

by R. Gil Student

I. Washing for Bread

The Sages decreed that we must wash our hands ritually before eating a meal, as defined by including bread. This washing is done by pouring water from a cup two (or three) times on each hand, reciting a blessing and drying the hands. The Gemara (Chullin 106a) offers two reasons for this enactment–a preparation for eating terumah in the future and a mitzvah.

What is this cryptic mitzvah? Rashi (ad loc., sv. mitzvah) explains that originally people were washing on their own out of concern for terumah and then the Sages formalized an obligation. Tosafos (ad loc., sv. mitzvah) see these as two separate reasons– terumah and cleanliness. According to both, this requirement is not just for a functional washing but also a redemptive washing, intending to prepare us for a time when the Temple in Jerusalem is rebuilt and we will have to remain ritually pure to eat sacred food.

II. Rewashing

However, even someone who washes his hands properly can effectively undo the washing by making his hands dirty or impure. For example, someone who touches his feet has made his hands dirty and must rewash. What happens if, during a meal for which you washed your hands ritually, you have to use the bathroom? You certainly have to wash ritually afterward, even if you only want to drink or eat food other than bread (Rema, Orach Chaim 170:1). But do you recite a blessing on this washing?

The Peri Megadim (ibid.) connects this to a disagreement between Rashi and Rambam. According to Rashi (Shabbos 14a sv. askaniyos), the terumah concern is that your hands move around a lot and might touch something improper, which is disrespectful to terumah. However, according to Rambam (Mishnah, Taharos 7:8, Zavim 5:12), the concern is more technical–that you might render your hands impure. The former reason is more general while the latter must follow the technical rules of purity. Since using the bathroom does not automatically render a person’s hands impure, according to Rambam you would not recite a blessing on washing your hands after using the bathroom during a meal. According to Rashi, you would.

III. The Blessing on Rewashing

However, the Mishnah Berurah (164, Bi’ur Halakhah sv. lachazor) points out that this dichotomy is not very smooth. Authorities such as Rabbeinu Chananel seem to adopt both criteria, saying in one place that the washing is due to impurity (Shabbos 14a) but in another place that there is a concern your hands became dirty (Pesachim 115b). The Mishnah Berurah explains that Rashi’s concern for dirt includes impurity, which allows for the seeming contradiction. Therefore, if you go to the bathroom you have to wash again and recite the blessing.

The Maharshal (Yam Shel Shlomo, Chullin 7:10), who preceded both the Peri Megadim and Mishnah Berurah, rules that you never recite a blessing on washing in the middle of the meal. The Sages never instituted such a blessing. Therefore, if you use the bathroom during a meal, you must wash with a cup and multiple times on each hand, but may not recite a blessing over the washing.

IV. The Great Compromise

Even though the Shulchan Arukh (Orach Chaim 164:4) rules that you should recite the blessing, many later codes follow the Maharshal’s leniency. These include Shulchan Arukh Ha-Rav (164:2), Kitzur Shulchan Arukh (40:16), Ben Ish Chai (Kedoshim 22) and Kaf Ha-Chaim 164:16). However, the Chayei Adam (40:14) rules that you should recite the blessing and the Mishnah Berurah (ibid.), after much vacillating, concludes that you should recite the blessing.

More recently, Rav Simcha Rabinowitz, in Piskei Teshuvos (164:5), follows the codes mentioned above who rule not to recite the blessing, which he says is the common practice (ibid., n. 10). Rav Eliezer Melamed (Peninei Halakhah, Berakhos 2:16) offers a compromise to resolve the dilemma. Noting that the common practice is to recite the blessing and that most authorities rule to recite it, but that there still exists great debate, he suggests omitting the blessing after urinating or if you do not plan to eat at least an egg’s worth of bread. However, if you will eat a significant amount of bread and you did more than just urinate, you should wash with a blessing.

I find the different arguments from common practice quite interesting. Both Rav Melamed and Rav Rabinowitz live in Israel today. However, Rav Rabinowitz is Charedi and Rav Melamed Religious Zionist (Chardal). Presumably, their different evaluations of common practice result from their different social circles. Perhaps the ruling should be different, depending on your social circle.