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Shevet HaKehosi: Can You Use Someone Else's Bathroom Without Asking Permission?

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Shevet HaKehosi: Can You Use Someone Else's Bathroom Without Asking Permission?
Provided by Revach L'Neshama (www.revach.net)

Revach L'Neshama

The gemara in Bava Kama says there are 10 conditions Yehoshua established when the Bnei Yisroel went into Eretz Yisroel. One of them is that a person may relieve himself behind the wall of his friends field even it is ripe with produce. The Rema (CM 274) brings this down L'halacha and adds that this applies even outside of Eretz Yisroel. The Prisha adds that although Yehoshua did not have in mind that this should apply in Chutz La'Aretz nevertheless we should learn from Yehoshua and act properly everywhere based on the principles he set down.

Another reason why it would be permissible is because the gemara in Peshachim says "Nicha Lei L'Inish L'evad Mitzva B'mimonei"; even without asking we can assume a person is happy to do a mitzvah with his property if use of it will not cause any damage (Do not apply this rule without consulting a Rav). Since holding oneself from going to the bathroom is an aveira of "Baal Tishaktzu"; do not make yourself disgusting, unless you have reason to believe otherwise you can assume that the owner of the bathroom is happy to accommodate you.

If however there is a specific law against this it is forbidden based on the rule of "Dina Dmalchusa Dina"; the law of the land must be upheld. (Shevet HaKehosi 3:306)

Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.

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