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Yoma 30

1) HALACHAH: WASHING ONE'S HANDS AFTER GOING TO THE BATHROOM

OPINIONS: The Gemara says that after a Kohen goes to the bathroom to urinate ("Mei Raglayim"), he is only required to do Kidush Yadayim v'Raglayim (to wash his hands and feet). This is necessary because after going to the bathroom, one is obligated to rub off any droplets of Mei Raglayim that might have fallen on his legs so that he not be suspected of being a Kerus Shafchah (someone with an anatomical disorder which disqualifies him from marrying into the Jewish community). Since one must rub off the droplets, he is therefore required to wash his hands. This reason requires that not only a Kohen wash his hands (Kidush Yadayim v'Raglayim) after urinating, but any Jewish male (Netilas Yadayim).

If not for that reason, though, it seems that one would not have to wash his hands after Mei Raglayim. Consequently, if one does not rub off any droplets, does he not need to wash his hands? Even if he does wash his hands, is it necessary to recite the Berachah "Al Netilas Yadayim" upon doing so?

(a) RABEINU TAM, cited by the Tosfos Yeshanim, writes that just like a Kohen does not have to do Kidush Yadayim v'Raglayim if he does not touch the Mei Raglayim, so, too, a non-Kohen does not need to wash his hands if he did not touch the Mei Raglayim. The reason is because the only requirement to wash one's hands is in order to clean them if they became dirty; the act of relieving oneself in this manner does not obligate washing the hands. For this reason, he writes, even if one's hands did become dirty by touching the Mei Raglayim, no Berachah of Al Netilas Yadayim is required, because this washing is not a Mitzvah unto itself, but it is being done just to clean oneself. It is comparable to one who has soiled his hands with dirt and washes them.

(b) The TOSFOS HA'ROSH agrees with Rabeinu Tam that if a person does not touch the Mei Raglayim, then he does not need to wash his hands. However, he argues with Rabeinu Tam and says that if one does touch the Mei Raglayim and must wash his hands, then he must also recite a Berachah ("Al Netilas Yadayim") for that washing. The Rosh compares this to washing one's hands in the morning. The Halachah requires that one recite a Berachah when one washes his hands in the morning, even though that act of washing is done only because he might have touched a dirty part of his body. We find, then, that washing one's hands to clean off dirt *does* require a Berachah.

However, the Rosh requires a Berachah only when washing one's hands for Tefilah (Shemoneh Esreh), but not for learning Torah.

It could be that the argument between the Rosh and Rabeinu Tam concerning washing one's hands with a Berachah is based on another argument regarding washing the hands. The SHULCHAN ARUCH (OC 4:1) rules that upon arising in the morning, one must wash his hands. The reason given by the ROSH is because the hands may have become dirty. For the same reason, he requires a Berachah when washing after Mei Raglayim if one's hands become dirty.

The RASHBA (see Mishnah Berurah ad loc.), however, argues and says that the reason for washing the hands in the morning is similar to the reason a Kohen must wash first before entering the Beis ha'Mikdash in the morning -- for Kedushah, to sanctify himself. Similarly, before one begins to Daven at the beginning of the day, he must wash his hands because of Kedushah. Rabeinu Tam perhaps holds like the Rashba, that the morning washing requires a Berachah not because one is cleaning off dirt from his hands, but because of Kedushah. In contrast, when washing one's hands after Mei Raglayim, which is not for Kedushah but to clean off the hands, one does not recite a Berachah.

(c) RABEINU ELCHANAN, cited by the Tosfos Yeshanim, says that one must wash his hands after urinating even if he did not touch any droplets. He learns this from our Mishnah which states that a rule in the Beis ha'Mikdash was that *every* Kohen who went to the bathroom for Mei Raglayim must do Kidush Yadayim v'Raglayim, without differentiating between those who touched the droplets and those who did not. The enactment requiring that the Kohanim wash their hands was an all-inclusive enactment ("Lo Plug"). Similarly, after urinating, everyone must wash the hands even if he did not touch the droplets.

The RITVA suggests another reason one must wash the hands even if one did not touch any droplets -- to fulfill the verse, "Erchatz b'Nikayon Kapai" (Tehilim 26:6), which teaches that one should prepare for Tefilah by being Mekadesh himself by washing his hands. (This would apply only when washing before Tefilah.)

HALACHAH: One must wash even if he did not rub off any droplets with his hands. One does not recite a Berachah of Al Netilas Yadayim on this washing, though. One does recite the Berachah "Asher Yatzar," though. (SHULCHAN ARUCH OC 7:1-2)

QUESTION: The Mishnah states that the Kohen Gadol would immerse in the Mikvah which was in a Makom Kadosh (sanctified area) atop Beis ha'Parveh. Rashi says that the Mikvah was on the roof of Beis ha'Parveh.

How can the roof be Kadosh? We learned in Pesachim (86a) that roofs above the Azarah are not Kadosh!

ANSWERS:

(a) TOSFOS (31a, DH v'Chulan) answers that the Beis ha'Parveh was built underground, and the rooftop was level with the ground of the Azarah. Rooftops which are level with the ground of the Azarah are Kadosh, as the Gemara in Pesachim says.

(b) The RA'AVAD (Tamid 30b-31a) says that the reason why the rooftops in the Azarah where not Kadosh is because when the structures were initially built, prior to the sanctification of the area, the roofs acted as Mechitzos, preventing the Kedushah of the Azarah from reaching the area above the rooftops. The rest of the airspace of the Azarah (inside the rooms that had roofs, and in the outside areas that had no roofs) was Kadosh.

When the Beis ha'Parveh was built, the airspace there had already become Kadosh (since it was built some time after the rest of the Beis ha'Mikdash had been built), and thus the roof did not serve as a Mechitzah. Consequently, the area above the Beis ha'Parveh remained Kadosh. (Alternatively, when the Azarah was initially built the builders had positive intent to leave the rooftops unsanctified. Everything else, though, became sanctified, including the airspace. Once again, this will result result in the fact that if a structure is built later, the airspace above its roof will remain Kadosh.)

Based on this suggestion, we can understand why the Beis ha'Parveh was named for the person who built it, while no other part of the Azarah was named for a particular person. Since the Beis ha'Parveh was built later, independent from the rest of the Azarah, and was not part of the initial construction of the Azarah, it was called by the name of the person who built it. (M. Kornfeld)

(c) The EZRAS KOHANIM (Midos 5:3, DH Shalosh (1) and DH v'Al Gago) suggests that the roof of the Beis ha'Parveh was Kadosh because it had a door on it which led to the sanctified area of the Azarah, thereby making the entire roof Kodesh.

The Gemara in Pesachim (86a), though, implies that the only time it is not Kadosh is when it is equal to ground level.

30b