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14. The laws of smearing saliva on the ground:[1]

Rubbing it into the ground: One may not rub saliva with his feet onto an earth floor.

The reason for this is because: by doing so one is leveling the holes in the earth.

Walking over it: However, it is permitted to casually step over the saliva [if the saliva is in ones walking direction. In such a case one may slightly rub the saliva as he is walking.[2] However, it is forbidden to purposely walk to the saliva area in order to step on it.[3] However, some Poskim[4] rule one may even purposely walk in that direction and then step on it.]

The reason for this is because: as by doing so one has no intent to smear[5] [the saliva] and smooth the surface holes. Now, although this smoothening occurs inevitably[6], since he has no intent to do so it is [therefore] permitted due to it being repulsive [to have the saliva remain on the ground].

May one stand on the saliva? [7] One is allowed to stand on the saliva as long as he does not rub it.

Does the above law apply today when saliva is no longer viewed as very repulsive?[8] Today that we are not so particular about the repulsiveness of saliva one is to be careful not rub on it at all while stepping over it. [However, he may nevertheless step on it if he is careful not to rub it at all.[9] Furthermore, some Poskim[10] rule that if one views the Saliva as repulsive, then he may rub on it while walking even today.] However, mucus is considered repulsive and may be stepped over [regularly while walking despite that some of it gets smoothened by doing so.[11] As well in a Synagogue one may step even on saliva while walking due to that it’s not honorable. As well, on a tiled floor one need not be stringent to not step over saliva any more than he is by mucus.[12] However, as will be explained next there are Poskim which are completely lenient today by tiled floors to even allow initial rubbing.] 

May one smear saliva on a tiled floor?[13] It is implied from the Michaber that this is dependent on the dispute between the Rama and Michaber regarding if one may sweep a tiled floor. Thus, according to the Michaber it is allowed[14] while according to the Rama it is forbidden.[15] [However, there are Poskim[16] which rule that by tiled floors one may be lenient to rub saliva even according to those which follow the Rama. Furthermore, if majority of the city houses have tiled floors, it is permitted according to all to rub saliva on all tiled or wooden floors.[17] Furthermore, based on this it is even permitted to rub saliva on a public earth floor, such as on a dirt road, so long as one does not intend to smooth the gaps. However, by a dirt floor which one owns it remains forbidden to rub the saliva.[18]]

May one smear saliva on a bench?[19] It is permitted according to all to rub saliva on a bench.

Why is smearing saliva not forbidden due to the smearing prohibition?[20] It requires analysis why this matter is not forbidden due to the smearing prohibition. One can However, say that the smearing prohibition only applies when one’s intent is to smear one item on to another, However, here that his intent is that it become completely absorbed into the ground [and not remain at all over the ground] it thus does not contain the smearing prohibition. [See footnote for other opinions[21]]

May one rub saliva into the ground/floor/bench on Shabbos:

A. Earth floor:[22]

One may not rub saliva or mucus into the earth/ground due to the “Building” prohibition.[23] [However, some Poskim[24] rule that if majority of the city houses have tiled floors [as opposed to earth floors], it is permitted to rub saliva on a public earth floor, such as on a dirt road, so long as one does not intend to smoothen the gaps. However, by a dirt floor which one owns it remains forbidden to rub in the saliva according to all.[25]]

Standing on the saliva without rubbing on a dirt floor:[26] In all cases, one may stand on the saliva until it gets absorbed into the floor.

Walking over the saliva on a dirt floor: It is permitted to casually step over the saliva [if the saliva is in ones walking direction].[27] In such a case one may slightly rub the saliva as he is walking[28], if the saliva is repulsiveness to him.[29] [However, it is forbidden to purposely walk to the saliva area in order to step on it.[30] However, some Poskim[31] rule one may even purposely walk in that direction and then step on it.]

