| A. At first blush, it should not be permitted. Shulchan Aruch (OC 79:8) writes that one may not recite Shema facing an ashpah (garbage dump) that has a bad odor. It is forbidden to recite berachos or speak words of Torah in the proximity of foul-smelling refuse unless it is covered. In the last Halacha Yomis we pointed out that one can face a garbage pail when davening because the garbage is typically covered inside plastic bags. A dumpster is a different story because the bags are often ripped open. Since the bags are piled high, the spilled-out garbage may be visible. As such, it should be forbidden to daven when facing a dumpster. Nonetheless, the Sefer B'tzeil Hachochma (6:26) writes that there is room to be lenient for the following reason: Garbage dumpsters are considered a separate halachic domain. This is because they are taller than 10 tefachim (approx., 40 inches) and wider than 4 tefachim by 4 tefachim (16 inch X 16 inch). Even though they are not attached to the ground, they are still considered their own domain. Shulchan Aruch (OC 79:2) cites a three-way disagreement regarding refuse that is in a different domain (such as a room), but can still be seen. The Rosh writes that if the garbage is in a different domain, it is treated as if it is covered, and one may recite Shema, provided there is no odor. The Shuchan Aruch cites another opinion that goes one step further and allows davening with garbage that is in a different domain, even if there is a bad odor. On the other hand, the Rashba disagrees with both previous opinions and insists that being in a separate domain is not adequate on a Rabbinic level. The Mishnah Berurah (Beiur Halacha 79, s.v. Aval) writes that there is no definitive ruling. Nonetheless, even the Rashba agrees that when the refuse is in a different domain the prohibition is Rabbinic. Since it is unknown if there is refuse in the garbage bins, and even if there is, it is likely wrapped separately, this is considered a safek de'rabbanan (a doubt involving a rabbinic prohibition). So long as there is no smell, one may be lenient. Still, it is preferable to face away from the garbage when feasible. |
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