Daf Ditty Beitza 22: Smoking on Yom Tov

1
MISHNA: Rabban Gamliel also said three things as leniencies, in opposition to the view of most
of the Sages: One may sweep the room of the couches on a Festival, i.e., the dining room, where
they would recline on couches to eat, as there is no concern that by sweeping the room one might
come to fill in the holes and level the ground. And one may place incense consisting of fragrant
herbs on burning coals in order to perfume one’s house on a Festival. And one may prepare a

2
whole kid goat, meaning a kid goat roasted whole, with its entrails over its head, on the night of
Passover, as was the custom when they roasted the Paschal lamb in the Temple. However, the
Rabbis prohibit all three practices: It is prohibited to sweep lest one come to level the ground, it
is prohibited to burn incense because it does not meet the criteria of permitted food preparation,
and it is prohibited to eat a kid that was roasted whole on the night of Passover because it would
appear as if he were eating consecrated food outside the Temple.

GEMARA: Rav Asi said: The dispute with regard to incense applies only to a case where one
wishes to burn the incense in order to perfume his garments. However, if he burns the incense in
order to enjoy the smell, all agree that this is like other bodily pleasures, the satisfaction of which
has the same status as food preparation, and it is therefore permitted.

3
The Gemara raises an objection against Rav Asi’s understanding of the mishna from the
following Tosefta: One may not sweep the room of the couches on a Festival lest he fill in holes
and level the ground, but in the house of Rabban Gamliel they did sweep, as they did not share
this concern. Rabbi Eliezer bar Tzadok said: On many occasions I followed Father, Rabbi
Tzadok, into Rabban Gamliel’s house, and I observed that they would not actually sweep the
room of the couches on a Festival, but rather they would do the following: They would sweep
the room on the eve of the Festival and spread sheets over it so that it would not become dirty,
and on the following day, when the guests entered, they removed the sheets, and it turned out
that the house was cleaned on its own. The other Sages said to him: If so, it is permitted to do
so on Shabbat as well, and there is no dispute in that case.

4
The Tosefta continues: Similarly, one may not place incense on burning coals on a Festival, but
in the house of Rabban Gamliel they did place incense. Rabbi Eliezer bar Tzadok said: On
many occasions I followed Father into Rabban Gamliel’s house, and I noticed that they would
not actually place incense on burning coals on a Festival, but rather they would bring perforated
coal pans [ardaska’ot] made of iron, filled them with fragrant smoke on the eve of the Festival,
and plugged their holes on the Festival eve so that their fragrant smell would not escape. On the
following day, when the guests entered, they opened the holes, releasing the smell throughout
the house, and it turned out that the house was perfumed on its own.

The other Sages said to him: If so, it is permitted to do so on Shabbat as well. This shows that
the issue was not the perfuming of clothes but rather the burning of incense for the smell in the
house. It follows that the Sages prohibit the practice even when the incense is burned for the
enjoyment of the smell, against the opinion of Rav Asi.

Rather, the Gemara retracts its previous statement and says that if this was stated, it was stated
as follows: Rav Asi said that the dispute with regard to incense applies only to a case where one
burns the incense in order to enjoy the smell. However, if he burns the incense in order to perfume
his garments, all agree that it is prohibited.

5
Summary

We are learning about how Festival halachot are different from halachot of Shabbat.1 The rabbis
teach us about varied ideas, from food preparation to lighting incense. In yesterday's daf, Rabban
Gamliel described the three stringencies he followed based on Shammai's teachings. Some of the
ideas discussed today include:

• are we acting with Shabbat in mind when we prepare food on a Festival?

