Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour

It is clear that one may not pray, recite a Beracha, or learn Torah in a restroom or in the presence of bodily waste. But is one allowed to perform a Misva, or to make plans for performing a Misva, in such a place? One example might be Sedaka (charity). Is a person permitted to write checks to charity while in the restroom, or to go over his finances to calculate how much to donate to different organizations? Another example is a person who is in prison, and the toilet is in his cell. If the Jewish chaplain was able...

The Torah commands in Parashat Shoftim (Debarim 23:15), "Ve'haya Mahanecha Kadosh" – "Your camp shall be sacred." The Gemara (Shabbat 150a) interprets the word "camp" in this verse as a reference to any place used for prayer or Torah study, such that the Torah here instructs us to ensure that any such place must be clean, without filth, to preserve the sanctity of our prayers and Torah learning. Accordingly, it is strictly forbidden to even silently think Torah matters in an unclean place, such as the restroom. It goes without saying that one may not speak Torah matters in the restroom. The se...

The Gemara (Berachot 62a) relates that Rabbi Ami and Rabbi Assi would go out to the restroom alone, despite the fact that in those days, restrooms were out in the open fields, where one was exposed to harmful spirits. Rabbi Ami and Rabbi Assi explained that by remaining silent and conducting themselves appropriately in the restroom, they ensured their protection from harmful spirits. Later (62b), the Gemara tells that Rabbi Abba made a noise outside to restroom to see if anyone was inside before he entered. Rav Safra was in the restroom, and responded, "Come in." Afterward, Rabbi Abba reprimanded...

The Gemara in Masechet Hagiga (5a) teaches that it is forbidden to do something that revolts one's fellow. The examples given include expectorating or killing a bug in somebody's presence. A modern-day example would be leaving one's used tissues on the table. The Gemara warns that one is liable to punishment for such behavior, for doing things that cause others to feel revolted. By the same token, one is obligated to clean up after himself after using the restroom, to ensure that no filth is left behind that will revolt those who use the restroom after him. This applies both...

The Shulhan Aruch (Orah Haim 3:10) writes – based on the Gemara in Masechet Berachot (62) – that when one cleans himself after defecating, he should use specifically his left hand. The Gemara brings several reasons for this rule. One reason is that people ordinarily eat with their right hand, so it would be inappropriate to use the same hand for cleaning oneself. A second reason is that one uses his right hand when writing Torah matters. Another reason is that in the synagogue, the person signaling the cantillation notes for the Torah reader uses his right hand. Others explain this rule based on the...

As mentioned in an earlier installment, it is forbidden for a person to pray, recite Berachot, or learn Torah if there is even a tiny amount of bodily waste on his body. For this reason, a person should clean himself with water, or at least moistened paper, after moving his bowls, to ensure that no traces of excrement remain on the body. Young children, quite obviously, cannot be expected to maintain this strict standard of cleanliness. Nevertheless, it is permissible for parents to learn Torah, pray and recite Berachot with their young child, even if it can be assumed that...

The Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) writes (Parashat Vayeseh) that the modern practice of cleaning oneself after defecating with dry paper, without using water, is Halachically incorrect. Halacha forbids praying, reciting Berachot or earning if even a tiny amount of excrement is present on the body, and it is impossible to ensure the complete elimination of all traces of excrement from the surface of one's body without water. It is therefore strongly advisable when possible to have a bidet installed in one's restroom so he can clean himself with water. If one does not have a...

The Shulhan Aruch (Orah Haim 3:2) writes that when one uses the restroom, he should not reveal his private parts until he sits down, and he should not stand up until after covering himself. This Halacha was relevant in the time when people would crouch on the ground to perform their bodily functions, and they were thus to lift their robes only after crouching. Nowadays, of course, people move their bowels while sitting on a toilet seat, and it is thus impossible to reveal oneself only after sitting, or to cover oneself before standing up. Nowadays, then, the practical application of...

