003 - Hanhogas Beis Hakisei - ג הנהגת בית הכסא ובו י"א סעיפים

Siman 3: Conduct in the Bathroom, containing eleven seifim:

Recording: Seifim 1–11

1. Also when he enters the bathroom, he should be modest.

He should uncover his flesh only as much as is needed, and at the time of need, and not before then, even for a moment.

Therefore he should not uncover himself until he sits.

He should uncover behind him no more than a handbreadth, and in front two handbreadths^[1], because of the stream of urine, which sprays far.

And some have the reverse reading.

And for a woman: in front nothing, and behind one or two handbreadths, according to the different readings.

And in practice, one should limit it as far as possible^[2]:

2. Two people should not enter together. He should sit alone and close the door behind him, so that no one else enters there.

And if he is afraid to sit alone, someone else should place his hand on his head through a window^[3].

But he should not converse with him.

For one does not converse in the bathroom, on account of modesty.

Therefore, if it is impossible to close the door and another man wishes to enter, they should clear their throats through the nose to one another^[4], and not speak.

Only the women, when they go to a public bathroom, such as the bathroom in the field in their days, or in the courtyard of the synagogue in these lands, the Sages ordained that they should enter two together, or even more, and converse with one another there, so that their voices are heard from outside and no man enters there and is secluded with them:

3. When he relieves himself in an open place, such as in a field, he must go far enough that his fellow cannot see his uncovering, what he uncovers of his flesh in front or behind.

And he need not go farther, until he cannot be seen at all; even though he is seen from afar, that is nothing.

And behind a fence, he may relieve himself right there^[5].

So too in a courtyard, behind the wall of the house.

And even though his fellow hears the sound of his passing wind below, that is nothing.

For there is no prohibition at all on account of modesty in making the sound of passing wind below.

(Only it is a disgrace and an embarrassment to most people.

And one who does not mind does not mind.

And so in the days of the Sages of the Talmud [see Siman 103 and Terumas HaDeshen, Siman 16] they did not mind it):

4. In all the laws of modesty of the bathroom, one must be as careful at night as by day, apart from going a distance in a field and the like.

For at night he need not go any distance, and he may relieve himself even in the city street.

And if there is some corner there, he should relieve himself there.

That is when no one is there.

But when someone is there, even a gentile, it is forbidden to relieve himself before him, whenever he is near him so that he can see him, even if he cannot see his uncovering, for since he sees him from close by, this is not modesty:

5. All this is for relieving oneself, but to pass water they permitted even before many people, and by day, because of concern for danger, that he not become sterile.

Therefore it is forbidden for him to act modestly and wait, if he needs to do so.

Nevertheless, he should move off to the side.

Even a woman from her young son^[6]:

6. One who relieves himself in an open place with no partitions must see to it that his face is to the south and his back to the north, or the reverse.

But he should not relieve himself with his back to the west or to the east, because of the honor of the Shechinah^[7].

For the Shechinah is in the west, and the face of the Shechinah is to the east.

Therefore east is called "kedem" and west "achor".

As it is written, "אחור וקדם צרתני" ("Back and front You formed me") (Tehillim 139:5).

And south is called "yamin" (right) and "teiman".

And if he relieves himself with his back to a southwestern or northwestern corner, or to a southeastern or northeastern corner:

If it inclines toward the north or south more than toward the east or west, it is permitted.

And if not, it is forbidden.

And where possible, it is good to take care that his face is to the south and his back to the north and not the reverse, so as not to relieve himself facing Yerushalayim and the Beis HaMikdash, in most of these lands, which incline and lie to the north of Yerushalayim more than to its west.

All the more so in lands directly north of Yerushalayim:

7. All this is in an open place. But in a place with partitions, even if there is only one partition in the west, he may sit beside the partition, close to it, and relieve himself with his back to the west, toward the partition.

And if it is in the east, he sits beside it with his back to the east.

Therefore one need not be particular at all about bathrooms built in houses or courtyards.

And even if there is no other partition outside the bathroom, only the wall of the bathroom itself, it counts as a partition.

And some say that no partition is effective for this.

And it is good to take their words into account at the outset, where possible, not to build a bathroom in the first place for relieving oneself toward the west or east, but only toward the north^[8].

All this is for relieving oneself; but to pass water is permitted in every way, even toward the west and east in an open place:

8. He should not sit and relieve himself quickly and forcefully, for the opening then widens with force, and the folds of the rectum^[9] are torn, and it comes out.

For this reason too he should not strain and press himself too much.

So too when he wipes, he should not wipe with a piece of earthenware that is not smooth and the like, lest he tear or puncture the rectum.

For this reason they permitted moving pebbles on Shabbos, which are small smooth stones, to wipe with them, although they are muktzeh, even if he has before him a piece of earthenware that is not muktzeh.

And they permitted bringing into the bathroom many small stones, up to a handful, to wipe with them one after another until the last comes out clean. After that it is forbidden to wipe with them further on Shabbos.

So too on a weekday he need not wipe further. For this is a sign that no more substance of excrement remains at the opening, in the place where it could be seen when he sits, since he also wipes himself while sitting and the wiping came out clean.

But it is a trait of piety to wash the opening with water^[10]:

9. One who is not fastidious and wipes with his actual fingers should not wipe with the right hand but with the left, because with the fingers of his right hand he ties the tefillin on his left.

