Siman 92

Preparation of the body, how so? If one needed to relieve himself, whether for minor or major needs—he should not pray, because it is said: "Prepare to meet your God, O Israel"; and it is said: "Guard your foot when you go to the house of God"—guard your orifices at the time you stand in prayer before Me (23b). And if he prayed—his prayer is an abomination when he needed to relieve major needs, and he must repeat the prayer (ibid.). But regarding minor needs—his prayer is a prayer (Magen Avraham, subsection 1), for with minor needs there is not such great filth. And even if the time for the recitation of Shema will pass—it is forbidden for him to pray when he needs to relieve his major needs. And regarding minor needs, the passing of the time is not applicable, for they are but a few moments. But for major needs, the exit is difficult for many people, and one is forced to tarry.

When did they say that he must return and pray again? When he was unable to restrain himself for the duration of a parsa, which is an hour and twelve minutes, for until this time he was forced to expel the waste and prayed in his absolute filth. However, if he was able to restrain himself for this duration—ex post facto his prayer is a valid prayer. But ab initio he should not pray until he checks himself very well beforehand; so wrote the Rambam in the fourth chapter and the Tur and the Shulchan Aruch, section 1. However, Rashi and the Rif there wrote that if he is able to restrain himself for a parsa—it is permitted for him to pray ab initio. And the poskim (the Rosh and Tosafot Ri and the Beit Yosef) rejected their words, for we have explicitly learned: One who needs to relieve himself shall not pray. And there is one who distinguishes between when the time will pass and when it will not pass (the Bach). And so too there is one who wrote that when the time will pass—he may rely on the Rif and Rashi (Magen Avraham, subsection 1). And even if it is possible that for the law one should instruct thus, nevertheless it seems in my humble opinion that they do not disagree at all regarding the law.

For behold, this is a simple matter: that if when he checks himself now waste will exit from him, he is obligated to check himself even though he is able to wait for the duration of a parsa or more. And regarding this we learned: One who needs to relieve himself—let him not pray. That is to say: until he checks himself. And this is why they concluded: "until he checks..." And also Rashi and the Rif, perforce, would admit to this. And how is it possible to say that it is not so? However, Rashi and the Rif intended a different matter: for behold, it is known that there are among the natures of human beings those for whom the exit is difficult, and no checking is effective. And regarding this they rightly said that if he cannot restrain himself for the duration of a parsa—that is to say, he knows that during this interval he will be forced to expel waste, even though now it is not within his power—let him not pray. And if he prayed—his prayer is an abomination, and he must return and pray. But when he can restrain himself for the duration of a parsa—he may pray now ab initio, since it is not within his power now. And if you ask: from where does he know this? This is no question at all, for every person knows his own nature, and in this the Rambam, the Tur, and the Shulchan Aruch would also admit. So it appears to me as the primary halachic ruling.

And anyone who needs to relieve himself—it is forbidden even to speak words of Torah, as long as his body is loathsome from the excretions. And he is obligated to remove his phlegm and mucus before the prayer, and likewise any matter that distracts him he shall remove before the prayer. And likewise if his face and hands are soiled—he shall remove the filth before the prayer. And he shall remove the filth from his nose, and clean his eyes and ears. And likewise if the hairs of his head are disheveled—he shall smooth them with his hands, so that they are properly arranged like one standing before the King.

