Plunging a Clogged Toilet on Shabbos

Plunging a Clogged Toilet on Shabbos

The Gemara discusses a rainwater pipe that becomes blocked on Shabbos by grass growing inside or getting washed in. It is mutar (permitted) to stomp down on the obstruction if it is done unobserved (b’tzin’a). Although removing the grass (or leaves) in the regular manner is assur (forbidden), we may use our feet to clear the obstruction since it is k’lachar yad (“backhanded”, i.e., indirectly); since water might otherwise leak into the house and cause the homeowner to suffer a great loss, resolving the issue with a shinui (change) from the usual manner is permitted.

With the advent of indoor plumbing, contemporary poskim vigorously debate this issue and compare the crude sewer system of old to modern toilets—how unblocking the gutter and removing clumps of grass may or may not be comparable to using a plunger on indoor plumbing. They also question the nature of the Gemara’s stance: which melachah (forbidden work) does stomping circumvent? Is clearing the pipe an issur d’oraisa (Biblical prohibition) of mesaken mana (fixing a vessel—which is a derivative of makeh b’patish—the final hammer blow) or is tearing the grass the issur d’oraisa of tolesh (detaching, a derivative of kotzer—harvesting)? Or is clearing a drainpipe just an issur d’rabbanan (Rabbinic restriction) of nir’eh k’mesaken (appearing to repair a vessel)?

On one side, there are poskim who claim that plunging a toilet is a completely different function than clearing grass from a pipe—it is only an alternative to regular flushing and does not involve any foreign substance. It is a normal and temporary, if unpleasant, outcome of normal usage and not the result—like a blocked gutter—of long-term neglect. Others maintain that the growing grass is the issur d’oraisa referred to by the Gemara and plunging a toilet does not interfere with any vegetation. There are authorities who state that clearing the debris in a modern plumbing system doesn’t involve breaking up a solid obstacle, unlike clumps of grass in pre-modern (and current-day) gutters. In all these cases, the entire issue becomes, at most, an issur d’rabbaban—so clearing the toilet with a plunger is permitted, since factors such as human dignity and comfort allow for leniency.

However, those halachic authorities who argue that clearing the toilet is related to the issur d’oraisa of mesaken would consider a plunger the usual manner of clearing a pipe—unlike a human foot—and we would therefore be hard-pressed to find leeway for using it routinely on Shabbos. (In this category, there are some poskim who distinguish sluggish performance from a complete blockage—since the former does not involve changing the toilet’s status from non-functioning to useable.)

 In the absence of a clear psak on plunging, these are the practical solutions: Waiting to deal with the issue until after Shabbos, if possible, is ideal and other means of un-stuffing a toilet (such as applying pressure with a high stream of water) can also be attempted. A non-Jew would be permitted to un-clog a toilet (or another plumbing problem, such as a backed-up drain) on Shabbos—even among the strictest of contemporary poskim, most rule that this is permissible. t is also acceptable for a Jew to use the plunger either with a shinui from regular usage (such as plunging one-handed), or in tandem with another person, so the melachah is not performed by a single individual.

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Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.