be accompanied to the doctor's either by her husband, another shomer, or another woman friend.[352]

233. A woman should not be ashamed to raise the issue of Yichud with the doctor. She should make sure that:

1. the door will be left open, or closed but not locked; and

2. the staff members have permission to enter the doctor's office unannounced.

If staff members do not usually come in, she may request that a member of staff be with her in the office, or at least come in from time to time.[353]

234. All that has been said above about the question of Yichud when visiting a doctor applies just as well to a man who visits a female doctor. Therefore, he should only visit the doctor during office hours, and the door should be unlocked and staff be able to enter at any time.[354]

A Visit to the Doctor's Home or Private Rooms

235. If the visit is to a private office, e.g. seeing a consultant in his private rooms or at the doctor's home, and

1. nobody else is home, or

2. there is only one nurse or secretary sitting outside the office,

then there is a serious question of Yichud.[355]

236. In such a case a married woman should preferably be accompanied to the doctor's appointment by her husband.[356] If this is not possible, then she may rely on the heter of Baaloh B'ir[357] and she should request that the door be left unlocked.[358] However, it would be preferable[359] that she take with her other shomrim such as:

1. a child aged five to nine;

2. her father, mother, grandfather, grandmother, brother or son,

3. her mother-in-law, or

4. her stepdaughter.

Alternatively, she may be accompanied by another woman friend, and they should request that the door be left unlocked.[360]

237. If the woman is not married and no nurse is in attendance, and the doctor is in his private rooms or at home, then there is definitely a question of Yichud. It would also be questionable if the doctor were to leave the door of the home open, since even in that situation, no one would enter his private examination room unannounced for fear that they might disturb an examination in progress. In such a case, she should definitely be accompanied by a shomer or, alternatively, be accompanied by another woman who has the status of Baaloh B'ir.[361]

238. In the above case, if there is a single nurse or secretary present at the doctor's home or private rooms, then it would be permitted for a woman to take with her another woman friend (even unmarried). The Yichud situation would be allowed for this would constitute the permissible status of one man with three women.[362]

239. If the visit is to a private office in the doctor's home, and the doctor is a Jew, and his wife is at home, then there is no question of Yichud, as long as the doctor's wife could enter at any moment.[363] If the doctor is not Jewish, seclusion is prohibited even if his wife is at home.[364]

240. Some Poskim write that if members of the doctor's household are home and could enter at any time, or even if they are not at home but have a key to the home and they could enter whenever they wish — including entry into the doctor's office at home — then this would constitute a Pesach Posuach which would serve to permit Yichud.[365] This would not help, however if the door were locked from the inside with a latch, for then no one could enter without the door being opened from the inside.

Home Visitations

241. If a doctor or other man in the medical profession makes a home visit to a woman in her home, then the door should be left open.[366] If the door is shut, the visit is still permitted if her husband is in the city or if other family members have a key and they may enter at any time.[367]

A Hospital

242. One must also be aware of the Yichud issue in a hospital. If a patient is in an open ward, then there is usually no problem of Yichud because staff members are present day and night. However if a person is in a private room — and particularly in small private clinics — then a patient should always make sure that the door to his or her room is unlocked while being attended to by a nurse or doctor of the opposite gender.[368]

A Scan

243. Having a scan, if nobody else is present in the room apart from the patient and a member of staff, poses a question of Yichud. It may only be permitted when there are shomrim in a nearby room.[369]

An Ambulance

244. If a woman needs to travel to the hospital — either because she is sick or to give birth — it is preferable that she be accompanied by her husband or another shomer (such as a child shomer).[370] However, if nobody is available she may go in the ambulance alone.[371]

Pikuach Nefesh

245. The prohibition of Yichud is waived in the face of danger to life.[372] Therefore a woman in mortal danger may be treated by a male doctor even if they are in a Yichud situation, and vice versa. If possible the door should be left open to create a Pesach Posuach.