And if in the middle of the prayer he feels a desire for his needs, our teacher, the Beit Yosef, ruled in section 2 that he should restrain himself until he finishes and should not interrupt. And if he feels the desire during the time of the recitation of Shema and its blessings, whether for minor or major needs—he recites in his usual manner. And if he wished to distance himself and urinate—he may do so. Thus far his words. Our teacher, the Rema, wrote that this is specifically when he does not desire it so much that it involves "bal teshaktsu." But otherwise, it is better to interrupt. Thus far his words. And he explained his reasoning in his book Darkhei Moshe: because in the responsa of the Rashba (siman 131) he ruled that he does not need to interrupt, and in the Terumat HaDeshen (siman 16) he ruled that it is forbidden. And it is necessary to distinguish thus, see there. And there is one who wrote that they certainly disagree. And in a congregation, one should certainly rely on the Rashba because of the greatness of human dignity, and even the Terumat HaDeshen admits to this. However, even when praying in private, one may rely on the Rashba (Magen Avraham, subsection 2), for since he began in a permitted state—he does not need to interrupt. (And regarding what the Magen Avraham wrote that it is a rabbinic prohibition, see there—it requires further study. For even granted that "bal teshaktsu" is rabbinic, nevertheless, to pray or to recite appears to me to be forbidden by the Torah. And it appears to me that what he wrote regarding urinating—the same law applies to major needs, and it is an a fortiori argument.)

And I wonder at all these matters, for in the Terumat HaDeshen it is a different matter regarding what they said, that if one sought to flatulate—he distances himself four amot and flatulates, and waits until the odor dissipates, and it will be explained in siman 103. And the Terumat HaDeshen wrote this, that he did not see people behaving thus. And he wrote the reason: that in a congregation it is a disgrace for him to do so, and "great is the dignity of people," which overrides the prohibition of "do not make yourselves detestable." And what relevance does this have to one who needs to relieve himself and must exit the beit din entirely? For because of this, the Rashba permitted him to finish his prayer since he began in a permitted state. And our teacher, the Rema, in siman 103 brought these words of the Terumat HaDeshen, but it has no relevance to one who needs to relieve himself, who must exit the beit knesset entirely. And it requires great study, and see the following section.

Moreover, one must wonder about the Rashba: Granted that in prayer it is forbidden to interrupt, but in the recitation of Shema and its blessings, why should he not interrupt? Is it any worse than "responding out of respect"? One must say that he holds it is completely permitted since he began in a permitted manner. And it is not comparable to sneezing in siman 103, where one must interrupt even in prayer, for that is not called an "interruption" but rather that he distances himself slightly from his place. However, regarding his orifices where he is forced to go out to the beit hakise – it would be a complete interruption. From this there is clear proof for what we wrote in the previous section, that the ruling of the Terumat HaDeshen is not relevant to this matter at all.

One must wash his hands with water before the prayer if he has water here. And if he does not have it—he must seek it out for up to a parsa. And these words apply when he is traveling on a path, and there is water before him on the path he must travel for up to a parsa. But if he must return behind him for up to a mil—he returns, and for more than a mil—he does not return. And likewise when he is sitting in his house, he must exert himself for up to a mil. And all this is when the time for prayer will not pass. But if he fears that the time for prayer will pass—he does not need to seek out water in any case, but rather he should clean his hands with a pebble or with dust or with anything that cleans. And according to the opinion of the Rif, even in such a case one must seek out water for the prayer, and only for the recitation of Shema is a pebble sufficient… (Taz subsection 1).

And when did they require him to use water? When his hands are soiled from things that require washing, or if they touched a filthy place. But if he does not know of any soil upon them and he washed his hands in the morning, even though he has diverted his attention since then, nevertheless he does not need to wash his hands nor to clean them, for ordinary hands are fit for prayer just as they are fit for other blessings. And so too regarding Mincha, if he washed his hands for a meal and does not know of any soil—he does not need washing or cleaning for Mincha. This is the opinion of the Tur in the name of "there are those who say," and such is the opinion of the Ran. But there are those who say that diversion of attention disqualifies for prayer, because ordinary hands are busy and certainly touched a place of filth. This is the opinion of the Rambam and the Rosh, and such is the primary ruling (the Gra"z). And even though for other blessings we are not concerned about ordinary hands—they are not similar to prayer which contains many blessings, and he is like one standing before the King. However, even according to this opinion, he is not obligated to exert himself for water when he does not have it at his place, since he does not know of any soil upon them. Rather, he should clean them with a pebble or with dust or with a beam or a wall, and this is effective for diversion of attention, for the reason for diversion of attention is perhaps a bit of sweat or excrement is attached to them, and when he rubs them with these things they will be wiped clean. And such is the law when he is standing in prayer and remembers that he touched a filthy place, and during prayer it is impossible to go from his place—he should clean them with these things. This is when he is standing in the Shemoneh Esrei. But during Pesukei D'Zimra or during the Shema and its blessings—he may go to wash his hands with water if there is water in the synagogue. But to go to another place—even in these cases cleaning with these things is sufficient. (So it appears to me, and see Magen Avraham subsection 3.) And for one constantly engaged in Torah, cleaning with these things is sufficient (ibid. subsection 5).

