Selected Halachos from the “One Minute Halacha” project
By HaRav Yosef Yeshaya Braun, Shlita, Mara D’asra and member of the Badatz of Crown Heights
IS IT PERMISSIBLE TO PRAY IN A MULTI-FAITH PRAYER ROOM?
Hospitals, airports and prisons usually designate a certain area as a “Prayer Room” for people of all faiths. In hospitals and airports, where the place is used only temporarily by individuals passing through, it would be permitted, provided that the halachos governing any t’filla (prayer) are adhered to (such as that any women who are in view are dressed in a tznius—modest—manner) and that there are no overt icons of other religions (like a cross) present—or they are covered while Jews pray.
Prisoners who need to use a prayer room on a regular basis have a greater halachic issue with utilizing such a space. Nevertheless, it is permitted if it is the only available and appropriate place that would allow them to concentrate on davening. Halacha states that b’shaas hadechak (in pressing circumstances), even a place of gilulim (idols) may be used for prayer.
M’aras HaMachpeila (the Tomb of the Patriarchs) is used as a shul despite the fact that it is also a permanent place of worship for another religion. However, M’aras HaMachpeila differs from multi-faith prayer rooms due to a number of distinctive factors: It was a Jewish place of t’filla long before it was sequestered by Moslems; in addition, it is less problematic to utilize a mosque than a church, on account of important differences in doctrine inherent in those faiths.
MAY I LIGHT SHABBOS CANDLES IN MY APARTMENT IF THE LANDLORD SAYS NOT TO?
It is the renter’s—and every individual’s—responsibility to take all necessary precautions to prevent their Shabbos candles—or their menorah on Chanukah—from posing a fire hazard, and not to leave lit candles unattended. However, a renter (termed socher in halacha) is not bound by any new conditions their landlord might impose after the rental agreement has been signed.
Someone who is borrowing living space is responsible to prevent any damage to the premises in the course of their stay. Although a borrower (shoel) does not pay for accommodation, the transmission of responsibility for the premises constitutes a form of halachic kinyan (acquisition), even if it is only implicit and not verbalized or transcribed. The borrower, as the renter, is only obligated in the original regulations concerning their stay, and the owner cannot later demand they refrain from using candles in a responsible manner.
On the other hand, a houseguest who does not have any type of agreement with their host—such that the length of their stay is at the whim of the homeowner, is bound to follow all their instructions, whether they were set out at the beginning of their stay or added at a later time.
PLUNGING A CLOGGED TOILET ON SHABBOS
The Gemara discusses a rainwater pipe that becomes blocked on Shabbos by grass growing inside or getting washed in. It is mutar (permitted) to stomp down on the obstruction if it is done unobserved (b’tzin’a). Although removing the grass (or leaves) in the regular manner is assur (forbidden), we may use our feet to clear the obstruction since it is k’lachar yad (“backhanded”, i.e., indirectly); since water might otherwise leak into the house and cause the homeowner to suffer a great loss, resolving the issue with a shinui (change) from the usual manner is permitted.
With the advent of indoor plumbing, contemporary poskim vigorously debate this issue and compare the crude sewer system of old to modern toilets—how unblocking the gutter and removing clumps of grass may or may not be comparable to using a plunger on indoor plumbing. They also question the nature of the Gemara’s stance: which melacha (forbidden work) does stomping circumvent? Is clearing the pipe an issur d’Oraisa (Biblical prohibition) of mesaken mana (fixing a vessel—which is a derivative of makeh b’patish—the final hammer blow) or is tearing the grass the issur d’Oraisa of tolesh (detaching, a derivative of kotzer—harvesting)? Or is clearing a drainpipe just an issur d’rabbanan (Rabbinic restriction) of nir’eh k’mesaken (appearing to repair a vessel)?
On one side, there are poskim who claim that plunging a toilet is a completely different function than clearing grass from a pipe—it is only an alternative to regular flushing and does not involve any foreign substance. It is a normal and temporary, if unpleasant, outcome of normal usage and not the result—like a blocked gutter—of long-term neglect. Others maintain that the growing grass is the issur d’Oraisa referred to by the Gemara and plunging a toilet does not interfere with any vegetation. There are authorities who state that clearing the debris in a modern plumbing system doesn’t involve breaking up a solid obstacle, unlike clumps of grass in pre-modern (and current-day) gutters. In all these cases, the entire issue becomes, at most, an issur d’rabbaban—so clearing the toilet with a plunger is permitted, since factors such as human dignity and comfort allow for leniency.
However, those halachic authorities who argue that clearing the toilet is related to the issur d’Oraisa of mesaken would consider a plunger the usual manner of clearing a pipe—unlike a human foot—and we would therefore be hard-pressed to find leeway for using it routinely on Shabbos. (In this category, there are some poskim who distinguish sluggish performance from a complete blockage—since the former does not involve changing the toilet’s status from non-functioning to useable.)
In the absence of a clear p’sak on plunging, these are the practical solutions: Waiting to deal with the issue until after Shabbos, if possible, is ideal and other means of un-stuffing a toilet (such as applying pressure with a high stream of water) can also be attempted. A non-Jew would be permitted to un-clog a toilet (or another plumbing problem, such as a backed-up drain) on Shabbos—even among the strictest of contemporary poskim, most rule that this is permissible. It is also acceptable for a Jew to use the plunger either with a shinui from regular usage (such as plunging one-handed), or in tandem with another person, so the melacha is not performed by a single individual.
“One Minute Halacha” is a succinct daily presentation on practical Halacha in video, audio, and text formats, and can be accessed by phone at 718.989.9599, by email, halacha2go@gmail.com, or by WhatsApp 347.456.5665.