We are at the end of siman 29, and are discussing tearing toilet paper on Shabbos. We began by discussing a few ways to employ a non-Jew. When a non-Jew is not available, we learned a Jew can perform an issur derabanan for the purpose of kavod habriyos, such as carrying toilet paper from a neighbor’s house (if there is no eruv).
The next question is about performing a melacha deoraysa with a shinui. Although performing the melacha with a shinui also makes the melacha an issur derabanan, it is treated with greater stringency, because it is inherently an issur deoraysa that was modified through the shinui. For example, we find that in regards to performing a melacha for a choleh (who is not in a life threatening situation), performing an issur deorasya with a shinui is more chamur than an inherent issur derabanan.
However, performing a melacha deoraysa with a shinui is muttar for kavod habriyos. Thus, if one has no other option, they may rely on this option, and cut the toilet paper themselves with a shinui. However, it must be stressed that since this option is the most chamur, it should not be used unless one has no other options available.
We learned that one of the more preferable options was to ask a non-Jew. Preferably, one should hint to the non-Jew, but one could directly instruct them if they were not understanding the hint. Another, better option than instructing the non-Jew directly would be to instruct the non-Jew to perform the melacha with a shinui. In such a case, it is also considered shvus d’shvus on behalf of the Jew.
If the Jew instructs the non-Jew to perform the melacha with a shinui, and the non-Jew decides to perform it in a regular manner, it is not an issur, because the directive from the Jew was a shvus d’shvus. Although there can be other scenarios in which it would be assur to benefit from the melacha of a non-Jew, over here, it is muttar due to the concerns of kavod habriyos.
We see from this discussion that one should certainly be careful to cut toilet paper before Shabbos.
In regards to the plastic shrink-wrapping covering the toilet paper roll, in the same way it is muttar to tear the wrapping around food to access food, it is muttar to tear the toilet paper wrapping due to kavod habriyos.
Summary
- It is assur to cut toilet paper on Shabbos, because it is makeh bepatish, mechateich, and korea.
- Solutions, in order of halachic preference, include:
- Hinting to a non-Jew. One cannot tell them directly to tear it.
- Asking a non-Jew directly to carry the toilet paper from another home.
- Asking a non-Jew directly to cut the toilet paper with a shinui, and even if the non-Jew ends up tearing it directly.
- Asking the non-Jew directly to tear the toilet paper.
- The Jew tearing the toilet paper indirectly on their own, through grama
- The Jew performing a melacha derabanan, such as carrying the toilet paper from elsewhere.
- The Jew tearing the toilet paper with a shinui
- It is muttar to tear open the plastic surrounding a toilet paper roll.