246. Therefore, if a Jewish male member of one of the emergency services (Police, Fire Department, ambulance or Hatzalah) is called upon to take care of a single woman, he should leave the front door open upon entering the house.

247. A female doctor or midwife may travel with another man in an emergency situation, even if they are in Yichud.

248. A social worker who is called out by a client of the opposite gender who is suicidal or who has taken an overdose may be in Yichud with the patient as long as the case poses a question of Pikuach Nefesh. If the social worker is called out for a problem which is at present not life-threatening but if not treated could become life-threatening, then Yichud is permitted. However, if the social worker is called out for a situation which is definitely not life-threatening (e.g. a mentally ill patient who is creating a disturbance in the middle of the night), then the social worker should be accompanied by a shomer.

The Sick

249. The prohibition of Yichud also applies to a patient who has been hospitalized, even if he or she is very sick. Only if it is a male patient who has been medically diagnosed as impotent may one be lenient. However, even in such a case one should be careful because of Maris Ayin.[373]

250. Yichud is prohibited with a woman who is in labor.[374]

Doctors and Their Staff

251. Jewish doctors, medical personnel and caregivers must be well aware of the Yichud issue.[375] It is highly commendable that Jewish medical professionals have a Yichud policy in their practice.[376]

252. A male doctor may not be alone with a female nurse before the office opens or after hours unless precautions are taken to prevent Yichud.

253. The same is true in a hospital setting, particularly late at night or in the early hours of the morning when the corridors of the hospital are very quiet, since in this case a closed but unlocked door of a room would not constitute a Pesach Posuach. The problem may be exacerbated by the fact that a medical team working closely together would be considered Libo Gas Boh. Therefore, a doctor and a nurse should not be alone in a room in a hospital late at night or very early in the morning unless the door to the room is literally open and there is a chance that someone may come in.

254. A male surgeon may not perform an operation when only a female nurse and the patient are present if the patient is heavily anesthetized. Likewise, in the same situation a female surgeon may not perform surgery when only a male nurse is present.

255. A Jewish nurse or medical secretary must be careful not to be locked in a room together with a doctor when other staff cannot enter. It is common that secretaries have much paperwork to do once patients have left the office. Secretaries must be careful not to remain in a situation where there could be Yichud.

Therapy / Counseling

256. It is best that a woman see a female therapist, and a man, a male therapist wherever possible. When there is no one else as qualified as a therapist of the opposite gender, then it is permitted to see that person as long as one of the aforementioned heterim of Yichud are in place. It should be noted that a woman who visits a therapist may not rely on the heter of Baaloh B'ir, since she develops a close relationship with the therapist and he is considered a Libo Gas Boh.[377]

257. A male therapist or counselor whose profession involves speaking to women privately — or vice versa — must be aware of the Yichud issue. This is certainly the case where one gives a home consultation. Before any consultation, adequate arrangements must be made to prevent Yichud.

Caregivers

258. A single man who is disabled and needs a caregiver should take a man as a caregiver and not a woman, even if he is very old.[378]

259. A disabled woman who needs care should only employ a female caregiver.

A Night Nurse

260. A single woman who works as a night nurse should consult a Rav if she has to care for an elderly or sick man through the night.

   

Notes:

340. (Back to text) And there is no question of Negiah — Darkei Teshuvah, Yoreh Deah 157:8. See Nishmas Avraham, Yoreh Deah 195. Shiurei Shevet Halevi 195 (p. 274) writes that although the Shach and other Poskim agree that a male doctor may examine a female, there is no blanket heter for a woman to go to a male doctor for no reason. She should certainly seek out a female doctor, even if she has to pay for it. Only when there is no female doctor available, or if the male doctor is more qualified or experienced than the female, may a woman see a male doctor. She should certainly not see a doctor who is a parutz, and she should minimize unnecessary visitation, such as a routine checkup during pregnancy. She should only visit the male doctor if there is a complication, or just before birth. See also Shevet Halevi Vol. 3:186, Vol. 4:167; Mishneh Halachos Vol. 7:233; Minchas Yitzchok Vol. 7:77; Toras HaYoledes Ch. 8:2:3; Halichos Bas Yisroel 7:10.

