Q&A: Niece and Seclusion
Niece and Seclusion
Question
Rabbi Abraham, I was wondering about the Jewish law that forbids me from being in seclusion with my niece. What do you think about this issue? Do you think the Jewish law should change? After all, today it sounds crazy that I would think sexually about my niece, especially when she is young! Does it depend on certain circumstances? What should I do when I need to babysit my niece who is over the age of 3?
Answer
I think there is room to be lenient here, because today this inclination is not common.
Discussion on Answer
And regarding the original question, seemingly there’s a simple solution: leave the door slightly open.
According to most opinions, seclusion is Torah-level and not a rabbinic enactment. And in the halakhic decisors you will find quite a few considerations about when seclusion does or does not apply, depending on the inclinations involved and the circumstances.
Indeed, everything I wrote was only on the assumption that the situation requires seclusion. If it’s possible to leave the door open, then no question arises.
At any age?
And what about the rule that an enactment whose reason has lapsed—even assuming its reason has lapsed; reading newspapers makes that a bit questionable—does not lapse? Unless we say there is some harm here; seemingly there is no greater harm here than discomfort.