 

B. Tiled floor:

One may not rub saliva or mucus onto even a tiled floor due to a decree that one may come to do so on an earth floor.[32] However, some Poskim[33] rule that by tiled floors one may be lenient to rub saliva. Furthermore, if majority of the city houses have tiled floors [as opposed to earth floors], it is permitted according to all to rub saliva on all tiled or wooden floors.[34]

Summary-May one rub saliva into the ground/floor/bench: One may not rub saliva or mucus into the ground or onto a tiled floor[35] due to the “Building” prohibition.[36] [However, there are Poskim[37] which rule that by tiled floors one may be lenient to rub saliva even according to those which follow the Rama. Furthermore, if majority of the city houses have tiled floors [as opposed to earth floors], it is permitted according to all to rub saliva on all tiled or wooden floors.[38] Furthermore, based on this it is even permitted to rub saliva on a public earth floor, such as on a dirt road, so long as one does not intend to smoothen the gaps. However, by a dirt floor which one owns it remains forbidden to rub in the saliva according to all.[39]] In all cases one may stand on the saliva until it gets absorbed into the floor, and may walk over it if it is in his path while walking. However, by saliva that is found on an earth floor one is to beware not to rub the saliva at all while walking over it. One may rub saliva into a bench. Q&A Practically, when spitting upon saying Aleinu in Shul may one rub the saliva?[40] Yes. It is permitted to rub the saliva as he does during the week if one is spitting on a tiled floor.[41] [Those which desire to be stringent must at least step on the saliva until it disappears.] It is forbidden to rub the saliva when spitting on an earth floor, and one is rather to simply step on it until it disappears.[42]

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[1] Michaber 316:11; Shabbos 121b; This law is omitted in Admur; See Ketzos Hashulchan 146:30 and footnots there for a lengthy discussion of all the opinions of Poskim on this issue

The reason why this Halacha is brought in 316: As in the Gemara ibid the two Halachas of rubbing spit while walking and killing an animal while walking are brought together, and they thus share the common denominator of being permitted “Lefi Tumo”. [Levushei Serud 316:9]

[2] M”A 316:25; M”B 316:51; Ketzos Hashulchan 146:30; See there footnote 6 on page 137 that some Poskim [Derisha] rule one may even completely rub it while walking

[3] M”B 316:51 in name of Derisha

[4] Ketzos Hashulchan ibid footnote 10 argues on the M”B and explains that in truth the Derisha does not support his opinion

[5] The M”B 316:80 explains this to mean that one is only allowed to rub it slightly while walking if he ahs no intent to even rub the saliva. However, the Ketzos Hashulchan 146:30 footnote 10 explains that one may have intent to rub the saliva so long as he does not have intent to smoothen the ground.

[6] So is simple meaning of Michaber and so learns Taz 316:10

The reason: As it is a mere matter of Misaseik [which is only Rabbiniclaly forbidden according to all] and is a Melacha Sheiyon Tzericha Legufo [and is hence only Rabbinical] and therefore in a case of repulsiveness, the Sages were lenient. [P”M 316 M”Z 10]

Other opinions: Others explain that it only at times gets smoothened upon stepping over it and that nevertheless we would forbid it if not for it being repulsive due to that one may onetime forget and actually intentionally rub it. However, if in truth it was always inevitable then it would not be permitted. [M”B 316:50 in name of Peri Megadim, Olas Shabbos, Tosefes Shabbos,]

[7] M”A 316:24, Levushei Serud on M”A; M”B 316:51

[8] M”A 316:25; brought in M”B 316:51

[9] M”B 316:51

[10] Ketzos Hashulchan 146:30 page 140 in name of Elya Raba and other Poskim

[11] Levushei Serud; M”B 316:51

[12] M”B 316:51

[13] M”A 316:24, Machatzis Hashekel:Levushei Serud on M”A; M”B 316:49

[14] M”A

[15] Levushei Serud; M”B.

[16] Ketzos Hashulchan 146:65; The P”M 316 A”A 24 question whether the prohibition applies to a tiled floor, even according to the Rama ibid, as this is a decree upon a decree.

[17] Ketzos Hashulchan 146:65; Az Nidbaru 6:24; Piskeiy Teshuvos 316:7; See also 337 Biur Halacha “Veyeish Machmirim”

[18] Ketzos Hashulchan 146 footnote 63-13

[19] M”A 316:24, Levushei Serud on M”A; M”B 316:49

[20] M”A 316:24, Levushei Serud on M”A; M”B 49

[21] The Elyah Raba 316:35  learns that according to Rashi:Ran:Tur there is a smearing prohibition involved. The Daas Torah concludes that one may certainly be lenient like the Magen Avraham in a case that one is smearing saliva for one who is sick. To note that this dissenting opinion of the Elyah Raba is not recorded by the M”B.