     Women who go to a doctor for a routine checkup should certainly request that a female doctor or nurse make any examinations. This is definitely the case with gynecological examinations. Baer Moshe Vol. 3:152:15 strongly rebukes women who visit male doctors for minor ailments which require internal examination when there is a female doctor available as an alternative. Taharas HaBayis Vol. 2 p. 222 writes that women in pregnancy who visit a doctor to monitor the progress of the pregnancy should definitely request a female doctor or midwife for a routine checkup. Only if there is a serious complication, and there is no female doctor as qualified as the male to attend the patient, may a male doctor be seen. Minchas Yitzchok Vol. 7:73 strongly advocates that if a woman is to have an internal examination, she should be accompanied to the doctor by her husband (who should wait in the waiting room) or by another woman friend who has the status of Baaloh B'ir.

     Shaarei Halachah U'Minhag Vol. 3 p. 353 writes that a female doctor is preferable for a woman — in addition to tznius considerations — because a woman will understand the nature of another woman better than will a man.

341. (Back to text) In fact, the Poskim discuss at great length the permissibility of a woman seeing a male doctor and the Yichud issue involved. There is the interesting question of whether the prohibition of Yichud is waived in a case of Pikuach Nefesh, or whether we consider it a branch of Gilui Arayos and therefore under the category of Yehareg Ve'al Yaavor. Furthermore, if there is no question of danger and therefore no Pikuach Nefesh, the prohibition of Yichud applies and is complicated by the fact that the doctor works with women and develops a close relationship with his clients, therefore making him an Asoko Im Hanoshim and a Libo Gas Boh. On the other hand, there is a famous Responsa from the Radvaz Vol. 3:481, from which one may draw the suggestion that a doctor will not endanger his practice and that he is intent on his work, hence permitting Yichud. There may also be other mitigating factors such as Baaloh B'ir and a Pesach Posuach. Taking all these considerations into account, one should be aware of the issues and follow the guidelines set out in the following points. See Igros Moshe Vol. 4:65:1; Shevet Halevi Vol.3:186, Vol. 4:167.

     It should be noted that the question of Yichud is more difficult with chiropractors, masseurs and physiotherapists, etc., who work with their hands on the body — Nitei Gavriel 46:3

342. (Back to text) Tzitz Eliezer Vol. 6:40:12 writes that a woman may enter a doctor's office for an examination if the door is closed but not locked (as long as there are three people in the waiting room, or else a man and his wife), for then it is considered a Pesach Posuach Lirshus Horabim. However, Nishmas Avraham 22:1 quotes Rabbi S. Z. Auerbach zt'l: "Rav Auerbach zt'l also told me that as long as a nurse, patient or any other person can at any time enter the examination room, whether as part of his or her job or whether in error, there is no transgression of Yichud." The implication is that this Yichud situation is permissible even if there is nobody in the waiting room at the time, since the appointment is within office hours and someone may enter at any moment, hence creating a Pesach Posuach. This is also evident from the following Responsa from Igros Moshe Even HoEzer Vol. 4:65:1 who writes: "As regards a woman who needs to be examined by a doctor while undressed (even though there is another person in another room of the doctor's offices, and it is not customary for anyone to enter his examination room, nevertheless,) it is a daily occurrence that even the wives of Torah scholars go alone to the doctor and are secluded with him in his office. This lenient behavior has become widespread because the doctor, be he a Jew or a non-Jew, is intent on his work, removing from him any lustful feelings. Even when he finishes his examination he cannot spend extra time with her, for there are other patients whom he has scheduled for the following time slot. And even if the next patient has not yet arrived, he fears that he or she may arrive soon. If she is the last patient for the day and he knows that no other patients are expected, one may rely on the presence of an employee in his office, for should he spend more than the usual amount of time with the patient, this will arouse suspicion. The doctor, Jew or non-Jew, will be careful that no suspicion is cast on his name that might harm his practice. However, she cannot be permitted to be secluded with him when there is no one else in the office and when no other patient is expected, and her son, daughter or husband must accompany her to such an appointment. But, if she did go to the appointment alone at such a time and transgressed the prohibition of Yichud, she is not forbidden to her husband, for Yichud alone is not sufficient to forbid a woman to her husband." See also Minchas Ish 18:4.

