May one change diapers, or get a baby dressed after a shower, in front of Sefarim

May one change diapers, or get a baby dressed after a shower, in front of Sefarim?

A. Background:

May Tefillin be near excrement?[1]  From the letter of the law, there is no prohibition to have Tefillin [or Sefarim] be within four Amos of actual feces even if the Tefillin [or Sefarim] are revealed. [However, in the Siddur[2], Admur rules that it is forbidden to have Tefillin or Torah books revealed in a room[3] with excrement[4], or pigs, unless they are on a table higher than ten Tefachim from the ground.[5] If they are less than ten Tefachim from the ground, then the Tefillin or Sefarim must be covered.[6] If the Tefillin or Sefarim are covered, it is valid to have them remain in the same room as excrement. This applies even if it is covered by only a single covering.[7] This applies even by a designated cover.[8]]

May a person or child be naked in a room with Sefarim?[9] It is forbidden to enter [uncovered[10]] Tefillin or holy writings of scripture in an area where there is a naked person present [with his or her Erva revealed], being that it is forbidden to be naked in front of holy scripture.[11] (Therefore, one needs to be careful to cover one’s children in order so they are not naked in front of [Tefillin or] Torah books.[12]) [Alternatively, one can cover the Tefillin. This applies to children of any age, even below 3 years old for a girl and 9 years old for a boy.[13]]

B. The Law:[14]

One needs to be careful not to change diapers in front of uncovered Tefillin or Torah books.[15] [This applies to children of any age, even below 3 years old for a girl and 9 years old for a boy.[16]] However, some Poskim[17] are lenient in this matter and rule that it is permitted to change diapers of children in front of Tefillin or Sefarim. Practically, one is to be stringent to either cover the Tefillin/Sefarim, or place them in an area above ten Tefachim from the ground.[18]

Tefillin or Sefarim in closet: If the Tefillin or Sefarim are inside a closet or bookcase, it is permitted to change diapers in the room.[19] However, if the closet does not hold 40 Seah of space, and is open, then the books on the lower shelves which are below ten Tefachim are to be covered.

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[1] Admur 43:3; 43:7; So rule regarding dirty alleyways: M”A 43:11; Rameh Mipuno 59  See Piskeiy Teshuvos 40:4

[2] Letter 21 in Raskin

[3] Admur ibid does not specify whether the case here is discussing that the Sefarim are within four Amos of the feces or not.

[4] Vetzaruch Iyun regarding urine.

[5] The width of the table: See Admur 79:4 that the table must also be 4×4 Tefachim wide; However, see Ketzos Hashulchan 10 footnote 8 that Admur in Siddur ibid omitted this because the entire concept of not having Tefillin revealed near feces is a novelty and hence he is not stringent in this regard.

[6] Siddur Admur; not mentioned explicitly in previous Poskim. See Yoreh Deah 286:5 regarding a Mezuzah; Piskeiy Teshuvos 40:4; Kinyan Torah 3:5 regarding changing diapers in front of Sefarim.

Ruling of Admur in Shulchan Aruch: In 43:3 Admur rules that from the letter of the law one may enter Sefarim and Tefillin within four Amos of feces. In 43:7 Admur rules “It is permitted to pass by feces that are in one’s path while wearing Tefillin even if they are uncovered. However nevertheless it is proper (Tov) to cover one’s head Tefillin with one’s hat.” In 43:8 Admur rules: “Similarly a doctor may wear his revealed Tefillin while holding a urine potty. Although a Baal Nefesh should be stringent to himself.” In Admur 315:3-4 [based on Rama 315:1] he rules one may not use the bathroom in front of Sefarim unless there is a Mechitza or they are doubly covered. [so rules also M”B 40:5] Perhaps one can explain as follows: In the Shulchan Aruch Admur rules that one may not go to the bathroom in front of Sefarim although one may walk with Sefarim within four Amos of feces, although even in such a case it is best to cover them.

[7] Implication of Admur ibid; Divrei Malkiel 5:1; Orach Neman 43:5; Siddur Raskin footnote 92; Piskeiy Teshuvos 40:4

[8] Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding feces and Ervah any covering suffices”; See previous footnotes!

^[9] Admur 45:3; M”A 45:2; Rambam Yesodei Hatorah 6:6; Tefillin 4:23; Shabbos 120b; M”B 45:5; Afikei Maginim 75:14; See Piskeiy Teshuvos 45:2

[10] Shut Tashbeitz 3:26, brought in Shaareiy Teshuvah 40:2 “Regarding feces and Ervah any covering suffices”; Piskeiy Teshuvos 45:2; See Admur 25:8; 43:7 and Siddur Admur [letter 20 Raskin] regarding covering in front of feces, and the same would seemingly apply here. Vetzaruch Iyun from the wording in Admur 45:3 which implies that even if it is covered it is forbidden.

[11] The reason: The reason it is forbidden to do so is because it is belittling to the Mitzvah. [See Admur 275:13] [As]

[12] To note that this ruling of Admur is in parentheses. Perhaps the reason for this is because this ruling is a novelty of Admur which is not sourced in other Poskim. Admur seemingly learned from the ruling in 275:13 [which he motions the reader to look in], which states that the custom is not to have naked children stand in front of the Shabbos candles due to it being belittling of the Mitzvah, that the same applies regarding them standing in front of Sefarim. [See Piskeiy Teshuvos 45 footnote 13]

[13] Piskeiy Teshuvos 45 footnote 4; So is implied from the lack of definition in “children” as written by Admur here and so is implied from the lack of definition of children as written in chapter 275 regarding being naked in front of candles. This is opposed to the law regarding saying a blessing in front of a naked boy below 9, in which Admur rules [75:7] that the main opinion is like the lenient opinion, as here it is a matter of belittlement of the Tefillin and thus we are more stringent. [Piskeiy Teshuvos ibid]

[14] See Kinyan Torah 3:5; Piskeiy Teshuvos 40:4

[15] Admur 45:3 in parentheses regarding nakedness, and based on Siddur ibid this would likewise be forbidden due to feces

[16] Piskeiy Teshuvos 45 footnote 4; So is implied from the lack of definition in “children” as written by Admur here and so is implied from the lack of definition of children as written in chapter 275 regarding being naked in front of candles. This is opposed to the law regarding saying a blessing in front of a naked boy below 9, in which Admur rules [75:7] that the main opinion is like the lenient opinion, as here it is a matter of belittlement of the Tefillin and thus we are more stringent. [Piskeiy Teshuvos ibid]

[17] Mishneh Halachos 6:24; Avnei Yashpei 1:11; Mechzeh Eliyahu 1:5-8; See Mili Dechassidusa on Sefer Chassidim 519 regarding removing feces from room in front of uncovered Mezuzah; See Kinyan Torah ibid

[18] Vetzaruch Iyun regarding this latter option, as although being ten Tefachim above the ground is valid regarding the issues of feces, it is unclear if it is valid regarding the issue of Erva.

[19] The closet or bookcase may provide several reasons for allowance, including: 1) The books or Tefillin are above ten Tefachim from the ground. 2) The closet or bookcase holds 40 Seah and is hence considered its own Reshus. 3) The closet is closet.

[20] See Admur 79:5; Biur Halacha 240:6; Piskeiy Teshuvos 40:4