[6]. There are two pertinent halakhic discussions that inform this ruling.
The first is found in
Shabbat 141a: “R. Kahana said: ‘As for the clay on one’s clothing, one may rub it off from the inside but not from the outside.’” The prohibition is rabbinic because rubbing and scrubbing resemble washing.
Shabbat 140a adds that one may not scrub a scarf in order to make it brighter. This is also the ruling of SA 302:5, 7. Aĥaronim disagree regarding a stain that needs to be scraped multiple times with a knife or a nail in order to remove all of it.
Taz 302:6 maintains that scraping is not similar to
Kibus and is permitted, while MB 302:36 and BHL 302:7 s.v. “de-havei” maintain that it is prohibited. This is the standard ruling. But if one pauses between each scrape, it is permitted, as this does not resemble
Kibus.
The second halakhic discussion involves a disagreement whether one may shake dust from a new black cloak, if the owner would not wear it outside in such a state. According to
Tosafot, Rabbeinu Tam, Rosh,
Magid Mishneh in the name of Rashba, Ran,
Mordechai, and Raavad, one may shake the dust from the cloak, as there is no Torah prohibition of
Kibus without a cleaning agent – water or a different substance. According to
Behag, Rabbeinu Ĥananel, Rashi,
Or Zaru’a,
Yere’im,
Sefer Ha-Teruma, and
Shibolei Ha-leket, it is prohibited by Torah law. Since the dust disturbs the owner so much that he will not go outside wearing the clothing until it is cleaned, cleaning it is considered an act of
Kibus. Since the normal way to remove dust from clothing is to shake it out, this is prohibited by Torah law. The same law applies to a stain that is so severe that one would not wear the garment outside. Removing the stain in the normal fashion would be prohibited by Torah law, according to the stringent position (see SHT 302:41 and BHL 302:1 s.v. “alei”). Indeed, the Gemara (
Shabbat 147a) limits the prohibition on shaking to a new black item of clothing about which the owner is particular, and many rule this way in practice, including SAH 302:1 and
Ketzot Ha-shulĥan §116,
Badei Ha-shulĥan §3. However, BHL
loc. cit. clarifies that everybody is assumed to be particular about a new black item of clothing; however, if the owner is particular about a different type of clothing, then even if it is not new and black, according to the stringent view it is forbidden by Torah law to clean such clothing. In practice, the position of SA 302:1 follows most Rishonim, who are lenient. This is the position of
Yalkut Yosef 302:10 as well, except that in its opinion it is preferable to remove the dust with a
shinui. Rema 302:1 writes that it is preferable to be stringent. According to
Eliya Rabba, the
halakha demands being stringent since many Rishonim are stringent, and furthermore it is a case of a doubt about a Torah law. This is also the opinion of MB 302:6;
Ben Ish Ĥai, Year 2, Vayeĥi 8; and SSK 15:26-30. However,
Or Le-Tziyon 2:24:1 states that while it would be proper to defer to those who are stringent, since human dignity (
kevod ha-briyot) is at stake here one can be lenient and remove dust or a stain using a
shinui, which downgrades the disagreement to the level of a rabbinic prohibition. Accordingly, one may remove the dust from clothing using a
shinui, such as flicking with one’s finger.
Let us return to the case of a stain that the owner is particular about. During the week, one would remove it by scraping. Therefore, according to the stringent position, this is prohibited by Torah law. Since this is a case of uncertainty about a matter of Torah law, we are stringent (see BHL loc. cit. citing Behag; SSK 15:27). However, if one uses a major shinui, such as rubbing the stained clothing that he is wearing against the door, then even those who are stringent would agree that the prohibition is now only rabbinic. According to those who are lenient, since this act of rubbing is not a normal act of Kibus, it is permitted. One may rely upon this ruling since it is the majority opinion, the disagreement concerns a rabbinic law, and it pertains to kevod ha-briyot. If one removes only part of the stain by scraping or wiping it once, which is not the normal way of cleaning a stain, he may afterward remove the rest of the stain using a major shinui.