     It is clear, therefore, that after office hours when all the staff is gone, the open door to the doctor's office does not help prevent Yichud for there is nobody in the office to enter unannounced. Therefore when a woman makes an appointment at the doctor's office, she should make sure that it is not the last appointment of the day at a time when all the staff has left for the day, for this may result in Yichud.

     Shevet Halevi (Shiurei Shevet Halevi Hilchos Niddah p. 278, Responsa Vol. 4:167) summarizes the guidelines of visitation by women to medical personnel:

     1. She should minimize as much as possible examination by male personnel.

     2. Wherever possible, she should request a female doctor/nurse.

     3. When a female doctor is not available or the male doctor is better qualified, it is permitted for her to be examined by a male.

     4. Under no circumstances may a woman be examined by any medical personnel who are known to be promiscuous.

     5. She should only visit a doctor during office hours when others are present in the office.

     6. Whenever possible, she should be accompanied by another woman.

     7. The doctor should leave the door of the office slightly ajar, or at least closed but not locked.

     8. Non-observant medical personnel may advise a woman to do something in violation of halachah. Therefore, women should always take medical advice in conjunction with a competent Rav.

     9. She should not engage in prolonged conversation or joke with the doctor, but rather just focus on the medical issue at hand.

     As regards her husband accompanying her to the office, Shevet Halevi writes that if the husband will have to wait in a waiting room full of women (who may be prutzos), then this accompaniment for the purpose of mitigating the Yichud situation may be detrimental in terms of tznius. (However, it seems to this author that if the visit is to a private clinic in the doctor's home or private offices it is preferable for her husband to attend.)

343. (Back to text) Toras HaYichud 10:4; Minchas Ish 18:9.

344. (Back to text) If nobody usually enters, a closed but unlocked door would not prevent Yichud.

345. (Back to text) Although this would still be the Yichud of one man with two women, in such a case a closed but unlocked door would prevent the Yichud — Minchas Ish 18:7.

346. (Back to text) Tzitz Eliezer Vol. 6:40:12. He adds that if the doctor's wife has a key to his office and she is in town and may enter at any time, then Yichud is permitted. Dvar Halachah Hosafos 3:3 writes that if there is a camera outside the office, and a doctor has a monitor inside the office and can see who is entering the room, then if the door is locked, one may not permit Yichud even if another member of staff has a key, since the doctor is aware of who enters.

347. (Back to text) See Minchas Yitzchok Vol. 7:73; Tzitz Eliezer Vol. 6:40:12, Nitei Gavriel 46:4,5,6. (See, however, Toras HaYichud 7:16 who is stringent). The woman should inform the doctor that her husband is in the waiting room — Minchas Ish 18:11.

