Brochas Daf Chof Hey amud aleph
Rav Yehuda said (where there is) possible excrement, it
is forbidden (to recite Krias Shema or pray)...
Others say that Rav Yehuda said (where there is) possible
excrement in a house, it is permissible (to recite Krias Shema or pray; but
(where there is possible excrement in a) rubbish dump (one is) prohibited.
The Rashba holds that in the earlier case (the first half
of the Brysa) he has identified a possible source of excrement, but has not
bothered to check whether it is the offending substance or only cement/mud. In
such a case were he to pray, he would be negligent and required to repeat his
davening.
By contrast, the second half of the Brysa, in the case of
the house, were one to pray, one would have no obligation to repeat one's
Shemone Esre, because the use of the word "permitted"
("muteres") indicates that one is not negligent in making the
assumption that there is no excrement in the house.
He points us to an earlier Gemara on daf Chaf Beis (amud
beis) where he makes the same distinction between a man who begins davening and
then sees excrement opposite him. He walks forward four amos (so that he can no
longer see the excrement) and, the Rashba rules, resumes davening where he left
off. By contrast, one who davens in a place where there is a reasonable
expectation that there may be excrement is guilty of failing to secure himself
within a place which qualifies as
"your camp should be holy" (Devorim 23:15). His davening is
therefore an "abomination" and he is required to repeat it.
Question: as I benched Kiddush Levana tonight near a skip
filled with household rubbish, including (perhaps) nappies/diapers I wondered
whether it was permissible to stand within four amos facing it. I stood at a
greater distance with my back to it, but did I have to? Have concluded that since I couldn't smell
anything and most people wrap their soiled nappies, the skip had the status of
the house brought as an example in today's daf, so probably OK even within the
four amos!
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