*** This Halacha deals with topic of Yichud. Yichud is the concept that a man may not be secluded with a forbidden woman. Please read all the Halachot on this topic as there are conditions and exclusions that must be fully understood before accepting Lema’ase. ***
We learned that when a husband is in town, his wife is then permitted to be in the house alone with a man or 2 or more, and she would not be violating the laws of Yichud. Yichud is the Halacha that prohibits man from being secluded with a forbidden woman. The leniency applies only if the husband is in town. Different reasons amongst the Rishonim were given on this, and the prevalent opinion is brought down the Ri Mi’Lunil (Rabeinu Yehonasan, early 1200’s) who was one of the authors of the Tosafot (basic commentary by many scholars throughout the 12th and 13th centuries.) He explains that this leniency exists because the wife is scared that the husband will appear. The husband is in town and he can come home at any time. So it is the fear that her husband can come in at any moment that protects her and keeps her from committing a transgression. That is the way the Rambam understands it, and that’s the way the Tur (Rav Yaakov) and the Shulchan Aruch understand it as well.
The Chida (Rav Chaim Yoseif David Azulai 1728-1806) learns form the language of a Rashi in Masechet Kidushin, that it is not that the wife who is scared, but rather the man in the house with her. That man knows that the husband is nearby, so he is scared to do anything for he can get into real trouble.
So it seems there is a Machloket amongst the Rishonim where the fear lies, but the more established opinion is that the wife is apprehensive because she knows her husband is nearby in town.
So the question was asked by the Acharonim if whether or not this leniency even applies in the case when the wife is not at home and the husband does not know where she is. As we said above, the leniency applies for sure at home for the husband can walk in at any time. But what about the case where she is not home and he doesn’t know where she is? Is there still a fear factor? Or do we say that the law of Yichud applies because he doesn’t know where she is. On this question there is a great Machloket amongst the Acharonim.
Rav Chayim Palcahi says that it is forbidden for a married woman to be secluded with a man when she is not at home. He bases his reason on the logic that even though the husband is in town, he however does not know where she is, and as such the fear would escape her, thus requiring the law of Yichud to apply. That is the way also how Rav Eliyashiv holds. But, there are many Acharonim who say that when the Gemara refers to a husband who is in town, it denotes that the wife is apprehensive no matter where she is. She is scared to do anything simply knowing that her husband is around, even though he doesn’t know where she can be found. That’s the opinion of Rav Chida, and the opinion of the Chazon Ish (Rabbi Avrohom Yeshaya Karelitz 1878-1953), and Rav Shlomo Zalman Auerbach (1899-1994), and Chacham Ovadia Yoseph as well.
So therefore, Halacha Lema'ase, there are enough opinions to be lenient in a case where the husband is in town even if he doesn’t know where exactly his wife is. She may be secluded with a man or two or more, because she is apprehensive and fearful for her husband is nearby. The laws of Yichud are waived.
Let’s say for example, a married woman is in shopping and she wants to go to a showroom to see some merchandise. There are men only in this showroom. So since her husband is in the same town, she would be allowed to enter the showroom. She would be allowed to do so even though her husband doesn’t know exactly where she is. The rules of Yichud would not apply because of the exemption called ‘Ba’la Ba’Ir.’ (This is translated to; ‘her husband is in town.’)
To review, there is an exemption to Yichud called ‘Ba’La Ba’Ir’, which allows a married woman to be secluded with a man or two or more, anywhere in the city, so long as her husband is in the city at that time.
