Netilat Yadayim When One Uses the Restroom Immediately Before Eating Bread

Daily Halacha Podcast - Daily Halacha By Rabbi Eli J. Mansour

It often happens that a person uses the restroom before beginning a meal (in fact, it is proper to ensure before beginning a meal that one does not need to perform his bodily functions). Halacha requires washing one's hands after using the restroom, and also before eating bread, and thus if one uses the restroom immediately before eating bead, he must wash his hands both because he just used the restroom, and in preparation for eating bread. What is the proper procedure for the hand washing in such a case? The Shulhan Aruch (Orah Haim 165) writes that in such a case, one should wash his hands twice – once for having used the restroom, and a second time in preparation for eating bread. However, if he prefers not washing twice, such as if he is rushing because everyone else already washed Netilat Yadayim and is waiting for him at the table, then he may wash just once to cover both requirements. However, we find disagreements among the Poskim regarding both situations – when one washes twice, as is preferred, and also when washes just once because he is hurrying. Regarding one who washes twice, the Shulhan Aruch states simply that the person washes, recites Asher Yasar, and then washes a second time and recites the Beracha of "Al Netilat Yadayim." A number of Poskim raised the question of how one can wash a second time, and recite a Beracha over this second washing, if his hands are already clean. Seemingly, once the person had washed his hands, his second washing has no Halachic significance, and thus he cannot recite a Beracha over this washing. In light of this question, the Ben Ish Hai (Rav Yosef Haim of Baghdad, 1833-1909) writes (Parashat Shemini, Halacha 9) that after the person recites Asher Yasar, he should then soil his hands so that he requires a second washing. He can do this by touching a part of the body that is normally covered, or touching his shoes. This way, he can wash a second time and recite "Al Netilat Yadayim" without concern. Some Poskim questioned this ruling, claiming that it seemingly constitutes "Gorem Beracha She'ena Sericha" – unnecessarily putting oneself in a situation that requires the recitation of an extra Beracha. Others, however, defended the Ben Ish Hai's ruling by noting that in this instance, one has no choice but to put himself in a situation requiring an additional Beracha, because of the Halachic dilemma presented by having to wash both for having used the restroom and also in preparation for eating bread. There is also a second solution, one which, ironically, emerges from the Ben Ish Hai's ruling in a separate context. In his work Od Yosef Hai, the Ben Ish Hai writes that a person does not need to wash his hands with a cup after using the restroom, as one does when washing before eating bread. In fact, Hacham Ovadia Yosef's children have reported that their father followed this view, and would wash his hands after using the restroom without a cup, running his hands under running water three times in alternating fashion. (Washing one's hands three times in alternating fashion is necessary in order to eliminate the "Ru'ah Ra'a" – evil spirits – which descend upon one's hands in the restroom.) Accordingly, in the case of one who uses the restroom immediately before a meal, he can simply wash first without a cup, following the Ben Ish Hai's view, and then, since this washing does not satisfy the requirement of washing before a meal, wash a second time with a cup, and recite the Beracha of "Al Netilat Yadayim." This would be the best course of action in this case. (It should be noted, though, that some Poskim – such as Rav Shlomo Amar, in his Shema Shelomo – indeed require washing with a cup after using the restroom. This was also the opinion of Rav Shlomo Zalman Auerbach, however, Rav Shlomo Zalman maintained that in this case, where one uses the restroom before eating bread, he should rely on the lenient position and first wash without a cup in order to resolve the Halachic predicament he faces.) Some Poskim propose a different option – to first wash with less than a Rebi'it of water, as this small quantity does not satisfy the requirement of washing before eating bread. However, this solution is not very practical, and thus the preferred method is to first wash without a cup. As mentioned, if one is rushing and does not want to wash twice, he may wash just once. The Ben Ish Hai writes that one who chooses this option should wash his hands three times in alternating fashion with a cup, recite the Beracha of "Netilat Yadayim," and then recite "Ha'mosi" over the bread and eat. He does not recite "Asher Yasar," according to the Ben Ish Hai, until after eating a Ke'zayit of bread. The Ben Ish Hai recommends this sequence – delaying the recitation of Asher Yasar – so that one does not speak between Netilat Yadayim and eating bread. Although the Shulhan Aruch rules that strictly speaking, it is permissible to speak in between Netilat Yadayim and eating bread, the Zohar writes that this is forbidden. Therefore, the Ben Ish Hai felt that in this case, it is preferable to delay the recitation of Asher Yasar until after eating the bread, so that one does not make an interruption between Netilat Yadayim and eating bread. Hacham Ovadia Yosef disagrees with this ruling, arguing that the person in this case may follow the Shulhan Aruch's position that, according to the strict Halacha, speaking is allowed in between Netilat Yadayim and eating bread (though obviously one preferably should not speak). According to Hacham Ovadia, the individual in this case should wash, recite "Al Netilat Yadayim," followed by Asher Yasar, and the proceed to recite "Ha'mosi" and eat the bread. Hacham David Yosef, in his Halacha Berura, writes that this option may be followed even Le'chatehila (optimally) in a case where one uses the restroom before eating moist fruits or vegetables. Halacha requires washing one's hands without a Beracha before eating moist fruits or vegetables, and thus one who uses the restroom immediately before eating such a product faces a similar dilemma as one who uses the restroom immediately before eating bread. However, since no Beracha is recited, there is no need to avoid a Hefsek (interruption) in between washing and eating as there is in the case of washing before bread, when one should try to avoid a Hefsek between the Beracha of "Al Netilat Yadayim" and eating bread. Therefore, Hacham David writes, if one uses the restroom immediately before eating moist fruits or vegetables, one may Le'chatehila wash just once, recite Asher Yasar, and then recite the Beracha over the fruit or vegetable. In conclusion, it should be noted that regarding the case of one who uses the restroom before eating bread, Hacham David introduces a surprising stringency. He writes that the most preferred option is to wash first without a cup, as discussed above, and then to soil one's hands before washing a second time in preparation for eating bread. Curiously, Hacham David recommends following both solutions – the Ben Ish Hai's solution, to soil one's hands before the second washing, and the other solution, to wash the first time without using a cup. It is unclear why Hacham David felt it appropriate to follow both solutions. Summary: If one uses the restroom right before eating bread, he should, preferably, wash his hands without a cup, recite Asher Yasar, and then wash a second time with a cup and then recite the Beracha of "Al Netilat Yadayim." According to one view, before the second washing the person should soil his hands by touching a part of the body that is normally covered, or touching his shoes. If one is rushing (such as if people are waiting for him at the table), then he should wash just once, with a cup, recite the Beracha of "Al Netilat Yadayim," and then recite "Asher Yasar" before reciting "Ha'mosi" and eating the bread.