And it is good to take care not to wipe with the middle finger, because he winds the strap on it^[11].

And a left-handed person, who puts on tefillin on the right and ties them on it with the hand that is the left of everyone else, should wipe with the hand that is the right of everyone else^[12].

All this is for wiping; but to rub away drops of urine is permitted even with the right hand, and likewise to kill a louse:

10. One who passes water standing, and if he does not raise the organ many drops of urine will fall on his feet, may assist from below with the testicles to raise it.

And if they fell on his feet, he must rub them with his hands immediately, and not go about like that among people.

But he should not hold the organ to raise it. For whoever holds the organ is as if he brings a flood upon the world^[13], lest he become heated and emit seed in vain. Unless he holds it from the corona and below, toward the ground, for there it does not lead to heating, or he holds it with a thick cloth that does not heat.

And one who is married, whose wife is with him in the city and is pure, is by law permitted to hold it even from the corona and above. For since he has bread in his basket^[14], he does not come to thoughts and heating.

But it is a trait of piety to be stringent.

And even by law they permitted a married man to hold it only for passing water, so that drops should not fall on his feet, but not to scratch. Unless with a thick cloth that does not heat at all:

11. One who delays relieving himself, whether of solid waste or of urine, transgresses by rabbinic law on account of "אל תשקצו את נפשותיכם" ("Do not make yourselves abominable") (Vayikra 11:43)^[15].

But the Sages did not uphold their words where human dignity is at stake, such as until he finds a private place.

And so too where it would interrupt prayer, even in the blessings of the Shema, as will be explained in the Laws of the Shema and Prayer.

And some say that with urine there is no issue of "bal teshaktzu", but that they forbade it because of danger, and also so that he not become sterile.

And whoever can hold himself for the time it takes to walk a parsah^[16] has no issue of "bal teshaktzu" nor of danger, whether with urine or solid waste, according to all opinions.

And some say that even if he cannot hold himself for much less than the time it takes to walk a parsah, there is no issue of "bal teshaktzu", as long as he does not need and urgently desire it.

(That is, if he did not hold himself back by force and strengthen the holding force over the pushing force, the pushing force would of itself overcome the holding force and he would relieve himself with no assisting pressure, without the person pressing himself at all, even the slightest.

But if the pushing force would not so overcome the holding force without assisting pressure, the person pressing himself a little, it follows that when he holds back and refrains from pressing he is not called one who delays relieving himself, for it is merely refraining from action, and there is no issue of "bal teshaktzu"):

Notes

1. A handbreadth and two: "Therefore, for a man, behind one handbreadth and in front two handbreadths" (Berachos 23b).

2. In practice, limit it: Mahadura Kama says: "He should uncover himself only behind a handbreadth and no more, on account of modesty. And in front two handbreadths... And a woman should uncover herself only behind a handbreadth, and in front nothing" (Mahadura Kama 3:6; see note 4 there).

3. His hand on his head: As in the account in the Gemara: "She would make a window for him and place her hand on his head" (Berachos 62a).

4. Clear their throats through the nose: That is, they make a sound through the nose, to let it be known that someone is there.

5. Behind a fence: "Ulla said: Behind a fence he may relieve himself right there; and in an open valley, as long as he may pass wind and his fellow does not hear" (Berachos 62a).

6. From her young son: Mahadura Kama: "Nevertheless she should not stand to pass water facing a man, even facing a small child" (Mahadura Kama 3:19).

7. East and west: "The Sages taught: One who relieves himself in Yehudah should not do so east and west, but north and south" (Berachos 61b).

8. No partition is effective: Mahadura Kama gives the law of the partition without this opinion: "Even to relieve himself, if there is a partition on the west side, it is permitted beside the partition if he turns his back to the west. And if the partition is on the east side, he turns his back to the east" (Mahadura Kama 3:8; see note 6 there).

9. Rectum: The Hebrew is כרכשתא, the end of the bowel at the opening.

10. To wash with water: Mahadura Kama: "He should take great care to wipe well, for excrement in its place is forbidden in any amount, as written in Siman 76, seif 6, see there. And if he can, it is good to wash with water" (Mahadura Kama 3:25).

11. He winds the strap: Mahadura Kama: "On which he winds the tefillin strap, as will be explained in Siman 27, seif 11" (Mahadura Kama 3:15; Siman 27, seif 11).

12. Left-handed: Mahadura Kama adds: "Even one who does all his actions with the right but writes with the left should not wipe with the left, with which he writes, because with it he ties the tefillin on the right" (Mahadura Kama 3:14).

13. A flood: "Rabbi Eliezer says: Whoever holds his organ and passes water is as if he brings a flood upon the world" (Niddah 13a).

14. Bread in his basket: That is, his wife is available to him.

15. By rabbinic law: Mahadura Kama says: "Whoever delays relieving himself when he needs to transgresses 'bal teshaktzu'. And if he needs to urinate and delays, he transgresses 'bal teshaktzu' and 'there shall be no sterile one among you'" (Mahadura Kama 3:24; see note 11 there).

16. A parsah: See Siman 92, seif 1: "But if he can hold himself for the time it takes to walk a parsah, he has fulfilled his obligation after the fact".