348. (Back to text) Toras HaYichud 7:16 writes that although the heter of Baaloh B'ir is generally effective if the case of Yichud occurs behind a locked door; however, that would apply in a case where, if the husband were to arrive suddenly and knock on the door and would not be let in immediately, there would be room for suspicion. However, in the case of a doctor's locked room, the woman would have an excuse for not opening the door immediately, and therefore Baaloh B'ir would not serve to permit Yichud. Divrei Sofrim p. 122 also questions the permissibility of employing the heter of Baaloh B'ir in this case. He first quotes the opinion of the Chochmas Adam who says that if the husband gave permission to his wife to be alone with another man, then the heter of Baaloh B'ir is not effective. There are other Poskim who disagree with this. But even if one were to follow the lenient opinion, one may argue that the entire heter of Baaloh B'ir is premised on the fact that the husband may just turn up, and in this case it is very unlikely that the husband would come to the doctor's office. Furthermore, the doctor may be considered a Libo Gas Boh, thus further restricting the usage of this heter. Divrei Sofrim strongly advises that a husband should accompany his wife to the doctor, and where this is not possible, a Rav should be consulted.

349. (Back to text) Tzitz Eliezer Vol. 6:40:12. One of the reasons for leniency in this case is that the doctor would not wish to do anything that would endanger his practice. In addition, he is intent on his work.

350. (Back to text) Nitei Gavriel 46:11. However, Nishmas Avraham 22:1 writes in the name of Rabbi Auerbach zt'l that if the doctor is the family doctor and has examined the woman many times in the past, then he has a ruling of a Libo Gas Boh and the heter of Baaloh B'ir would not help in this case. If this is in fact the case, then she should be accompanied to the doctor either by her husband, another shomer, or a woman friend who has the status of Baaloh B'ir.

351. (Back to text) Minchas Ish 18:8.

352. (Back to text) Since two women would be present, this would constitute Yichud midrabonon and one could therefore rely on the lenient opinion.

353. (Back to text) See Nishmas Avraham, Even HoEzer 22. See also fn. 367.

354. (Back to text) Tzitz Eliezer 6:40 writes that a female doctor may examine a male patient in her office even if the door is locked if her husband is in town. However, Minchas Ish 18:19 writes that it is correct that the door remain unlocked. If the female doctor is not Jewish, this would be forbidden unless her husband is actually on the premises.

355. (Back to text) If the woman visiting the doctor is not married — and therefore has no heter of Baaloh B'ir — and only another nurse is in attendance, this would seem to be a question of one man with two women, which is prohibited. One could argue, however, that since this is only Yichud midrabonon, one could rely on the opinion of the Radvaz Responsa Vol. 3:481, that a doctor will not endanger his practice and that he is intent on his work, hence permitting Yichud. See Nishmas Avraham, Even HoEzer 22:1. In practice she should take with her another woman friend, creating a situation of one man with three women, which is permitted — see Toras HaYichud 10:3.

     If the woman is accompanied by another woman friend who has the status of Baaloh B'ir, then the Yichud would then be only Yichud midrabonon, in which case the patient could rely on the heter of Baaloh B'ir. She should request that the door be left unlocked — Toras HaYichud 10:1. See also fn. 371, 373.

356. (Back to text) The husband does not have to enter the room with her. As long as he is in the waiting room, the seclusion is permitted. She should inform the doctor that her husband is there — Minchas Ish 18:11.

357. (Back to text) Tzitz Eliezer Vol. 6:40:12:9.

358. (Back to text) Minchas Ish 18:8.

359. (Back to text) This is because there are Poskim — see Toras HaYichud 10:2 — who opine that Baaloh B'ir would not be effective in this case. Toras HaYichud states that in this situation, either

     1. she should be accompanied by her husband or another shomer, or

     2. she should go with another woman, in which case there would only be Yichud midrabonon so that she may rely on the heter of Baaloh B'ir as long as the door is closed but not locked.

360. (Back to text) Toras HaYichud 10:2.

361. (Back to text) In this situation there would be only Yichud midrabonon and one could rely on the lenient opinion which allows Yichud in the case of Baaloh B'ir even if the door is locked — Minchas Ish 18:12.

     If she was accompanied by another woman who was not married, then it would be a case of a Yichud midrabonon, and one could possibly rely on the opinion of the Radvaz Responsa Vol. 3:481, that a doctor will not endanger his practice and that he is intent on his work, hence permitting the Yichud. See Nishmas Avraham, Even HoEzer 22:1. In practice, a Rav should be consulted in this case.