[22] Michaber 316:11; Shabbos 121b; This law is omitted in Admur; See Ketzos Hashulchan 146:30 and footnotes there for a lengthy discussion of all the opinions of Poskim on this issue

The reason why this Halacha is brought in 316: As in the Gemara ibid the two Halachas of rubbing spit while walking and killing an animal while walking are brought together, and they thus share the common denominator of being permitted “Lefi Tumo”. [Levushei Serud 316:9]

[23] The reason: The reason for this is because by doing so one is leveling the holes in the earth and transgresses the building prohibition. [ibid]

[24] Ketzos Hashulchan 146:65

[25] Ketzos Hashulchan 146 footnote 63-13

[26] M”A 316:24, Levushei Serud on M”A; M”B 316:51

[27] The reason: The reason for this is because by doing so one has no intent to smear [the saliva] and smooth the surface holes. Now, although this smoothening occurs inevitably, since he has no intent to do so it is [therefore] permitted due to it being repulsive [to have the saliva remain on the ground]. [Michaber ibid] The simple meaning of Michaber, and so learns Taz 316:10, is that the above applies even if the smoothening is inevitable. The reason: As it is a mere matter of Misaseik [which is only Rabbinically forbidden according to all] and is a Melacha Sheiyon Tzericha Legufo [and is hence only Rabbinical] and therefore in a case of repulsiveness, the Sages were lenient. [P”M 316 M”Z 10]

Other opinions: Others explain that it only at times gets smoothened upon stepping over it and that nevertheless we would forbid it if not for it being repulsive due to that one may onetime forget and actually intentionally rub it. However, if in truth it was always inevitable then it would not be permitted. [M”B 316:50 in name of Peri Megadim, Olas Shabbos, Tosefes Shabbos,]

[28] M”A 316:25; M”B 316:51; Ketzos Hashulchan 146:30; See there footnote 6 on page 137 that some Poskim [Derisha] rule one may even completely rub it while walking

May one have intent to do so? The M”B 316:80 explains this to mean that one is only allowed to rub it slightly while walking if he has no intent to even rub the saliva. However, the Ketzos Hashulchan 146:30 footnote 10 explains that one may have intent to rub the saliva so long as he does not have intent to smoothen the ground.

[29] See M”A 316:25; brought in M”B 316:51; Ketzos Hashulchan 146:30 page 140 in name of Elya Raba and other Poskim

[30] M”B 316:51 in name of Derisha

[31] Ketzos Hashulchan ibid footnote 10 argues on the M”B and explains that in truth the Derisha does not support his opinion

[32] Regarding a tiled floor this is a matter of dispute between the Michaber and Rama. Our custom is to be stringent like the Rama. [Mishneh Berurah 316:49]

[33] Ketzos Hashulchan 146:65 that the applie even according to those which follow the Rama

[34] Ketzos Hashulchan 146:65; Az Nidbaru 6:24; Piskeiy Teshuvos 316:7; See also 337 Biur Halacha “Veyeish Machmirim”

[35] Regarding a tiled floor this is a matter of dispute between the Michaber and Rama. Our custom is to be stringent like the Rama. [Mishneh Berurah 316:49]

[36] As by doing so he is smoothening out the floor.

[37] Ketzos Hashulchan 146:65

[38] Ketzos Hashulchan 146:65; Az Nidbaru 6:24; Piskeiy Teshuvos 316:7; See also 337 Biur Halacha “Veyeish Machmirim”

[39] Ketzos Hashulchan 146 footnote 63-13

[40] Ketzos Hashulchan 146:65; Az Nidbaru 6:24; Piskeiy Teshuvos 316:7; See also 337 Biur Halacha “Veyeish Machmirim”

[41] The reason: Being that today majority of houses are tiled, and thus according to all the decree against tiled floors do not apply.

[42] Michaber 316:11; Shabbos 121b; However, some Poskim rule that if majority of the city houses have tiled floors [as opposed to earth floors], it is permitted to rub saliva on a public earth floor, such as on a dirt road, so long as one does not intend to smoothen the gaps. However, by a dirt floor which one owns it remains forbidden to rub in the saliva according to all. [Ketzos Hashulchan 146 footnote 63-13]