Wiping Dirty Hands on Clothes on Shabbos
Rabbi Yonason Johnson
The Shulchan Aruch[1] writes that someone who has eaten berries or other fruits which leaves stains, should not touch their clothing or other cloth on Shabbos. To do so would be considered Tzovea.
Tzovea - dyeing - is one of the 39 Melachos of Shabbos. Dyeing was performed in the construction of the Mishkan to dye the various colours of wool and ram skins which were used for the covering of the Mishkan.
The Biblical Melacha applies when a permanent dye or colour is applied to a surface or material which is usually dyed. Where the dye is not permanent, the Melacha is forbidden Miderabonon.
According to the Rambam[2], the mere mixing of a dye itself is a Melacha,
This Melacha has many practical applications, including the use of make-up, toilet cleaners which colour the water, and of course the issue at hand - wiping stains onto cloth.
When a person eats berries, the juices of the berries stains their hands. This itself is not problematic because hands are not usually dyed and therefore not subject to the Melacha. Make-up is forbidden because it is the usual way for women to colour their faces with cosmetics.
The issue however, arises when the stain is transferred to a cloth through wiping since cloths and fabrics are usually dyed.
The issue is not limited to fruits. In a later section, the Shulchan Aruch[3] writes that one should not wipe or wrap a bleeding wound in a cloth on Shabbos. This is also due to the concern of Tzovea.
Wiping any coloured spill such as sauce, chocolate, coloured drinks etc. all present a similar concern.
Destructive activities
A general rule in the laws of Shabbos is that to be liable as a Biblical Melacha, the Melacha must be performed in a constructive manner. If the Melacha is destructive or ruins as a result, the Torah Melacha has not been violated. This principle is known as Mekalkel.
Nonetheless, a Melacha activity which is Mekalkel remains Rabbinically forbidden. According to most Poskim, this still applies even if the result of the Melacha was unintended and undesired. This is referred to פסיק רישא דלא ניחא ליה and it applies also to a Rabbinic prohibition.
So even though the dyeing by smearing red streaks on a cloth or wiping up a spill is unintended, and furthermore it actually ruins the cloth rather than enhancing it; it remains forbidden Miderabonon. Even though the entire cloth is not dyed as a result, the partial dyeing in the place which is stained is considered Tzovea[4].
This is the opinion of the רא“ם and is brought by the Shulchan Aruch as יש מי שאומר, there is someone who says.
There are other who disagree with this ruling4[5] and allow wiping one’s soiled hands on a cloth. The basis for their leniency is that whilst normally Mekalkel remains forbidden, here the stain is made דרך לכלוך, in a manner of soiling, and therefore can never be considered as dyeing.
The view of the lenient opinion is not brought in the Shulchan Aruch. Nonetheless, since the Shulchan Aruch brings the stricter opinion in the format “there is someone who says”, the Achronim make room for leniency.
The Alter Rebbe[6] records both opinions. He rules that one should be machmir, especially with a red cloth (with a red stain such as blood or berry juice). The difference between a red and white cloth is found in the Magen Avraham[7]: On a red cloth, a red stain does not ruin the fabric and may in fact enhance the colour[8]. As such it cannot be considered Mekalkel. The same would apply with a dark stain on a dark cloth.
The Mishna Berura[9] writes that one may rely on the lenient opinion where it is difficult to avoid. Some Poskim[10] rely on the lenient ruling where כבוד הבריות - dignity - would be impacted.
According to the stringent opinion, a person who has stained hands or a bleeding wound should wash off the stain or blood and only then wipe or wrap with a towel or cloth[11].
Disposable napkins?
According to almost all opinions[12], one may wipe their stained hands or wounds with disposable tissues, paper towels, Bandaids etc. Because they are disposable and not usually dyed, Tzovea is not applicable.
What about cloth napkins?
Unlike disposable napkins, cloth napkins may be more stringent because they are made of fabric, which is subject to dyeing.
