Chapter 5 : Chapter 5 Cleanliness of the Place Used for a Sacred Purpose

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§1

It is written: "You shall cover your excrement because Hashem, your God walks in the midst of your camp … your camp shall be holy and there should not be seen in you any unclean thing."¹Deuteronomy 23:14–15. From here our Sages, of blessed memory, infer that wherever Hashem, our God walks with us, meaning when we are engaged in a sacred matter such as reciting the Shema, or prayers, or study, Torah, or the like, the place must be holy. No uncovered excrement should be found there nor any nakedness be visible in the presence of the person reciting the Shema or praying.

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§2

Even to think of sacred things in a place with excrement or urine or anything with a foul odor is forbidden unless it is covered, as it is said: "You shall cover your excrement."²Deuteronomy 23:14. [In the case of urine] you may pour a reviyis³See glossary for equivalent. of water into the urine. It is immaterial if the urine was originally in a vessel and you then poured water into it or if the water was in the vessel first. (If the urine was in a trough specifically designated for it, the mixture with water does not help as is explained later in par. 13). For two urinations, we require two revi'iyos of water and so on.⁴According to Mishnah Berurah a revi’is is sufficient even for many urinations. Even if the urine was absorbed into the ground or in a garment, as long as there remains some moisture from it, water must be poured over it.

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§3

If there is some excrement on the body, even if it is covered with clothing it is forbidden to speak about sacred things as it is said: "All my bones shall say, Hashem who is like You?"⁵Psalms 35:10. Therefore the entire body must be clean. Some authorities are lenient in this matter, but it is proper to follow the stricter opinion. If there is even the slightest bit of excrement on the edge of the anus, even if it is covered, according to all opinions it is of no avail, because in its original place it is more loathsome. In the case of one ill with hemorrhoids, see Magen Avroham 76: 8 who quotes from the Responsa of Radvaz, Volume III 315. The Magen Avraham concludes that such a person is not required to do anything [in order to pray.]⁶As long as there is no odor. This is true only if the hemorrhoids are external and without pus. If they are internal and there is constant seepage of internal, odorous matter, one must not pray or utter sacred words.

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§4

Wherever there is any doubt concerning the existence of excrement or urine we must take care not to utter a holy word until the place is examined. We should not pray in a house in which there is filth in the attic.⁷Or on another floor. (See Pri Megadim chap. 154 and Mishbetzos Zahav par. 1)

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§5

In the case of an infant—if others of his age are able to consume a kezayis⁸See glossary. of grain even when cooked, in the time that an adult can eat a quantity of bread equal to a p'ras,⁹Nine minutes. (in the Migdal Oz, authored by the great Gaon, Yaavetz, it states that this refers to a child of one year) we must distance ourselves from his excrement or his urine; and it is even preferable to keep away from the excrement of an infant who is merely eight days old.

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§6

We must keep a distance from the excrement of a person even when there is no foul odor. This also applies to the excrement of a cat, weasel, or from an Edomi hen, (a turkey). Excrements from other animals, beasts, or birds probably do not have a foul odor and we need not distance ourselves. However, if there is a foul odor, or a foul smelling carcass, and anything with a foul odor caused by decay, or from a chicken coup, we must keep a distance. We also must keep a distance from foul-smelling water. [Standing] water in which flax or hemp was soaked ordinarily omit a foul odor and we must distance ourselves from them just as from excrement.

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§7

When excrement has become so dry that is crumbles when rolled, it is considered as dust, provided it does not have a foul odor. However, if it becomes frozen, since it can revert to its original state when the weather becomes warm, it is still considered excrement. Excrement which is covered with snow is considered covered.

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§8

How much must we distance ourselves? If the excrement is behind you, you must keep a distance of four amohs from the spot where the foul odor ceases. Even if you are unable to smell anything, you must keep the same distance as if you actually did smell something. If it has no odor it is sufficient to keep a distance of four amohs. If the excrement is in front of you, you must remove yourself as far as the eye can see. Even at night you must keep the same distance you would keep if it were daytime. If the excrement is to your side the same strictness applies as if it were in front of you, and you therefore should turn aside so that it will be behind you.

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§9

If excrement is found, in a house in which a congregation prays even though it is found behind the chazzan and is distant from him, four amohs from the point at which the odor ceases, he nevertheless must remain silent and wait until it is removed or covered, because it is impossible that one of the congregation should not be within four amohs from the place where the odor ceases, and this man is forbidden to listen and to pay attention to what the chazzan is saying.

