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Today’s Daf in the Gemorah (Bava Basra 99b) has a fascinating Mishna which deals with a case where someone owns a water cistern or well inside the home of another individual. The Mishnar requires the placement of two locks. One for the owner of the well and one for the owner of the house. The Gemorah understands the need of a lock for the owner of the well – in order to prevent the homeowner from taking the water. But, asks the Gemorah, of what need is there for the owner of the house to put on a lock?
The Gemorah answers that it is to prevent rumors. In other words, there will be times when the owner of the house is not home but his wife will be home. If the owner of the well visits to get water, there will be rumors and or a concern for impropriety between the well-owner and the owner’s wife. The presence of a lock will ensure that the well-owner will only visit when the owner is there.
The question arises, however, what about the laws of Yichud? Why is there a need for a lock, when anyway the well-owner cannot visit on account of the prohibition of Yichud?
There are two possible answers. The first possibility is that even though there are certain heterim – leniencies for Yichud, such as Baalah baIr – her husband is in town, this sjould not be looked at as a permanent solution. In other words, one should not, at least for a married woman, rely on these leniencies on a constant basis. And constant means at least as often as someone visiting his well or cistern.
The other possibility is that the Gemorah is also concerned for people that may not observe the laws of Yichud so stringently. Even in such cases steps should be taken to ensure that nothing improper occurs and that no rumors of impropriety develop.
What is the final halacha? The Shulchan Aruch (CM 169:1) rules in accordance with this Mishna. It seems, that the halacha is not limited to a well or cistern but to other items as well. The Bach certainly understands it in this way, as do many other commentaries.
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