A "dirty place" refers to the covered places on a person. On the hand up to the elbow is called "uncovered," and on the neck until the chest, and from there onwards is called "covered." And when one touches there, he must wash his hands, and all the more so in places on the body that are completely covered. And by touching the hair of the head, he does not need washing, but if he scratched his head – he needs washing. And if he took a louse with his hands – he needs washing. But a flea, it seems to me that he does not need washing, for it is not as loathsome as a louse, unless he killed it. But a bedbug, which they call a "wantz," is a loathsome thing and needs washing. And scratching his beard or the pe'ot is nothing.

Our teacher, the Rema, wrote in section 7 that therefore it is forbidden to touch these places while standing in prayer or engaged in Torah, and likewise regarding earwax and mucus, except by means of a cloth. Thus far his words. It is implied from his words that for mucus one requires washing when he touches it with his hands, but I have not seen people being careful in this. It appears to me that for mucus and earwax one does not require water, but rather cleaning against a wall or a beam, and all that has been explained. It seems to me that such is the custom. There is one who disagrees with this entirely (the Gra, subsection 16, and Mor U'Ketziah). And contemplation is permitted when one has touched filthy places (the Gaon Rabbi Akiva Eiger). (From the wording of the Shulchan Aruch it is implied that specifically in a place where there is sweat or beads of sweat one requires washing, see there in section 7.)

We say in Megillah (27b): One who urinates shall not pray until he waits four amot because of sparks. And so it is in the Tur and Shulchan Aruch, section 8. Rashi explained "because of sparks" – so that his garments do not become soiled by the sparks that are in his organ. Thus far his words. And it appears that this is the explanation: that at the time he finished urinating – he should not yet walk from the place where he urinated until the time it takes to walk four amot, because sparks are still dripping within this measure. And according to this, even without prayer one should be concerned, for he must recite the blessing "Asher Yatzar." And perhaps for one blessing they were not so concerned, and so it is implied from the wording of the Levush who wrote that it is like one who prays facing the sparks, see there. And automatically, even if he did not do so – he is obligated to wait this measure until they are absorbed in his garment (it appears to me).

One who prays should not urinate until he waits the duration of four amot, for all this time his prayer is fluent in his mouth and he might meditate upon it at the time he urinates. And the same law applies to one occupied with Torah. And from the language of the Shas and the poskim who wrote that for all four amot his prayer is fluent in his mouth, and his lips are still moving—it implies that they were only particular regarding speech, and if so, perhaps regarding Torah one need not be particular, as words of Torah are not as fluent in his mouth as prayer. And it requires further study why they did not also concern themselves with meditation. And it is permitted to urinate in the place where he prayed when he prayed in a courtyard or in a field. And it is a measure of piety not to urinate there (Gemara ibid.). And similarly, one who spits should not pray until he waits four amot, so that it should not appear as if he spat upon what he will say afterward. And all the more so when he has prayed, he should not spit until he waits four amot. And specifically if he spat of his own will. But if saliva happened upon him and he is forced to spit, such as phlegm or mucus—it is permitted, for everyone sees that he is forced to spit. And it is good to give tzedakah before prayer. And there are those who wrote to give when he reaches "Vayivarech David...". (It is written in Sefer Hasidim that one should not urinate or spit in a place where he covered the blood of a bird, while the blood is still visible. And it is brought in Shabbat 50b: A person washes his face and hands in honor of his Creator.)