362. (Back to text) Minchas Ish 18:13. It should be noted that Sefardim follow the ruling of the Beis Yosef who does not permit the Yichud of one man with three women. However, if one of the women's husbands is in town, all opinions would permit Yichud.

363. (Back to text) Even if the door would be locked, the seclusion would be permitted as long as the doctor's wife had a key and could enter at any moment — Minchas Ish 18:16.

364. (Back to text) Tzitz Eliezer Vol. 6:40:12; Nitei Gavriel 46:8.

365. (Back to text) Tzitz Eliezer Vol. 6:12:10; Dovev Meisharim 5.

366. (Back to text) This would only help during the day or early hours of the night. Furthermore, the doctor's examination must take place in a room of the house where Yichud would be permitted by having a Pesach Posuach. However if the woman is in an upstair's bedroom and she lets the doctor enter by way of intercom and he goes upstairs to the patient, then this poses a question of Yichud and another heter must be in place to permit the Yichud. It should also be noted that if the doctor is a family doctor who is Libo Gas Boh, the heter of Baaloh B'ir would not apply. In such a case a shomer would be required to permit Yichud.

     The case of a doctor who is called out in the middle of the night to visit a female patient living alone, who is suffering from a non-life-threatening illness, poses an interesting question. In practice, it would be better that he be accompanied by another man. If he is called upon to treat a life-threatening illness, then the issue of Yichud is waived — see Minchas Ish 19:6.

367. (Back to text) See for all the above: Tzitz Eliezer Vol. 6:40:12; Shevet Halevi Vol. 5:203:6; Minchas Yitzchok Vol. 7:73; Shearim Hametzuyanim Behalachah 152:3.

368. (Back to text) Usually, there are a number of nurses and medical staff on every ward. Therefore a doctor may enter a woman's private room to make an examination as long as the door to her room is left unlocked, since staff members may enter at any moment.

     However, in a small ward, the presence of a single male patient and a female nurse would create a question of Yichud. The presence of two men and one nurse during the day and the early hours of the night would be permitted; however, at night the presence of three men would be required. Often, though, there are two female nurses on duty at night. Therefore, if only a single male patient would be on the ward together with two female nurses, there would be a question of Yichud (unless one of the nurse's husbands was in town if she was Jewish) and a Rav should be consulted. The presence of two men and two women would be permitted in this case (for one would have the additional factors that the nurses are concentrating on their work and would not do anything to endanger their jobs).

369. (Back to text) Nitei Gavriel 46:18. The door to the room where the scan is taking place should be closed but not locked, and the staff member who is doing the scan should be aware that family members or other shomrim are in the nearby room.

370. (Back to text) Nitei Gavriel 16:2.

371. (Back to text) Nitei Gavriel 16:3; Minchas Ish 19:7. (This leniency would certainly apply if the woman was married and in a situation of Baaloh B'ir — see Nishmas Avraham, Even HoEzer 22:2.)

     Most ambulances today are made in such a way that — although one cannot see into the rear compartment because the windows are tinted or have curtains (or no windows at all) — the driver may see into the rear compartment. Therefore even if a male nurse is caring for a woman in the rear compartment, since he can be seen by the driver there is no Yichud — Minchas Ish 17:7 (See there that this also applies if the driver of the ambulance is a woman.)

     If a woman in labor or a female doctor needs to travel on Shabbos in a case of Pikuach Nefesh, then if the driver is not Jewish, they should take with them a child shomer. If that is not possible, an adult should accompany them. However if the driver is Jewish, they should not take with them a shomer; rather, they should travel alone and the prohibition of Yichud would be waived in the face of Pikuach Nefesh. (As previously mentioned, the prohibition of Yichud while traveling in a car only applies to areas where there are no passersby or steady stream of traffic. Therefore, in most towns today, Yichud would not be an issue.) If, however, the woman's husband or another family member wishes to travel in the ambulance with the woman in order to calm her, he or she may do so, for this is considered as one of the needs of the sick and the prohibitions of Shabbos are waived. See also Nishmas Avraham, Even HoEzer 22:1:3.