The Gemara in Masechet Berachot (5b) teaches that it is praiseworthy to position one's bed to the north or south, and one who makes a point of doing so is rewarded. Rashi explains that the Shechina's presence is to the east and west, and thus it would be disrespectful for a bed, where marital relations take place, to face either of these two directions. Talmideh Rabbenu Yona (commentary by the disciples of Rabbenu Yona, Spain, 1200-1263) offer a different explanation, noting that inside the Bet Ha'mikdash, the Menorah was situated along the southern wall, whereas the Shulhan (table) was to...

If a person must perform his bodily functions out in the open – such as if he is hiking or camping, or is driving and needs to relieve himself on the roadside – he should ensure to move away from the view of people. It suffices for him to be far enough that his private parts are not visible, even he can be seen. If one goes behind a wall, such that he is not visible to others, this suffices even if he can be heard. Although he might prefer not to be heard, this would not constitute a breach of modesty from...

The Gemara (Berachot 60b) teaches that before entering the restroom, one should make a declaration (beginning with the words "Hitkabedu Mechubadim") asking the angels that accompany him to wait outside, and to protect him, while he performs his bodily functions. As the angels do not enter the restroom, the individual respectfully addresses them before he enters, explaining that he needs to briefly leave them so he can tend to his bodily needs. Maran (Rav Yosef Karo, author of the Shulhan Aruch), in Bet Yosef (Orah Haim 3), cites Rav David Abudarham (Spain, 14 th century) as commenting that this prayer was instituted...

In earlier installments, we saw that one may not delay using the restroom when he needs to perform his bodily functions, and delaying transgresses the prohibition of "Ve'lo Teshakesu Et Nafshotechem" – "You shall not make yourselves repulsive" (Vayikra 20:25). A number of Poskim cite a work entitled Shulhan Shelomo as applying this rule also to nasal secretions, which is a form of bodily waste that needs to be discharged. Delaying the expelling of these secretions from the nose – like delaying the expelling of bodily waste – qualifies as "repulsive" and is thus forbidden. Rav Yisrael Bitan explains that the Shulhan Shelomo follows consis...

If one wakes up in the middle of the night with a need to use the restroom, he should get out of bed despite the inconvenience in order to perform his bodily functions, in fulfillment of the Halacha that forbids restraining oneself from using the restroom. In such a case, if the person plans to go to back to sleep after using the restroom, the question arises regarding Netilat Yadayim. In order to recite the Beracha of Asher Yasar after using the restroom, one must wash his hands. Normally, of course, one does not recite the Beracha of "Al Netilat...

he Yalkut Yosef cites a source addressing the case of a healthy individual who frequently feels the need to move his bowls even though this need does not really exist. There is a kind of inflammation that triggers a sensation as though one needs the restroom when in fact he does not. The cure for this condition is to accustom oneself to restraining the urge to use the restroom. Although Halacha generally forbids delaying the performance of bodily functions, nevertheless, in a case where there is a medical need to do so, this is allowed. As we have seen, the...

The Torah value of Seni'ut – modesty – applies even in private, and even when one uses the restroom. Although one might intuitively assume that G-d is not present in the restroom, and does not descend into places of filth, the truth is that G-d is present everywhere. He is incapable of getting dirty, or becoming contaminated, and so He is present even in the lowliest and dirtiest locations, including the restroom. As such, Halacha requires conducting oneself appropriately even when using the restroom. The importance of this concept can be seen in the Gemara's discussion in Masechet Berachot (62b) about the stor...

A number of works, including the Mesilat Yesharim and the Sefer Ha'hinuch, develop the idea which might be called the rough equivalent to the moder-day phrase "fake it till you make it." This means that even if a person does not feel religiously driven or motivated, he should nevertheless do the actions, repeatedly, and with time, the emotions will come. For example, even if a person does not feel like praying, he should try to walk briskly to the synagogue, as though he's excited to pray, as this will eventually lead to zeal and enthusiasm for Tefila. And this is...

