On today’s page of Talmud we read about ten conditions which Joshua stipulated when he divided up the Land of Israel between the tribes. These include the right of all to pasture animals in a privately owned forest, the right of all to fish from the Kinneret (called then the “Tiberias”) using hooks, and the right to draw water from a new privately owned spring. But today we will discuss another of these conditions. The right to defecate in public.
בבא קמא פא, א
וְנִפְנִין לַאֲחוֹרֵי הַגָּדֵר, וַאֲפִילּוּ בְּשָׂדֶה מְלֵיאָה כַּרְכּוֹם
And people shall have the right to relieve themselves outdoors behind a fence, even in a field that is full of saffron [karkom].
The Talmud then outlines the details of this public right:
בבא קמא פא, ב
אָמַר רַב אַחָא בַּר יַעֲקֹב לֹא נִצְרְכָה אֶלָּא לִיטּוֹל הֵימֶנּוּ צְרוֹר. אָמַר רַב חִסְדָּא: וַאֲפִילּוּ בְּשַׁבָּת. מָר זוּטְרָא חֲסִידָא שָׁקֵיל וּמַהְדַּר, וַאֲמַר לֵיהּ לְשַׁמָּעֵיהּ (לִמְחַר): זִיל שִׁירְקֵיה
Rav Aḥa bar Ya’akov said: It goes without saying that one may relieve himself when necessary; this stipulation is necessary only to permit the one relieving himself to take a stone out of a wall in the field with which to clean himself. Rav Chisda said: And it is permitted to remove a stone from a wall for this purpose even on Shabbat. Mar Zutra the Pious would take a stone in this manner on Shabbat and replace it in the wall, and say to his attendant after Shabbat: Go and plaster it over, so that it would fit securely back in the wall.
So the right even extended to using the stones from another person’s wall to as toilet paper, though for extra credit it should be replaced and plastered over. Thankfully, in rich, modern, liberal western democracies, open defecation is not something most of us need to think about. But it remains a reality for much of the world's population, even here in the US.
Elsewhere in the Talmud, open defecation is discussed, well, openly:
ברכות סב, ב
וְכֵן אָמַר לֵיהּ רַבִּי זֵירָא לְשַׁמָּעֵיהּ: חֲזִי מַאן דְּאִיכָּא אֲחוֹרֵי בֵּית חֶבְרַיָּא, דְּבָעֵינָא לְמִפְנֵי
Rabbi Zeira told his servant: See who is behind the study hall, as I need to defecate…
אָמַר עוּלָּא: אֲחוֹרֵי הַגָּדֵר — נִפְנֶה מִיָּד. וּבַבִּקְעָה, כל זְמַן שֶׁמִּתְעַטֵּשׁ וְאֵין חֲבֵרוֹ שׁוֹמֵעַ. אִיסִי בַּר נָתָן מַתְנֵי הָכִי: אֲחוֹרֵי הַגָּדֵר,כל זְמַן שֶׁמִּתְעַטֵּשׁ וְאֵין חֲבֵרוֹ שׁוֹמֵעַ, וּבַבִּקְעָה — כל זְמַן שֶׁאֵין חֲבֵרוֹ רוֹאֵהוּ
With regard to where one may or may not go to defecate, Ulla said: Behind a fence, one need not distance himself from people and may defecate immediately. In a valley or open field, one must distance himself sufficiently so that if he passes wind, no one will hear him. Isi bar Natan taught as follows: Behind a fence one must distance himself sufficiently so that if he passes wind another does not hear him, and in a valley, one must distance himself sufficiently so that no one can see him.
During Talmudic times nearly everyone defecated outside. So let’s discuss…open defecation.
Open Defecation - a Worldwide Problem
In 2018 a small team of public health and civil engineering experts conducted a survey of open defecation in the American city of Atlanta. Yes. Atlanta. America’s 37th most populous city, and home to the busiest airport in the world. They identified and mapped thirty-nine open defecation sites, the majority of which were located within just 400 meters of a soup kitchen. San Fransisco has also been challenged with open defecation on its streets. An NBC report last year found more than “300 piles of feces” throughout the downtown area, leading Dr. Lee Riley, an infectious disease expert at the University of California to conclude that areas of the city are even dirtier than the slums in some developing countries.
