Yichud- Does the Leniency of Ba’Ala BaIr Even Apply When The Husband Is At Work
*** 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 in the laws of Yichud, that a married woman may be secluded with a man, based on the leniency called Ba’Ala Ba’Ir which refers to the fear of a wife solely based on the fact that her husband is nearby in town and can come to her at any time. We learned that the wife may be alone with a man at her house or even outside her home, as long as her husband is local in town. So, the question is asked about a husband who is working, or in the Kolel studying, or simply preoccupied doing something whereby his wife knows that his arrival is not expected. He is in town, but she knows he is not coming for he is busy. Would the leniency of Ba’Ala Ba’Ir still apply to her in such a case?
The Chachamim hold on these type of cases no different than if the husband is not busy. Meaning, the leniency of Ba’Ale Ba’Ir applies to the married woman even in a situation where her husband is occupied and busy at work. Even if her husband is a doctor and he is in the middle of open heart surgery, and she knows that he is not coming, nevertheless the leniency of Ba’Ala Ba’Ir still is valid. We rely on the fact that she knows that her husband is close by in town, and that protects the situation.
One exception to this leniency would be if the husband were in jail. Even though he might be very close in proximity, but since he is incarcerated and does not have the ability to come to his wife, so therefore the leniency would not apply and his wife may not be alone with another man.
We learnt that a Jewish married woman can be secluded with a man, be it a Jewish man or a Goy, as long as her husband is in town. So the question was asked if a Jewish man may be secluded with a married Goya (a non-Jewish woman). Would the leniency of Ba’Ala Ba’Ir apply to her as well? Would the fact that the Goya’s husband is in town enable his wife to be with a Jewish man? Would his local presence serve as a fearful deterrent to his wife and prevent her from making a transgression? This question has been discussed and studied, and there is great Machloket (argument) on this amongst the Poskim. There are many issues on this case, one of which asks the question if Goyim really care what their wives do. Lema’ase (the ruling), Jewish men should be Machmir (strict) in this case, and not seclude themselves with a married Goya even if her husband is in town. The leniency of Ba’Ala Ba’Ir should only be used by married Jewish women.
