*** 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 explained that there are certain conditions and cases that allow Yichud, for we are not suspicious of improprieties if said conditions are met. One of the conditions we have been discussing is called ‘Ishto Imo’. Meaning, the rules of Yichud would not apply when one’s wife is present. So the question is asked if whether or not a young girl can qualify if she is there and enable seclusion among a man and woman. Can a man and woman be secluded if a young girl is with them?
The Gemara discusses this in Kidushin. And Maran brings it down in Shulchan Aruch and says [listen to the audio clip for the exact quote] that if there is a young girl present, it is then permissible for a man and lady to be secluded. What age is considered young? The Poskim say this ranges from 5 years old until 9 years old. At this age she can be considered a Shomeret (a watchful and protecting person.) The logic is, that a girl within this age range would talk of an incident that is out of the ordinary. Within that age range she would understand that something peculiar was going on. But a girl above that age range might be lured to temptation and persuaded to transgress, and then most likely conceal the tale of the improprieties.
So Halacha Lema'ase, if a girl ranging in age from 5 through 9 is with them, a man and lady may then be secluded, even if the door is locked, and even if the blinds are closed. But if the girl is older than the age of 9, she then does not protect them, and the man and lady may not rely on the girl to enable them to be alone. Once the girl is older than 9, she then knows enough, and she might get into trouble herself.