As its name implies open defecation is the practice of defecating in the open environment rather than using any kind of toilet. Although great progress has been made in reducing the practice, it still remains a serious challenge to public health. India is likely to be the country that comes to mind in association with open defecation, but that country has in fact made tremendous strides. “Sanitation is more important than independence,” Mahatma Gandhi remarked at a time when more than three-quarters of the population defecated in the open. Just two weeks ago, on the 150th anniversary of Gandhi’s birth, the Prime Minister Narendra Modi declared India free of open defecation. India launched its Swachh Bharat (Clean India) campaign in 2014, and Modi claimed that since then “toilets have been provided to more than 600 million people in 60 months, building more than 110 million toilets…No one was ready to believe earlier that India will become open defecation-free in such a short period of time. Now, it is a reality.” Critics are not convinced that the rates of open defecation have fallen as rapidly as Modi claimed, but there is no doubt the country has made a remarkable effort to improve the situation. According to the World Health Organization, the campaign saved as many as 300,000 deaths.
“Defecating in the open is as old as humankind. As long as population densities were low and the earth could safely absorb human wastes, it caused few problems. But as more people gathered in towns and cities, we gradually learned the link between hygiene and health and, in particular, the importance of avoiding contact with feces. Today open defecation is on the decline worldwide, but nearly 950 million people still routinely practice it. Some 569 million of them live in India. Walk along its train tracks or rural roads, and you will readily encounter the evidence.”
The percentage of people defecating in the open air declined worldwide from 1990 to 2015, with the most dramatic reductions in some of the least developed countries. Yet nearly 950 million people still practice this public health hazard. From National Geographic Magazine, August 2017.
“Open defecation, as strange as this may sound to Westerners, offers young women a welcome break from their domestic confines and the oversight of in-laws and husbands”
Bathrooms with locks - a Jewish gift to humanity
Here is a Mishnah that introduces a rather radical notion for the time: lockable latrine stalls:
משנה תמיד כו,א
ומדורה היתה שם ובית הכסא של כבוד זה היה כבודו מצאו נעול יודע שיש שם אדם פתוח בידוע שאין שם אדם
And a fire was burning there [in a tunnel off of the the side of the Temple in Jerusalem]…and there was a bathroom of honor in the Chamber of Immersion. This was its honor: If one found the door closed, he would know that there was a person there, and he would wait for him to exit before entering.
Restored view of Ithidiki’s lavatory on Amorgos, built in the mid-4th century BCE. From G.P. Antoniou, Lavatories in Ancient Greece. Water Science and Technology, Water Supply 7:1; 156-164.
This notion of privacy was not always shared. Prof Ann Olga Kolowki-Ostrow of Brandeis University is the world’s expert about Roman toilets, and author of the fascinating Archaeology of Sanitation in Roman Italy: Toilets, Sewers, and Water Systems. Virtually every home excavated in Pompeii and Herculaneum has its own private toilet she notes, but the Romans used two terms for their toilets, latrina and forica. The latrina was found in a home or private space and was not publicly accessible, whereas the forica was an open plan multi-seat facility. In contrast, the Mishnah and this passage of Talmud remind us that for Jews, the toilet was supposed to be a very private space.
More Advice on Hygiene
The Talmud has with more advice about what today we would call hygiene:
שטוף ושתי [שטוף] ואחית וכשאתה שותה מים שפוך מהן ואח"כ תן לתלמידך
When you drink wine, rinse the cup first and only then drink from it; after you drink, rinse the cup and only then set it back in its place. But when you drink water, it is not necessary to rinse the cup afterward; rather, pour out some of the water to rinse the rim of the cup, and afterward you may give the cup to your student, if he wants to drink.
