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Does Dignity Supersede The Laws of Muktze, Such As In The Case of Tearing Toilet Tissue

A fundamental principle in Halacha establishes that prohibitions enacted by the Sages are overridden by Kevod Ha'beriyot – the concern for human dignity. Although one may not violate a Torah prohibition to avoid humiliation, it is permitted to transgress a Rabbinic law for this purpose.

One application of this principle involves the prohibition of Muktzeh – handling on Shabbat items that are intrinsically useless. There is a case recorded of a Jew who died in a hospital on Shabbat and the doctors prepared to perform an autopsy on the body. Rabbi Chayim Elazar Shapiro of Munkatch (Hungary, early 20th century) instructed his students to steal the body from hospital to prevent this degradation to the deceased. Although a corpse is deemed Muktzeh and forbidden to be handled on Shabbat, the Rabbi of Munkatch ruled that for the purpose of preserving the honor of the deceased Halacha would allow transporting the body. (There was an Eruv in the area, and so the Torah prohibition of carrying in a public domain on Shabbat did not apply.)

Another example of this Halacha is mentioned already in the Gemara. In Talmudic times, people would use a certain kind of stone (referred to in the Gemara as "Avanim Mekurzalot") to clean themselves after performing their bodily functions. The Gemara rules that it is permitted to take stones to the restroom on Shabbat for this purpose, despite the fact that stones are generally deemed Muktzeh. The concern for Kevod Ha'beriyot allows one to handle Muktzeh objects on Shabbat for the purpose of maintaining basic hygiene, which clearly qualifies as Kevod Ha'beriyot.

This Halacha, concerning bringing stones to the restroom on Shabbat, has a modern-day equivalent, regarding the question of cutting tissue paper on Shabbat. If one forgot to cut tissue paper before Shabbat, and is in need of tissue paper on Shabbat, he may cut the paper on Shabbat with a "Shinuy" – a deviation from his standard manner of cutting. For example, he may cut with his weaker hand or make a point of not cutting along the perforation. Since cutting in an unusual way transgresses a Rabbinic violation, as opposed to a Torah prohibition, it is allowed in the interest of Kevod Ha'beriyot.

Another manifestation of this principle regarding Kevod Ha'beriyot is a remarkable ruling by Rabbi Shemuel Wosner (contemporary scholar in Israel), in his work Shevet Halevi. The practice in many communities when counting Sefirat Ha'omer is for the Rabbi to first recite the Beracha and count aloud. If the Rabbi happened to forget to count one day, in which case he may not recite the Beracha before counting on the subsequent days of the Omer, he will likely suffer humiliation by being unable to recite the Beracha and count out load for the rest of the Omer period. Rabbi Wosner ruled that the Rabbi may continue leading the congregation in the recitation of the Beracha and the counting even if he had missed a day of counting. Firstly, according to some views one may continue counting with a Beracha even if he missed a day. Although we generally do not follow this opinion, this view is given consideration when a person's dignity is at stake. Additionally, the prohibition against reciting a Beracha Le'vatala (a purposeless Beracha) is, according to most authorities, Rabbinic in origin. Therefore, the concern for the Rabbi's dignity overrides the prohibition of Beracha Le'vatala, and we may therefore allow the Rabbi to continue reciting the Beracha over the Omer counting out loud, even if he had missed a day of counting.

Summary: Halacha allows transporting a dead body on Shabbat (where there is an Eruv) to save it from the degradation of an autopsy. If one forgot to cut tissue paper before Shabbat, and he needs paper during Shabbat, he may cut paper on Shabbat in an unusual manner. A Rabbi who normally recites the Beracha of Sefirat Ha'omer out load before the congregation, and misses the counting one night, may – at least according to some authorities – continue counting out load with a Beracha, rather than suffer the humiliation of not being able to continue reciting the Beracha.

 


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