BERACHOS 25 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

Berachos Chart #3

Chart for Berachos Daf 25b

THE PROHIBITION AGAINST LEARNING TORAH
NEAR EXCREMENT AND FOUL SMELLS
(based on the introduction of the Mishnah Berurah to OC 79)

(A)
THE PROHIBITION (MID'ORAISA, MID'RABANAN, OR PERMITTED)
(B)
HOW FAR MUST ONE DISTANCE HIMSELF
1 EXCREMENT BEHIND HIM
AND TO HIS SIDES
mid'Oraisa (1) 4 Amos from where it can no longer be smelled
2 EXCREMENT IN FRONT OF HIM Rashba: mid'Oraisa (4)
Rosh : mid'Rabanan (2)
As far as one can see
3 EXCREMENT WITHIN 4 AMOS (5), RESTING UPON A HIGH PLACE OR LOW PLACE mid'Oraisa (1) Higher or lower than 10 Tefachim (3)
4 EXCREMENT IN A
DIFFERENT ROOM
AND THE DOOR IS OPEN,
AND HE SEES IT
Rashba: mid'Oraisa (4)
Rosh : permitted
Rashba: by placing a divider before it,or by covering it
Rosh : by being in adifferent room
5 EXCREMENT WITHIN A GLASS (TRANSPARENT)CONTAINER, WITHIN 4 AMOS mid'Oraisa (1) by placing dividers around it, each 4 Tefachim wide (6), or by covering it
6 A FOUL SMELL
THAT HAS A SOLID SOURCE
mid'Oraisa (1) Same as excrement (1B,2B)
7 A FOUL SMELL
THAT HAS NO SOLID SOURCE
(SUCH AS PASSING GAS)
mid'Rabanan Until he can no longer smell it (9)
8 EXCREMENT THAT IS MOVING (BEING TRANSPORTED) mid'Oraisa (1) Same as excrement (1B,2B)
9 URINE IN FRONT OF HIM Actual flow: mid'Oraisa
Other urine: mid'Rabanan (8)
As far as one can see, or until one pours in a Revi'is of water
10 URINE BEHIND HIM AND TO HIS SIDES Actual flow: mid'Oraisa
Other urine: mid'Rabanan (8)
4 Amos, or until one pours into it a Revi'is of water
11 A GARBAGE PILE,
ANIMAL CARCASS,
AND OTHER EXTREMELY FOUL SMELLING ITEMS
mid'Oraisa Same as excrement (1B,2B)
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FOOTNOTES:

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(1) "V'Hayah Machanecha Kadosh" ("Your area shall be holy"), which refers to the four Amos of a person.

(2) According to the first answer of the Pri Megadim in his introduction to OC 79, since the Rosh (3:46) wrote explicitly that when the excrement is outside of his "area" ("Machaneh," or four Amos), it is permissible to recite Shema even if he sees it. Alternatively, the Pri Megadim suggests that perhaps the prohibition is mid'Oraisa, even according to the Rosh, reasoning that anything within a person's sight is considered his "area."

(3) This makes it that the excrement is no longer is his "area" but in a different domain. (According to the Rashba in 2A, this is permissible only if he cannot see the excrement where it is, see #4 below).

(4) According to the Rashba, the excrement forbids one from reciting Shema or other holy words in two ways: (a) when it is in his "area" and is uncovered in such a way that at least others can see it (even if he cannot see it). This is because the verse states, "Your area shall be holy;" (b) when he sees it and it is not covered at all, even if it is very far away. This is because the verse states, "There shall not be seen in you any disgusting thing." If it is covered entirely, the Rashba permits reciting Shema etc. while near it, based on the verse, "and you shall cover your excrement." See Insights.

(5) - if the excrement is beside him or behind him. The same is true if it is in front of him as far as he can see.

(6) It is then considered to be in a separate domain. According to the Rashba (see above, #4), it would seem logical to assume that only the second option works; only if it is completely covered by the glass is it permitted to be seen. However, it is evident from the words of the Pri Megadim and Mishnah Berurah (OC 79) that even according to the Rashba it is permitted if there are dividers surrounding it which do not cover it. (This is difficult to understand. From the words of the Rashba it seems that it is not permitted to study Torah when one can clearly see the excrement unless it is fully covered (with a transparent covering). Even if the excrement is outside, in another room, but one can see it clearly through a window, it is not clear that the Rashba would permit it, because the fact that it is in a separate room does not make a difference according to the Rashba when one can clearly see the excrement.)

(7) This prohibition applies to all "Devarim she'b'Kedushah" (holy words) such as Keri'as Shema and Shemoneh Esrei. Wearing Tefilin nearby, and even urinating while wearing them (in a place which was not designated for excrement), is permitted (TOSFOS 23a DH Chaishinan).

(8) Even if it is issuing forth drip by drip from someone's body (ROSH 3:47). However, if the urine has a bad smell, its prohibition is mid'Oraisa, as in 9:A.

(9) If it emanated from himself. If it emanated from another person, it is also prohibited to say Shema or Daven in its presence, but it is permitted to learn Torah in its presence. (That is, the Rabanan did not enforce this prohibition when it would cause Bitul Torah.)

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