Nonetheless, based on what the Alter Rebbe writes in Kuntres Acharon on Siman 302, we can be lenient. The Alter Rebbe writes that a cloth which has been designated for a use where it is intended to become dirtied עשויה לכך is not subject to Tzovea. The example brought is a sanitary cloth which can be used and we don’t find any concern.
The same would apply with today’s cloth bandages which are made for and designated for dressing wounds. The Shulchan Aruch’s stringent ruling on bandages applied when regular cloths would be used to the wrap wounds[13].
By extension, the same would hold true for using cloth napkins at a meal which are made for and designated to be used in a manner of staining.
So next time your children get Cholent on their hands there’s one more reason why they should use napkins rather than their clothes!
___________________
[1] Orach Chaim 320:20
[2] Hilchos Shabbos 9:14
[3] See Shulchan Aruch O.C. 328: 48
[4] See Kuntres Acharon 302:1 thatחצי שיעור is forbidden Rabbinically even in a situation of Mekalkel.
[5] Radvaz Vol. 4 Siman 131, The Agur Siman 484 and the Chacham Tzvi.
[6] 320:27
[7] O.C. 320:25 and 328:52. This is also the ruling of thr Ben Ish Chai and Mishna Berura. Elya Rabbah however writes the opposite and is more lenient on a red cloth. Tehillah LeDovid suggests that it is a mistake. However see Yalkut Yosef for others who concur. See Nishmas Shabbos for a suggested explanation.
[8] Adding to and strengthening an existing colour is also considered Tzovea
[9] 320:59
[10] Minchas Shabbos Siman 91
[11] Even though the wound will subsequently bleed onto the cloth, Ktzos Hashulchan 136:11 writes that this is only a גרמא.
[12] See Ktzos Hashulchan writing about hygienic bandages. Minchas Shabbos however is strict even with paper.
[13] Avnei Nezer argues on the ruling of the Alter Rebbe saying that we follow the use of the majority of people, not the individual’s designation. However even he would agree in cases where the accepted use is in a manner of soiling.
Rabbi Yonason Johnson
The Shulchan Aruch[1] writes that someone who has eaten berries or other fruits which leaves stains, should not touch their clothing or other cloth on Shabbos. To do so would be considered Tzovea.
Tzovea - dyeing - is one of the 39 Melachos of Shabbos. Dyeing was performed in the construction of the Mishkan to dye the various colours of wool and ram skins which were used for the covering of the Mishkan.
The Biblical Melacha applies when a permanent dye or colour is applied to a surface or material which is usually dyed. Where the dye is not permanent, the Melacha is forbidden Miderabonon.
According to the Rambam[2], the mere mixing of a dye itself is a Melacha,
This Melacha has many practical applications, including the use of make-up, toilet cleaners which colour the water, and of course the issue at hand - wiping stains onto cloth.
When a person eats berries, the juices of the berries stains their hands. This itself is not problematic because hands are not usually dyed and therefore not subject to the Melacha. Make-up is forbidden because it is the usual way for women to colour their faces with cosmetics.
The issue however, arises when the stain is transferred to a cloth through wiping since cloths and fabrics are usually dyed.
The issue is not limited to fruits. In a later section, the Shulchan Aruch[3] writes that one should not wipe or wrap a bleeding wound in a cloth on Shabbos. This is also due to the concern of Tzovea.
Wiping any coloured spill such as sauce, chocolate, coloured drinks etc. all present a similar concern.
Destructive activities
A general rule in the laws of Shabbos is that to be liable as a Biblical Melacha, the Melacha must be performed in a constructive manner. If the Melacha is destructive or ruins as a result, the Torah Melacha has not been violated. This principle is known as Mekalkel.
Nonetheless, a Melacha activity which is Mekalkel remains Rabbinically forbidden. According to most Poskim, this still applies even if the result of the Melacha was unintended and undesired. This is referred to פסיק רישא דלא ניחא ליה and it applies also to a Rabbinic prohibition.