The Essenes and Hygiene
Although ancient Judaism often encouraged frequent bathing and the washing of shared utensils, some sects really emphasized it. One of the most well known was the Essenes, a sect that broke away from Jerusalem and whose members lived around the Dead Sea from the second century BCE to the first century CE. It was this sect that gave us the Dead Sea Scrolls, and in the these scrolls are strict rules for where the Essenes were allowed to defecate. According to a report published in Nature, these places had to be “far enough away from the camp not to be visible, sometimes as much as 3,000 cubits (1.4 kilometres) away in a northwesterly direction. They also had to bury their feces and perform a ritual all-over wash in the local waters afterwards.” The report continues:
At Qumran, following such instructions would take the Essene men to a nicely secluded spot behind a mound. And … the soil there bears the hallmarks of a latrine — and one not used by the healthiest of people.
Dead eggs from intestinal parasites, including roundworm (Ascaris), whipworm (Trichuris), tapeworm (Taenia) and pinworm (Enterobius vermicularis), were preserved in the soil. "If you look at a latrine from the past you will always find these parasites," comments Piers Mitchell, a medical practitioner and archaeologist at Imperial College London, UK.
It seems a pretty ordinary picture of ancient ill health, says Mike Turner, a parasitologist at the University of Glasgow, UK. He describes the pinworm rather aptly as "common as muck", adding that to use its presence to argue that the Essenes wrote the Dead Sea Scrolls is "an interesting bit of lateral thinking…”
[One researcher, J. Zias] is certain that the toilet was used by the scrolls' authors. He was already convinced that the Essenes lived at Qumran from previous studies of the local graveyard, which contains remains of almost exclusively men, which fits with the fact that the Essenes were a monastic sect.
What's more, the men buried there had an average age at death of 34, making them a sickly bunch. But it wasn't the toilet parasites that finished them off, Zias suggests, but their ritual of post-poo bathing in a stagnant pool.
Geography worked against the Essenes because the pool in which they cleansed themselves was filled with run-off collected during the winter months. "Had they been living in Jericho 14 kilometers to the north, where one finds fresh spring water, or in other sites whereby one has an oasis, they would have lived quite well," Zias says.
What rotten luck: a religious code that emphasized bathing, but not the cleanliness of the water itself.
Although it lacked any idea about the causes of communicable diseases, the Talmud sometimes contained what we now understand to be very good public health advice. And the requirement to remove human waste far from habitation predates the Talmud. It is found in the text of the Torah itself:
דברים 23:10
וְיָד֙ תִּהְיֶ֣ה לְךָ֔ מִח֖וּץ לַֽמַּחֲנֶ֑ה וְיָצָ֥אתָ שָׁ֖מָּה חֽוּץ׃
וְיָתֵ֛ד תִּהְיֶ֥ה לְךָ֖ עַל־אֲזֵנֶ֑ךָ וְהָיָה֙ בְּשִׁבְתְּךָ֣ ח֔וּץ וְחָפַרְתָּ֣ה בָ֔הּ וְשַׁבְתָּ֖ וְכִסִּ֥יתָ אֶת־צֵאָתֶֽךָ׃
כִּי֩ יְה-וָ֨ה אֱלֹקיךָ מִתְהַלֵּ֣ךְ ׀ בְּקֶ֣רֶב מַחֲנֶ֗ךָ לְהַצִּֽילְךָ֙ וְלָתֵ֤ת אֹיְבֶ֙יךָ֙ לְפָנֶ֔יךָ וְהָיָ֥ה מַחֲנֶ֖יךָ קָד֑וֹשׁ וְלֹֽא־יִרְאֶ֤ה
בְךָ֙ עֶרְוַ֣ת דָּבָ֔ר וְשָׁ֖ב מֵאַחֲרֶֽיךָ׃
Further, there shall be an area for you outside the camp, where you may relieve yourself. With your gear you shall have a shovel, and when you have squatted you shall dig a hole with it and cover up your excrement. Since the Lord your God moves about in your camp to protect you and to deliver your enemies to you, let your camp be holy; let Him not find anything unseemly among you and turn away from you.
How fortunate we are that we no-longer have to dig our own outside latrines, or hop behind a fence and use a stone for cleanliness. But much of the world is not as fortunate. The Gates Foundation has donated at least $200 million to fix the problem, and if you want to help, click here to donate to the World Toilet Organization. Tell them it’s in honor of Mar Zutra the Pious.
