The Bathroom Telephone Booth
By Rabbi Yair Hoffman
THE SCIENCE
Before we get to the halacha, it may pay to first discuss the science. According to Metro.co.uk, not only is it a gross habit, but it is also dangerous. Using a cell phone in the restroom risks exposing yourself and others to germs like Salmonella, E. Coli and C. Difficile.
Salmonella: This bacteria can cause salmonellosis, leading to severe diarrhea, fever, and abdominal cramps. Symptoms typically appear 12-72 hours after infection and can last 4-7 days. In severe cases, particularly among vulnerable populations, the infection can spread from the intestines to the bloodstream and require hospitalization.
E. Coli: While some strains are harmless, dangerous variants can cause severe stomach cramps, bloody diarrhea, and vomiting. Symptoms usually start 3-4 days after exposure and can last up to a week. In some cases, especially in young children and the elderly, it can lead to a serious condition called hemolytic uremic syndrome, which can cause kidney failure.
C. Difficile (Clostridioides difficile): This bacterium causes severe diarrhea and inflammation of the colon. It’s particularly dangerous because it’s resistant to many common antibiotics. Symptoms can range from mild diarrhea to life-threatening inflammation of the colon. The infection is especially dangerous for people who have been taking antibiotics or have weakened immune systems.
The problem is compounded by the fact that cell phone are usually warmer and bacteria kind of thrive in warm places. The bacteria can remain on your phone for some three days. And if there is sticky residue of food from the last time you ate, it is a breeding ground for that bacteria.
Okay, now that we have been sufficiently grossed out – let’s get to the halacha. It would seem that the topic has three different areas in which to explore.
TALKING IN A RESTROOM
The Ramah in Orach Chaim 3:2 tells us that it is forbidden to discuss even secular matters in the bathroom. However, the Mishna Brurah concludes that one may not speak in the bathroom – however, if there is tzorech gadol – great need one can be lenient as long as one is not actively using it. The Ben Ish Chai Parshas VaYetzei #10 disagrees and forbids it even for a great need.
There is another debate in the Poskim as to how one looks at the modern bathroom from a halachic perspective. Does it have the same halachic status as the Persian bathroom described in Brachos 26a, which does not have a ruach rah and hence the tumah of the bathroom discussed in classical halacha? Or is it the same as the classical bathroom in Chazal. The Chazon Ish (OC 17:4) is unsure. In the Persian bathroom the waste pipe is slanted outward and never remains within the bathroom. In our modern bathrooms, the waste remains in the bathroom on a very temporary basis. He concludes that one should be strict. This is also the conclusion of Rav Elyashiv zt”l and Dayan Weiss in Minchas Yitzchok (Vol. I #60). Others, such as Responsa Torah Lishma (Siman 24) and Rav Chaim Pinchas Scheinberg zt”l are lenient.
Another question is whether other activities are also performed in that restroom, such as showering or brushing teeth, etc. This is a second factor to be lenient.
THE DANGER ASSOCIATED WITH THE AFOREMENTIONED SCIENCE
The second issue is the danger aspect of it all. There is a fascinating debate between Rav Moshe Feinstein zt”l (YD 2:49) and Rav Chaim Ozer Grodzinsky zt”l (Achiezer Vol. I #23) regarding the parameters of danger in halacha. Rav Feinstein is of the view that danger is defined by social acceptability of that danger. Initially, he did not forbi smoking although there was a certain amount present, it was still a and it was appropriate to refrain from doing so, it was not completely forbidden for someone who had already started and had difficulty stopping. On the other hand, the responsa of Rav Chaim Ozer Grodzinsky discusses the parameters of the concept of “Shomer P’sa’im Hashem – Hashem watches over fools” and writes that this concept only permits dangerous things when the empirical nature of the danger is not uncommon.
Although it is gross, the media reports that it is a rather common practice – but that does not necessarily mean that it is socially acceptable. So, it very well could be that according to both views it may be forbidden. On the other hand it could very well be just one of thse things that people go crazy about but may not be based in scientific reality. This author tends to be on the more stringent side.
IS IT FORBIDDEN BECAUSE OF BAL TISHAKTZU – DISGUSTING?
There is a three way debate as to the nature of the prohibition of Bal Tishaktzu. Some hold based on the Gemorah in Makkos (16b)t hat the prohibition is Biblical. Others hold that very groos things are biblical while moderately gross things are just Rabbinically forbidden. And others hold that the entire topic is only Rabbinic – the Biblical prohibition being reserved only for that which the Psukim (Vayikrah 11:43 and 20:25 ) reference. In our case, the person who does answer or talk on the phone does not seem to find it repulsive – therefore, it would not be prohibited for him.
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