So even though the dyeing by smearing red streaks on a cloth or wiping up a spill is unintended, and furthermore it actually ruins the cloth rather than enhancing it; it remains forbidden Miderabonon. Even though the entire cloth is not dyed as a result, the partial dyeing in the place which is stained is considered Tzovea[4].
This is the opinion of the רא“ם and is brought by the Shulchan Aruch as יש מי שאומר, there is someone who says.
There are other who disagree with this ruling4[5] and allow wiping one’s soiled hands on a cloth. The basis for their leniency is that whilst normally Mekalkel remains forbidden, here the stain is made דרך לכלוך, in a manner of soiling, and therefore can never be considered as dyeing.
The view of the lenient opinion is not brought in the Shulchan Aruch. Nonetheless, since the Shulchan Aruch brings the stricter opinion in the format “there is someone who says”, the Achronim make room for leniency.
The Alter Rebbe[6] records both opinions. He rules that one should be machmir, especially with a red cloth (with a red stain such as blood or berry juice). The difference between a red and white cloth is found in the Magen Avraham[7]: On a red cloth, a red stain does not ruin the fabric and may in fact enhance the colour[8]. As such it cannot be considered Mekalkel. The same would apply with a dark stain on a dark cloth.
The Mishna Berura[9] writes that one may rely on the lenient opinion where it is difficult to avoid. Some Poskim[10] rely on the lenient ruling where כבוד הבריות - dignity - would be impacted.
According to the stringent opinion, a person who has stained hands or a bleeding wound should wash off the stain or blood and only then wipe or wrap with a towel or cloth[11].
Disposable napkins?
According to almost all opinions[12], one may wipe their stained hands or wounds with disposable tissues, paper towels, Bandaids etc. Because they are disposable and not usually dyed, Tzovea is not applicable.
What about cloth napkins?
Unlike disposable napkins, cloth napkins may be more stringent because they are made of fabric, which is subject to dyeing.
Nonetheless, based on what the Alter Rebbe writes in Kuntres Acharon on Siman 302, we can be lenient. The Alter Rebbe writes that a cloth which has been designated for a use where it is intended to become dirtied עשויה לכך is not subject to Tzovea. The example brought is a sanitary cloth which can be used and we don’t find any concern.
The same would apply with today’s cloth bandages which are made for and designated for dressing wounds. The Shulchan Aruch’s stringent ruling on bandages applied when regular cloths would be used to the wrap wounds[13].
By extension, the same would hold true for using cloth napkins at a meal which are made for and designated to be used in a manner of staining.
So next time your children get Cholent on their hands there’s one more reason why they should use napkins rather than their clothes!
___________________
[1] Orach Chaim 320:20
[2] Hilchos Shabbos 9:14
[3] See Shulchan Aruch O.C. 328: 48
[4] See Kuntres Acharon 302:1 thatחצי שיעור is forbidden Rabbinically even in a situation of Mekalkel.
[5] Radvaz Vol. 4 Siman 131, The Agur Siman 484 and the Chacham Tzvi.
[6] 320:27
[7] O.C. 320:25 and 328:52. This is also the ruling of thr Ben Ish Chai and Mishna Berura. Elya Rabbah however writes the opposite and is more lenient on a red cloth. Tehillah LeDovid suggests that it is a mistake. However see Yalkut Yosef for others who concur. See Nishmas Shabbos for a suggested explanation.
[8] Adding to and strengthening an existing colour is also considered Tzovea
[9] 320:59
[10] Minchas Shabbos Siman 91
[11] Even though the wound will subsequently bleed onto the cloth, Ktzos Hashulchan 136:11 writes that this is only a גרמא.
[12] See Ktzos Hashulchan writing about hygienic bandages. Minchas Shabbos however is strict even with paper.
[13] Avnei Nezer argues on the ruling of the Alter Rebbe saying that we follow the use of the majority of people, not the individual’s designation. However even he would agree in cases where the accepted use is in a manner of soiling.