HIS HEART SEES [HIS] NAKEDNESS. Our Mishna says that if a person is in the mikvoh and he has no time to come out and dress before sunrise, he should cover himself with water and recite sh’ma. The Gemara questions our Mishna: How can you say that he is permitted to say sh’ma while sitting in clear water? His heart sees¹ the ervoh. The Gemara answers that this Tano holds that a heart seeing the ervoh is not a problem.² R’I explained that since the Gemara challengedthe first Tano as it did, by plainlyassuming that one’s heart may not see the ervoh, it appears that theGemara knew that the halochoh is thatwhen one’s heart sees the ervoh it is forbiddento recite sh’ma. However, Rabainu Sh’mayoh, a disciple of Rashi ruled like the first Tano thatwhen one’s heart sees the ervoh it is permittedto recite sh’ma. The Gemara soon introduces a dispute about whether it is permitted to recite sh’ma when one’s heel sees the ervoh. **However,**from the Gemara we will soon learn, it appears thatwhen one’s heart sees the ervoh it is forbidden to recite sh’ma, for the amoroim argue only about one’s heel seeing the ervoh, but when one’s heart sees the ervoh, there is general agreement that it is forbiddento recite sh’ma.³

footnotes: ¹ As we have explained earlier, this is figurative. It means that his heart is exposed to the ervoh. When the Torah says בך יראה ולא דבר ערות there shall not be seen among you any ervoh, this opinion understands the בך as referring to any part of the person that is generally not exposed to the ervoh in everyday normal dress. The heart is usually not exposed to the ervoh. ² The word בך literally means – you, in your entirety. When you are exposed to ervoh, it is forbidden to recite sh’ma because there is a lack of holiness, but this does not refer to individual parts of one’s anatomy. ³ That is the ruling in Shulchon Oruch Orach Chaim 74, 1 and 5. When one’s heart sees the ervoh it is forbidden to recite sh’ma. When one’s heel sees the ervoh, it is permitted to recite sh’ma.

AND THE HALACHA IS: [IF] HIS HEEL TOUCHED [IT IS] PROHIBITED. The Gemara’s conclusion is that when one’s heel is touching his ervoh, it is prohibited to recite sh’ma. And the reasonthat when his heel touches the ervoh, he may not recite sh’ma is because we decreethat although touching his ervoh with his heel will generally not evoke improper feelings, it should be forbidden to recite sh’ma when his heel toucheshis ervoh, becausewe are concerned that if we are lenient in this matter, he may touchhis ervoh with his handsand that is certainly forbidden because it evokes improper feelings

**A CHAMBER POT FOR EXCREMENT. ** We have learned that not only is it forbidden to recite sh’ma in the presence of excrement, it is also prohibited to recite sh’ma in the presence of a chamber pot designated for excrement. Rashi explainedthat the chamber pot we are discussing is made of earthenwarethat absorbs the foul odor of excrement. It appears that according to his explanation that a vessel that does not absorb such as glass it is possibly permissibleto recite sh’ma in its presence.¹

footnotes: ¹ In Shulchon Oruch 87, 1, he rules that in the presence of earthenware and wooden chamber pots it is prohibited to recite sh’ma, even if they have been washed properly. In the presence of glass or metal chamber pots it is permitted to recite sh’ma if they have been washed properly.

AND HE ONLY POURS INTO IT A QUARTER [LOG OF] WATER. See Artscroll note 36. The lead words of Tosfos do not appear in our Gemara exactly as Tosfos quotes them. The Gemara is saying that one can nullify the urine by adding water. There is an argument about how much water is needed to accomplish this nullification of urine. Some say even the smallest amount suffices. R’ Zakai says that a quarter log is required. The Gemara does not address nullification of the chamber pot, it only addresses the urine itself. Tosfos discusses the chamber pot. But as far as the chamber pot is concerned¹it is possible that water cannot accomplishnullification. No matter how much water is poured into the pot, it still remains a pot and it is not changed by the water, whereas the urine itself is changed by the water that is mixed with it.

footnotes: ¹ In our Tosfos the word אפשר is used. It seems that Tosfos is not sure about this matter. In other sources that seen to be quoting Tosfos, the word מסתבר is used, which implies that Tosfos is relatively certain that water does not nullify the pot.