HALACHICALLY SPEAKING
Compiled by Rabbi Moishe Dovid Lebovits
Reviewed by Rabbi Benzion Schiffenbauer Shlita
All Piskei Horav Yisroel Belsky Shlita are reviewed by Horav Yisroel Belsky Shlita

Daily Torah Archives
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Halachos Concerning The Bathroom Part 2


Two People Walking In At One Time

It is not modest for two people to go into the actual area where the toilet is.(6) There is no concern however to enter the bathroom two at a time. It is very common that a young child who is first learning to use a toilet needs a parent to help him in the process. The poskim say if a young child is afraid to go in by himself one is permitted to accompany him.(7) Some poskim are lenient and permit two women to enter an area where there is a toilet,(8) while others are stringent in this regard.(9)

Talking

Many people have a habit of talking while in the bathroom (even when one is not actually "using the toilet"). However, this practice is forbidden. Many poskim maintain that talking in the bathroom is not allowed if it is not a great tzorech when one is not using the toilet.(10) Some people take the phone in the bathroom and talk to their friends without thinking anything is wrong with it, but this should not be done.(11) When one is giving their child a bath and they are there for an extended period of time then talking is permitted.(12) When one is using the toilet talking is forbidden.(13) If one is expecting an important phone call and one could lose a lot of money by not answering the phone then some poskim are lenient.(14) One should be careful not to talk to anyone in the bathroom since it might cause the one in the bathroom to talk back to you.(15)

Footnotes
(6) Refer to Gemorah Berochos 62a, Maharsha, Darchei Moshe 3:1, Rama 3:2, Levush 2, Shulchan Aruch Harav 2, Ben Ish Chai Vayetzeh 1:6, Chesed L'alafim 3:3, Lekutei Maharich page 5b (New), Aruch Ha'shulchan 4, Halacha Berurah 3:3, See Mesechtas Bechoros 44b. This refers to one and his wife as well (Pri Megadim Eishel Avraham 1, Mishnah Berurah 3). (7) Magen Avraham 1, Be'er Heitiv 1, Eliyahu Zuta 1, Elya Rabbah 1, Shulchan Aruch Harav 2, Chesed L'alafim ibid, Mishnah Berurah 3, Masef Lechul Hamachanus 4:7, Halacha Berurah ibid. Refer to Artzos Ha'chaim 3:2 who says this is permitted if the child cannot talk yet. (8) Pri Megadim Eishel Avraham 2, Shulchan Aruch Harav 2, Masef Lechul Hamachanus 4:7, see Mishnah Berurah 4. (9) Ben Ish Chai ibid, Aruch Ha'shulchan 4, Kaf Ha'chaim 4, Halacha Berurah ibid. (10) Refer to Rashi Berochos 62a , "U'bais," Rambam Hilchos De'os 5:6, Rama ibid, Be'er Heitiv 2, Levush 2, Mekor Chaim page 16, Machzik Beracha 3:6, Siddur Yaavetz page 87:1, Masef Lechul Hamachanus 3:8, Lekutei Maharich page 5b (old), Mishnah Berurah 3:4, Kaf Ha'chaim Y.D. 116:113, Ketzos Ha'shulchan 4:2, Minchas Yitzchok 4:61, Be'er Moshe 5:1, Doleh U'mashka page 9. The Torah L'shma 24 says it is permitted to talk in a bathroom for a tzorech and you may talk as much as you need. (11) Refer to Gemorah Sanhedrin 19a, Rashi "meshum," Darchei Moshe 3:1, Magen Avraham 1, Be'er Heitiv 1, Shulchan Aruch Harav 3:2. Although the poskim say that women talk to each to each other in the bathroom to avoid an issur of yichud there with a man, this does not apply today since we have separate bathrooms for men and woman (Bais Boruch 3:4, see Kaf Ha'chaim 3:5). (12) Horav Yisroel Belsky Shlita, see Yugel Yaakov pages 1-2. (13) Refer to Machzik Beracha 3:3: page 130, Siddur Yaavetz ibid, Chesed L'alafim 3:2, Mishnah Berurah 3:4, Kaf Ha'chaim 3:6, Toras Chaim page 8:2. (14) Otzros Yosef 1:6, Sheiros Yosef 3:3, Yabea Omer 8:1, see Sharei Aaron 3:18. (15) V'ein Lumo Michshal 5:page 31:1.

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Halachically Speaking is a bi-weekly publication compiled by Rabbi Moishe Dovid Lebovits, a former chaver kollel of Yeshiva Torah Voda'ath and a musmach of Horav Yisroel Belsky, shlit"a. Rabbi Lebovits currently works as a Rabbinical Administrator for Kof-K Kosher Superivison.

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