Which bathroom do you use? TB Shabbat 50

One of the discussions on today’s daf TB Shabbat 50 deals with washing a man’s face when he has a beard on Shabbat. The underling principle is one may not wash his face with something that would remove any hair from his beard. But what really interests me is the story of Ameimar, Mar Zutra, and Rav Ashi.


 “Rav Sheshet said: Washing with berada is permitted on Shabbat. The Gemara asks: What is berada? Rav Yosef said: It is a mixture of one-third aloe, one-third myrtle, and one-third violets. Rav Neemya bar Yosef said: Everywhere that there is a mixture with no majority of aloe, it may well be used. Even if the mixture contains more than a third aloe, as long as it constitutes less than a majority, it does not cause hair to fall out.


“The Gemara relates that Ameimar, Mar Zutra, and Rav Ashi were sitting on Shabbat, and they brought berada before them for washing. Ameimar and Rav Ashi washed with it; Mar Zutra did not wash. They said to him: Doesn’t the Master hold in accordance with that which Rav Sheshet said: Washing with berada is permitted on Shabbat? Rav Mordekhai, who was also there, said to them: Except for him, the Master; i.e., do not draw conclusions from Mar Zutra, as he does not hold that one is permitted to use berada, even on a weekday.


“Mar Zutra holds in accordance with that which was taught in a baraita: A person may scrape off dried excrement crusts and scabs of a wound that are on his flesh because of the pain that they are causing him. However, if he does so in order to clean and beautify himself, it is prohibited. According to the tanna of this baraita, it is prohibited to adorn or beautify oneself, as the verse: “Neither shall a man put on a woman’s garment” (Deuteronomy 22:5) prohibits dressing or conducting oneself in the manner of women.


“The Gemara asks: And Ameimar and Rav Ashi, who permit use of berada, in accordance with whose opinion do they hold? They hold in accordance with that which was taught in a baraita: A person must wash his face, his hands, and his feet every day for the sake of his Maker, as it is stated: “The Lord has made everything for His own purpose” (Proverbs 16:4). Every beautiful thing that exists in the world sings the praise of God Who created beautiful things. Therefore, it is appropriate for one to beautify himself in praise of God.” (Sefaria.org translation)


According to Rashi on the verse Dt 22:5 found in TB Nazir 59a cross dressing would lead to promiscuous behavior. Men who crossed dressed and used cosmetics like a woman could freely mingle with women and that would lead trouble with a capital “T.” To me this sounds a lot like the arguments why transgender men really want to use the women’s washroom. We know that this reasoning is fallacious. The reason why transgender people choose a wash room has to do with the gender a person identifies with and nothing else. Consequently, I believe a person should use the washroom of the gender s/he identifies with and not the one s/he is born with.


By the way, the halacha is according to the baraita one must wash one’s face, hands, and feet and  beautify oneself in praise of God. (Rambam, Sefer Mada’ Hilchot Da’ot Chapter 3)