The Shulhan Aruch (Orah Haim 2:6) writes that one must not walk "Be'koma Zekufa" – fully upright, with his head held high. This is based on the Gemara's teaching in Masechet Berachot (43b) that if a person walks in an overly confident, arrogant manner, he "crowds out" the Shechina. Elsewhere (Sota 4b), the Gemara states that an arrogant person is considered like a heretic, and like an idol-worshipper. G-d refuses to live together with an arrogant individual, because the world was created for His honor, not for the honor of human beings, and thus G-d's honor is meant to fill the entire ea...

Parents should preferably have their boys wear a Kippa already once they begin walking. At very least, they should wear a Kippa from the age of three, the age at which many parents give their sons their first haircut. As discussed in an earlier installment, wearing a Kippa helps instill within a child Yir'at Shamayim (fear of G-d), and so it is important that children be trained to wear a Kippa already from a young age. When a person rises in the morning, he should put on his Kippa first, before any other article of clothing. The head is the...

The Shulhan Aruch (91:5) brings the opinion among the Rishonim that it is forbidden to recite a Beracha with one's head uncovered. Others, however, including the Maharshal (Rav Shlomo Luria, Poland, 1510-1573), ruled leniently, and maintained that it is technically permissible to recite a Beracha bareheaded. Some drew proof to this opinion from the Gemara's listing of the morning blessings, which, it appears, were recited in Talmudic times not all together (as we recite them today), but as one experienced each phenomenon – such as reciting "Poke'ah Ivrim" upon opening one'is eyes, "Zokef Kefufim" when standing out of bed, and so on. On...

Rav Moshe Feinstein (1895-1986) addressed the situation of a man who scheduled a job interview and felt that he stood a better chance of receiving the job if he showed up without a Kippa. Is it permissible for a person to remove his Kippa for the interview in this case if there was a reasonable concern of possibly forfeiting a job opportunity? Rav Moshe noted the Halacha that sets limits on how much a person is required to spend for the sake of fulfilling Misvot. When it comes to avoiding the transgression of a Misvat Lo Ta'aseh (Biblical prohibition), there...

It is clear that one may not speak words of Torah while he is unclothed. However, we saw in an earlier installment that Hacham Ovadia Yosef permitted silently thinking words of Torah while unclothed, because Halacha follows the opinion that thinking is not equivalent to speaking. Hacham Ovadia goes even further, allowing one to think about Torah matters while bathing. Halacha explicitly forbids thinking about Torah matters in unclean places – such as a restroom or a bathhouse. However, Hacham Ovadia maintains that a private bathing room in one's home, which is generally kept clean, differs from a public bathhouse (such as...

Is it permissible to answer "Amen" when one's head is uncovered? This question occasionally arises in the morning, when a person removes his Kippa in order to properly position his Tefillin Shel Rosh, and he hears a Beracha recited during those moments when his Kippa is off. Another example is a person who hears a Beracha in the barbershop while taking a haircut. Is he allowed to answer "Amen"? Some thought to forbid responding "Amen" bareheaded in light of the Gemara's teaching (Berachot 53b) that one who answers "Amen" to a Beracha is deemed greater than the person who recited...

The work Va'yomer Meir addresses the situation of a Jew who was involved in a court case, and the courthouse officials forbade him from wearing a Kippa. The question arose as to whether this man was permitted to review Torah topics in his mind during his time in the courthouse, despite being bareheaded. This issue hinges on the question of "Hirhur Ke'dibbur" – whether or not we consider thinking akin to speaking. The Rambam maintains that silent thoughts are indeed halachically equivalent to spoken words, in which case one may not think Torah thoughts while not wearing a Kippa. However, Hacham Ov...

The Zechor Le'Abraham (Rav Abraham Alkalai, 1750-1811) observes that some people ensure to keep their heads covered while walking about in the Mikveh, and not only when they actually immerse. He writes that this is an unfounded stringency that has no basis or reason. He explains that the Shechina does not reside in the bathhouse, and so there is no need to cover one's head, an act which is intended to make us aware of G-d's presence above us. The Hida (Rav Haim Yosef David Azulai, 1724-1806) similarly writes that there is no reason to cover one's head while in...

