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April 19, 2018 3:26 pm at 3:26 pm
#1508952
benignuman
Participant
Slonimer and Gaon,
Eishes Ish is a greater if one commits a capital crime. But with respect to the Issur Yichud, they are the same. According to Rashi, yichud by a niddah is learned out of yichud by an eishes ish.
That Tosafos is ambiguous. I could be that Tosafos is saying is that ishto niddah is more lenient because she will become tahor shortly, but a penuyah nidda remains asur mid’oraisa just like eishes ish. You can also understand Tosafos as holding that the yichud by a nidda is only d’rabbanan. But the Tur and Shulchan Aruch pasken that it is d’oraisa.