Q&A: Seclusion
Seclusion
Question
Hi,
If I need to do something for research with a woman and the door is closed, but I think other people could still come in (you need some kind of card to get in), is there a problem of seclusion here?
I saw that there is a Rashba who says that a door that is closed but not locked does not constitute seclusion, and people say that this can only be used as an additional factor for leniency. But I was thinking that maybe there is also a leniency here because one is occupied with his work. Is that correct in this case? I saw that some want to say there is a dispute among the medieval authorities (Rishonim) whether the prohibition of seclusion is an independent prohibition or merely a safeguard against forbidden sexual relations. If it is an independent prohibition, then seemingly this case would be forbidden, no? In short, what is the Rabbi's opinion? (This is a consultation, and of course I am not bound by what the Rabbi answers.)
Answer
I think the criteria here are not formal. Even if the Rashba or anyone else determines that a closed door is sufficient or not sufficient, that is only their assessment of the concern about transgression or improper thoughts. And this is true even if the prohibition of seclusion is an independent one, because even according to that view, the concern about transgression defines the prohibition of seclusion, even if it is not its reason (and the proof is that when there is no concern, there is no prohibition of seclusion). Therefore it depends on your own assessment of those concerns. If you have no concern, there is no prohibition. One who guards himself should set fences and boundaries.
Discussion on Answer
https://etzion.org.il/he/talmud/seder-nashim/massekhet-kiddushin/%D7%A7%D7%99%D7%93%D7%95%D7%A9%D7%99%D7%9F-%D7%93%D7%A3-%D7%A4%D7%90-%D7%99%D7%99%D7%97%D7%95%D7%93-%D7%9B%D7%A9%D7%90%D7%99%D7%9F-%D7%97%D7%A9%D7%A9-%D7%90%D7%99%D7%A1%D7%95%D7%A8
In a private house with, say, two floors and many roommates (five or more), is there any arrangement—that is, a number of men and a number of women—in which it would be permitted for men and women to live together? It's just that it isn't always easy to find someone of the same sex, and then there are empty rooms whose payment falls on those living in the house, and that can add up to quite a lot of money.
In principle, you are not supposed to be alone in seclusion with a woman. In an apartment or house where someone else could walk in at any moment, there is no seclusion. But I think that is not the case in your situation, because there are hours or days when you really could find yourself there alone with another woman, without anyone expected to come in.
Hello,
Thank you for the answer.
If I explain the situation to a neighbor and give him a key and tell him he can come in whenever he wants, 24 hours a day all week, without knocking, does that solve the problem? And if not, is there another solution?
Thank you
It's hard to say anything definite here. After all, he won't really come in, since he has no reason to be there. I think that's problematic. If there is a separate unit in that house with its own separate entrance, that would solve the problem.
Do you think that all the laws of seclusion as well—such as seclusion with two people, in town or in the field, by day or by night, whether her husband is in town, etc.—also have non-formal criteria, and everything depends on a person's own assessment? Is there still some clear criterion that the Sages prohibited? In other words, if a person is convinced that even in full seclusion he would not come to transgression, is seclusion permitted for him?