As we've seen, one should avoid putting on two articles of clothing simultaneously, as this can result in forgetting one's Torah knowledge. The reason is that a special "Or Ha'makif" ("supernal light") surrounds our clothing once we put them on to protect them from the forces of impurity, and when a garment is inside another garment, this light cannot reach it to provide protection. The question was asked concerning men who leave their ties tied around the neck of their shirts. Seemingly, a man should not put on a shirt with the tie already on it, because he is then...

The Bet Yosef cites the ruling of the Terumat Ha'deshen (Rav Yisrael Isserlin, 1390-1460) that covering one's head with his hand does not suffice to permit praying and reciting Berachot, since the hand is part of the same body as the hand. The clear implication of this ruling, as the Bet Yosef notes, is that another person's hand is considered a legitimate head-covering to permit praying and reciting Berachot, as that hand is not part of the same body. The Bet Yosef rules accordingly in the Shulhan Aruch. There is a minority opinion – that of the Maharshal (Rav Shlomo Luria, Po...

One's Kippa should preferably be large enough to cover the entire head or the majority of the head. If, however, one prefers a smaller Kippa, this is acceptable, as long as it can be seen from all sides. One should not wear a Kippa so small that cannot be readily discerned from all sides. This is the ruling of Hacham Ovadia Yosef. Hacham Ovadia Hedaya (1889-1969), in one of his published responsa (Yaskil Abdi, vol. 6, p. 292a), writes that he would often reprimand people for wearing very small Kippot. Even one who normally wears a smaller Kippa, that does not...

As we have seen, even if wearing a Kippa cannot be defined as an outright Halachic obligation (except while praying, reciting Berachot, and eating), it is proper to ensure not to walk four Amot (cubits) with one's head uncovered. It is considered a special act of piety to avoid walking even shorter distances without a Kippa. The Maharshal (Rav Shlomo Luria, Poland, 1510-1573), surprisingly, writes that this entire concept applies only outdoors. Indoors, he writes, there is no need to wear a Kippa – even as a measure of piety – because there is a roof over one's head, and this suffices to r...

The Gemara in Masechet Kiddushin (31a) tells that Rav Huna son of Rav Yehoshua made a point of always keeping his head covered, and he explained that since the Shechina hovered over his head at all times, it is appropriate to cover one's head as a sign of respect. This same Rav Huna is cited elsewhere (Shabbat 118b) as saying that he was worthy of reward for ensuring never to walk four Amot (cubits) with his hair uncovered. In a different context (Shabbat 156b), the Gemara teaches that wearing a hair-covering helps engender Yir'at Shamayim (fear of Heaven) and thus...

It is permissible to handle one's clothes and dress himself immediately upon waking in the morning, even before washing his hands, though one who is stringent in this regard, and ensures to wash Netilat Yadayim before touching his clothing, is deserving of special blessing. However, this applies only to one who went to sleep before Hasot (Halachic midnight). If one went to sleep after Hasot, then there is no reason whatsoever to avoid touching his clothes before Netilat Yadayim, not even as a measure of piety. The Kabbalists teach that the impurity which descends upon the hands while one sleeps...

The Gemara (Shabbat 129a) teaches that one should ensure to purchase shoes for his feet even if this necessitates selling the "ceiling beams of his house." This might mean that the protection provided by shoes for the feet is more important than the protection provided by the roof of one's home. Elsewhere (Pesahim 113b), the Gemara warns that one who goes about barefoot is "excommunicated by G-d." Different reasons have been given for why one should not walk about without shoes. Rashi explains that walking around barefoot is undignified, and Torah Jews are obligated to conduct themselves in a dignified...