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§10

If you prayed and later found that the place contained excrement—¹⁰Within four amohs if it was a place that should have been inspected for possible excrement and you neglected to inspect it, since the prayer of the Shemoneh Esrei is in place of a Sacrificial offering, this Scriptural verse is applicable, "The sacrifice of the wicked is abominable"¹¹Proverbs 21:27. and you are therefore required to repeat the Shemoneh Esrei. Similarly, in regard to Shema which is a Biblical command; since there is no problem of reciting a berachah in vain you must again recite the Shema, without the berachos.¹²According to Mishnah Berurah, you should repeat the berachos. Likewise other berachos recited there, and even the Birkas Hamazon, need not be repeated.¹³According to Mishnah Berurah you should repeat the Birkas Hamazon. If the place is one that did not require inspection for excrement, you are not considered negligent, and even in regard to Shemoneh Esrei your obligation is fulfilled. If urine is found, even in a place where its existence should have been suspect, your obligation is fulfilled even in regard to Shemoneh Esrei.

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§11

If a person flatulates, he is forbidden to utter anything holy until the odor evaporates. If his neighbor¹⁴Who is sitting or standing near him. flatulates, he also must wait untilthe odor evaporates. But if he is engaged in studying Torah, it is not necessary for him to wait for the odor to evaporate when it is emitted from his neighbor.

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§12

In the case of a lavatory, even if it has partitions and has no excrement, we must keep a distance from it [when praying]. Therefore, a seat in which there is a hole under which a container is placed to retrieve excrement, even if the container is removed and the hole is covered with a board, this seat nevertheless is regarded halachically as a lavatory, and must be removed from the house [i.e. room] or completely covered. However, there are chairs designated for sitting and covered with a cushion, and when the need arises the pillow is removed and the chair is used as a toilet. The pillow is then returned to its place. In this case we may be lenient.¹⁵And the chair is not considered a lavatory.

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§13

A bed pan for holding excrement or a urinal, if they are made of earthenware or wood are regarded as a lavatory. Even if they are clean and have no foul odor, and even if water was poured into them or they were inverted, it is to no avail. Even if they were placed under a bed, it is of no avail (because our beds do not serve as partitions), rather they must be removed from the house or covered. If they are made of metal or of glass, if they are washed well and have no foul odor, there is no need to keep a distance from them. With regard to the mouth of a hog, since it pecks at excrement, it has the status of a bed pan. Even if it [the hog] emerges from a river, the washing does not change its status.

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§14

In a bathhouse it is also forbidden to speak or think about sacred matters. It is also forbidden to mention the specific Names of the Holy One, Blessed is He, even in a secular language, (for example Gott in German, or in any other language) in a bathhouse or in a filthy alley. Similarly it is forbidden to extend shalom to your friend there, because Shalom is the Name of the Holy One blessed is He. As it is said: "And he called it Hashem Shalom."¹⁶Judges 6:24 Gideon built an Altar and named it Hashem Shalom. Regarding a person whose name is Shalom, some authorities forbid calling him by his name in the above-mentioned places. Others permit it since the intent is not the concept of peace but merely to mention the name of that particular person. Our practice is to be lenient. However, a God-fearing person should preferably adopt the stricter view.

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§15

It is forbidden to speak words of Torah or other sacred words in the presence of nakedness, whether your own or another's. Even a small child's nakedness is included.¹⁷According to Mishna Berurah, this applies only to a boy of nine or a girl of three. (An exception is for the mitzvah of milah,¹⁸I.e., circumcision. when a berachah may be recited in the presence of the child's nakedness.) Even closing your eyes in order not see the nakedness does not suffice, since it is in front of you, but you should turn your face and body away from the nakedness.

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§16

With regard to the body of a woman, any place that is customarily covered for modesty, of which a tefach¹⁹A handbreadth, tefach. See glossary. is revealed, [is considered nakedness]. The hair of a married woman should be covered, and if part of her hair is revealed, it is in the same category as nakedness as far as a man is concerned.²⁰According to Mishnah Berurah, in the case of uncovered hair, you would be permitted to make a berachah if you closed your eyes. There is no distinction between his wife or any other woman. However, [when it is exposed] in the presence of another woman, it is not considered nakedness.²¹A woman’s hair is not considered nakedness in regard to another woman. The voice of a woman while singing, is also considered nakedness. Nevertheless, in unavoidable circumstances when you hear women singing and cannot prevent it, you should not refrain from reciting the Shema, prayers, or Torah. Rather, you should concentrate intensely upon the sacred subjects in which you are engaged, and pay no attention to their singing.

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§17

If your heart sees your own nakedness, even if your private parts were covered, as when wearing a robe, it is also forbidden to recite any sacred text. You must either wear trousers, which cling to your body, or put on a belt, or place your arms against your robe, in order to create a separation between your heart and your nakedness. A woman is not required to do this.