372. (Back to text) Minchas Ish 19:6. See there at great length the discussion among the Poskim as to whether Yichud is an offshoot of Gilui Aroyos and requires martyrdom or not.

373. (Back to text) Minchas Ish 19:4.

374. (Back to text) Minchas Ish 19:5.

375. (Back to text) In addition to the issue of Yichud, a doctor or other medical caregiver must act only Leshem Shomayim. To quote from Nishmas Avraham, Even HoEzer 21:5: "Therefore a doctor, student or any other caregiver, whose work in treating and caring for the sick is undoubtedly noble, must be most careful when attending to a woman. His eyes and thoughts must be focused entirely upon his job, and he must remain intent only on what he is doing. In addition, he must also be acutely aware of the patient's feelings. For example, wherever possible, he should only uncover that part of her body which he needs to examine, re-covering it before examining elsewhere. The Shulchan Aruch rules that it is forbidden to look closely at a woman; it does not differentiate between young and old, Jewess and non-Jewess, modest and immodest. The Beis Shmuel writes that if doing so brings him to impure thoughts, he has transgressed Torah Law."

376. (Back to text) The following is an excerpt from a letter that was recently circulated by a Rabbinical Court in America:

     "Dear Sir:

     You are no doubt aware of the many scandals which have unfolded on the American scene in the past few years, involving (alleged) abuse of children and susceptible women by doctors, therapists, clergy and other counselors. We all know that the laws of Yichud were formulated to protect the Jewish community from this despicable behavior which has become pervasive in America. The laws of Yichud are even more stringent in a case of increased acquaintanceship. Additionally, even in cases where the technical letter of the halachah might permit a certain situation, our Rabbis were very much concerned that the spirit of the issur of Yichud be safeguarded.

     It is therefore evident that there is a need to protect our community from the effects of, or even the potential danger of such behavior. We are therefore calling upon all parents of children in susceptible situations, and especially upon Jewish women — and those who provide services to these women and children — to voluntarily adopt standards of office practice which will protect the patients or clients as well as themselves — the caregivers — from any threat or suspicion of abuse. Unfortunately, we have often witnessed how false accusations can destroy individuals and families, and we all need to be protected.

     Consequently, we are advising all responsible persons in the community to ask that special precautions be taken in cases of a doctor, or therapist, or rabbi — anyone who meets in private with a child or woman and may be in a position to take advantage of their vulnerability, whether physical, emotional, or psychological. We suggest that there always be another person present in the room, or at least right outside the open door. (We realize that there are situations where this is unworkable: e.g. in certain counseling services. We ask for your input as to how to adhere to the letter and spirit of the laws of Yichud in such situations.)

     It is, unfortunately, a sad day when we have to ask all professional caregivers to take precautions so that there will not be even a risk (of appearance) of impropriety which might be alleged to them. It is also sad that children and women need to be warned not to trust people they need to trust. Nevertheless, we feel this is a necessary step which must, and should, be taken. We urge you to adopt such standards; moreover, we ask that you contact all your clients/patients and advise them of this new policy, and that you post this new policy in your office (or post this letter). If you and your colleagues will meet this challenge, it will set a standard for accepted practice for all others, without casting the pall of suspicion upon anyone. Thereby, it is hoped, these standards will remove not only the temptation but also the reality of our people succumbing to the depraved level of secular society, and alternatively, the anguish and ramifications created by false accusations and similar gossip.

     We invite your comments and suggestions regarding setting up such precautionary procedures."

377. (Back to text) Nitei Gavriel 36:3.

378. (Back to text) Minchas Ish 26:16.