When putting on shoes, as we have seen, one should put the right shoe on before the left shoe in order to show importance to the right side, though he should tie the laces of the left shoe before the laces of the right shoe, because the left side has greater importance with respect to tying. When removing one's shoes, one should show respect to the right side by reversing the sequence – removing the left shoe first, so that the right shoe remains on the foot for longer. Intuitively, we might assume that the entire process should be reversed, such th...

We have seen that although one should put his right shoe on before his left shoe – because precedence is always given to the right side – nevertheless, one should tie his left shoe before his right shoe. This is because the Torah commanded tying Tefillin to one's left arm, indicating that with regard to tying, the left side has greater importance than the right. Seemingly, then, this Halacha should not apply to women, who do not wear Tefillin. For them, we might assume, the left has no special importance with regard to tying. Accordingly, Rav Shlomo Zalman Auerbach (Jerusalem, 1910-1995) maintained that...

We have seen that although the right side is always given precedence over the left, the left shoe is tied before the right shoe, because the Tefillin is tied to the left arm, showing that with regard to tying, the left is given precedence. Seemingly, this would mean that a lefthanded individual – who wears Tefillin on his right arm – should tie his right shoe first. In truth, however, the Halacha in this regard depends not on whether a person is lefthanded, but rather if he is "left-legged" – meaning, if his left leg is stronger than his right leg. If it is, th...

The Gemara in Masechet Shabbat brings the ruling of Rabbi Yohanan that when one puts on shoes, he should put his left shoe on before his right shoe. He notes that Tefillin are worn (by righthanded people) on the left arm, indicating that the left side, at least in some respects, is given precedence over the right side. Rabbi Yosef, as the Gemara cites, disagrees, quoting a Berayta establishing that the right shoe should be placed first. The Gemara concludes that the proper thing to do is to accommodate both opinions, by placing the right shoe before the left shoe...

The Gemara (Shabbat 61a) teaches that if one is applying oil on his entire body, he should begin with the head, which is the "king," so-to-speak, of the body. The Rama, in Darcheh Moshe, cites Rav Abraham of Prague (d. 1542) as asserting that this applies also to bathing; when one washes his body, he should wash his head first. The Rama then proceeds to cite a passage from the Rambam which seems to imply that one may wash the rest of his body first, before the head, and that there is no need to wash the right side of one's...

There is a basic rule that the right should always be given precedence over the left. The right side is associated with the divine attribute of Hesed (kindness), whereas the left is associated with judgment, and so we always strive to give precedence to the right side so that kindness shall prevail over judgment. When bathing, then, one should wash the right side before his left side. (The Kabbalists first wash their head, followed by the right side of their torso and then the left, and they conclude with the feet.) When one dresses himself in the morning, he should...

The Gemara (Horiyot 13b) warns that sleeping with one's garment under his head can cause him to forget his Torah knowledge. In airports, for example, when flights are delayed, people sometimes place their jacket beneath their head so they can rest. One should avoid doing so, as this could cause him to forget his Torah knowledge. However, this applies only if one places his head directly on the garment. If there is something in between, then there is no concern. Hence, one may lay his head on a piece of luggage even though it contains clothing. According to one opinion...

In earlier installments, we noted the Arizal's teaching that one should not put on two articles of clothing simultaneously – such as putting on a hat with the Kippa inside it – as this could cause a person to forget his Torah knowledge. The reason, as we discussed, is that the inner garment will be concealed and thus unable to receive the "Or Ha'makif" ("supernal light") that surrounds our clothing to protect them from harmful spiritual forces. It would seem, at first glance, that this is relevant only to putting two garments on at the same time, because it is then when we w...

June 16 first through 5:25 As explained in an earlier installment, the Arizal warned that putting on two articles of clothing simultaneously could have an adverse effect on a person, causing him to forget his Torah knowledge. This gives rise to the question of whether one may put on his shoes when they are inside rubbers. Often, in the winter, people take off their shoes when entering the home together with the rubbers, keeping the shoes inside the rubbers. Then, when they go back out into the snow, they simply put the shoes with the rubbers on their feet. Seemingly, this should...