Shulchan Aruch: Chapter 83 - Laws Relating to a Lavatory with Regard to Recitation of Shema

SECTION 83 Laws Relating to a Lavatory with Regard to the Recitation of the Shema. (1–5)

1 Just as it is forbidden by Scriptural Law1 to recite the Shema in view of feces, so, too, it is forbidden to recite [the Shema] in view of a functional lavatory, i.e., one that was used once for relieving oneself. [This applies] even if the feces were later removed. Since it was once classified as a lavatory, it is offensive and is not2 “a holy camp.”3 The prohibition is of Scriptural origin.

[This applies] even if its partitions4 are ten handbreadths high and thus demarcate a separate domain for whatever they encompass, and hence the feces are considered as being in a separate domain. Nevertheless, since these partitions are designated for this purpose, they are offensive, like a chamber pot.5 Even if the feces have been removed, one must distance oneself [at least] four cubits from [the partitions if they are behind him or to his side] and [step back] until they are out of sight if they are in front of him.

For this reason, one must take care not to recite [the Shema] or [Shemoneh Esreh] nor to think about words of Torah6 in a courtyard within sight of a lavatory, even if it is closed and the feces in it are not visible.

When does the above apply? If one constructed a room in his courtyard specifically for this purpose. If, however, one made a lavatory using the walls of a house or a courtyard, the laws pertaining to a lavatory do not pertain to these walls even though they also serve as the walls of the lavatory, since they are not designated solely for that purpose.7 It is permitted to recite [the Shema] even in actual proximity to these walls (as long as one is not near the space between them where one relieves8 himself and it is not withiin sight).

2 [Although] one [merely] designated a place or a room for a lavatory, but had not yed used it, he is forbidden to recite [the Shema] inside it according to Rabbinic decree. Since it is called a lavatory, it is disrespectful to recite [the Shema] in it.9 The Shema may, however, be recited in view of it, even within four cubits of it, for designating it alone is not sufficient to bring about a prohibition outside of it.

3 If a person facing two rooms said, “This room will be a lavatory and also this one,” it is forbidden to recite the Shema in either of them. If, however, he said concerning the second “and this room,” but not “and also this one,” it is uncertain whether the second [room] is considered as having been designated [for this purpose]. Initially, therefore, one should not recite the Shema [there], but if he did, he has fulfilled his obligation. If, however, one recited [the Shema] in a place where it is definitely forbidden to recite it, even if the prohibition is merely Rabbinic in origin, he must recite [the Shema] again, as stated in sec. 71[:6].10

4 If a lavatory is [above] a slanted trench and its opening is [at least] four cubits away from the pit so that the feces immediately roll and fall far from the opening, and similarly the urine descends immediately into the pit, it is considered as if [the filth] is closed off and as if there is not a lavatory there at all. ([This applies] whether there are partitions surrounding it or not.) It is permitted to recite the Shema there if there is no foul odor and one does not urinate outside the pit.11 If, however, people sometimes urinate in [the lavatory, outside the pit], (and this is done frequently), it is forbidden to think about words of Torah there. Needless to say, [it is forbidden] to recite the Shema there (even when there is no urine present), for this place where people urinate, outside the pit, is categorized as a lavatory. One must [therefore] distance himself four cubits away [in front or to the side of this place] or [step back] until it is out of sight.

(Nevertheless, if this place [is surrounded by] walls, they are not governed by the laws pertaining to the walls of a lavatory [in which instance one would be required to] distance oneself [from them].12 For they are only walls for a lavatory for urine, which once it reaches the ground, is the subject of only a Rabbinic prohibition.13 The feces in the pit [are of no consequence], because they are considered as being closed off and do not cause these walls to be considered as the walls of a lavatory.)

5 In houses that have a bench with a hole [for use as a lavatory seat], and [similar] small chairs for young children [beneath which a potty is placed], care must be taken that [these seats] are covered during the recitation of the Shema, Shemoneh Esreh, and words of Torah. Alternatively, they must be removed from the room in which one is praying or studying. Even if both their interior and exterior are clean, since they are designated to be sat upon while relieving oneself, they are considered like a lavatory, in which instance, even if they do not contain feces, one is required by Scriptural Law to distance oneself [at least] four cubits [in front or to the side of this place] or [step back] until they are out of sight.12