Q) Regarding yichud: If a man is driving a car with a female passenger in the car, and the car has tinted windows – is this an issur of yichud?)
A) We first need to clarify if being alone with a lady in a car is included in the prohibition of yichud
Rav Shlomo Zalman Aurbach[1] discusses the possibility of a car being subject to yichud and presents the argument that a car is not subject to yichud – because the occupants of the car are visible to passers-by and other users of the road. Therefore, a car will usually be classified as pesach posu’ach lirshus harabim – (lit. there is an open entrance to a public thoroughfare) and subsequently there is no problem of yichud[2].
Rav Shlomo Zalman continues to explain that even though the car can, at any given moment, divert onto a deserted side street (which is subject to the issur of yichud) and it could be argued that yichud should be prohibited in a car at all times because of this possibility; in fact yichud is mutor in a car – when the car is located in a populated area, and we are not concerned with the possibility of the car relocating to a more deserted area. This is because the issur of yichud depends on the current situation, as it is now, and the fact that a situation can develop into a prohibition of yichud at a later stage is irrelevant now[3].
Rav Moshe Feinstein[4] opines that certainly l’chatchilo one should not allow yichud in a car – because of the possibility that the car can easily be driven to a deserted area in which there will be a prohibition of yichud.
However, continues Rav Moshe Feinstein, in extenuating circumstances one can be lenient, because according to the letter of the law we do not have to be concerned with the possibility that the car can relocate to a deserted area; and we only need to be concerned with the current location of the car (the same argument as Rav Shlomo Zalman).
The sefer Mishnas Hayichud[5] (Rav Moshe Paniri) points out that the aforementioned leniencies will only be applicable to a car that has regular (non-tinted) windows. If the car windows are tinted and therefore the occupants of the car are not visible to passers-by then there will be a prohibition of yichud.
However, if it is possible to see the driver through a regular window (as is usually the case that the windscreen is made of regular clear glass), there will be no problem of yichud, even though one can’t see the other passenger(s). This is because the driver is not subject to yichud if he is in view, and additionally, once the driver is not subject to yichud he can act as a shomer and allow the “seclusion” of another man and woman in the back of the car – as long as he (the driver) can see them.
[1] מנחת שלמה (ח”א צ”א כ”א)
[2] ע’ שו”ע אבה”ע ס’ כ”ב סע’ ט’
[3] וראיה לזה – פתח פתוח לרה”ר עצמו, שבכל עת ובכל זמן יכול לנעול הדלת ואז יהא מצב של ייחוד; ולמרות האפשרות הזאת מותר להתייחד כשיש פתח פתוח לרה”ר ולא חוששין לשמא ינעלו הדלת
[4] שו”ת אג”מ אבה”ע ח”ד תשובה ס”ה ג’
[5] על סע’ ט’
.