• what should be included in an eiruv tavshilin, a meal that connects Shabbat and a
Festival
• the labor involved in righting a disassembled menorah
• trimming a burned wick
• extinguishing a light for a different purpose
o marital relations, where darkness is considered a holier practice: people can
get creative about getting around the brightness of the light without extinguishing
it. To actually put out the light, the action must benefit all people there and not just
the marital couple, thus it stays on.
o putting out a fire, where we must be certain that we will lose our home,
possessions, and food before we are permitted to extinguish the fire.
• medical treatment for eyes
o not permitted when the ailment is not serious or is ending
o if treated by a Gentile and the Jew is only 'assisting' minimally during the
treatment itself, it is permitted
• thick loaves on Pesach
o how thick is thick?
o how thick are the shewbread loaves?
o does thickness refer to quantity rather than to the size of one loaf?
o how does a metal oven differ from an earthenware oven usually used for
baking bread?
o Beit Shammai say that we may not bake a large quantity of bread on
Festivals while Beit Hillel permit it.
A new Mishna teaches that Rabban Gamliel also said three things as leniencies which were against
the views of most other Sages. One may sweep the room of the couches on a Festival (the dining
room); one may place incense of herbs on burning coals to perfume the house on a Festival; One
may roast a kid goat whole (with its entrails over its head) on erev Pesach. The rabbis disagree
because the floor could become level if holes were filled in by crumbs, because the incense does
not meet the guidelines for prepared foods, and because the whole kid is too much like Temple
practice and people might denigrate Temple rituals.

1 https://dafyomibeginner.blogspot.com/2014/04/

6
The rabbis discuss a number of interesting arguments regarding each of Rabban Gamliel's
leniencies. It seems that these leniencies are in no way 'short cuts'. Each is an expression of
passionate adherence to the halachot. For example, the type of broom and the type of floor were
not at issue - for in Rabban Gamliel's home, they swept and then covered the floor with a sheet,
removing it on the Festival or Shabbat to find a perfectly clean floor. Not exactly a leniency! But
the rabbis are concerned with the wording of specific interpretations and how those interpretations
might be used in the larger communities.

Fragrance is discussed similarly. Rabban Gamliel would prepare an incense vessel or pan before
Shabbat or the Festival and then plug its holes. The following day, the holes were unplugged, and
it would seem that the room perfumed itself. This is permitted, though the rabbis are concerned
about leniencies that might encourage people to put incense directly on top of burning coals on
sanctified days.

MELACHAH ON YOM TOV FOR "MACHSHIREI OCHEL

NEFESH" AND FOR OTHER FORMS OF "HANA'AS HA'GUF"

Rav Mordechai Kornfeld writes:2

Aba bar Marta asked Abaye if one may extinguish a flame on Yom Tov for the sake of "Davar Acher."
Abaye first replied that one should use another house (or room) and not extinguish a flame. If no other
house is available, then one may set up a partition (Mechitzah) in his room. If no partition is available,
then he should place a utensil over the candle. If none of these alternatives are available, one may not
extinguish the flame.
If Abaye maintained that one may not extinguish a flame for the sake of "Davar Acher," then why did
he not say so in the first place?

The TAZ (OC 514:2) explains as follows. The Rishonim ask why Abaye ruled that one may not
extinguish a flame in this case, when this ruling follows the Rabanan who argue with Rebbi Yehudah
(as the Gemara concludes). The Gemara later (28a-b) says that the Halachah follows the opinion of
Rebbi Yehudah who permits one to do Melachos for the sake of "Machshirei Ochel Nefesh" (and for
Machshirim of other forms of Hana'as ha'Guf, bodily pleasure, as Rashi explains). Why, then, did
Abaye rule like the Rabanan who argue with Rebbi Yehudah?

TOSFOS (DH ha'Hi) and the ROSH (2:19) answer that the Gemara there says that even though the
Halachah follows Rebbi Yehudah, "Halachah v'Ein Morin Ken" -- when a Halachic authority is asked
whether a Melachah may be done for "Machshirei Ochel Nefesh" (or "Machshirei Hana'as ha'Guf"),
he may not openly instruct the inquirer to follow the opinion of Rebbi Yehudah. This is why Abaye
did not answer that extinguishing a flame is prohibited until after he gave all of the other alternatives.
By first telling the inquirer to obtain a dark room in some other way, Abaye alluded to him that
extinguishing the flame is not categorically prohibited (because the Halachah follows Rebbi Yehudah).
When Abaye, in the end, told him that it is prohibited, he was following the rule that "Ein Morin Ken,"
one may not directly instruct someone to act leniently and follow the opinion of Rebbi Yehudah. He

2 https://www.dafyomi.co.il/beitzah/insites/bt-dt-022.htm

7
did not mean that it is categorically prohibited. Accordingly, the Rosh concludes that if a person has
no other way to darken the room, then he is permitted to extinguish the flame because in practice the
Halachah follows Rebbi Yehudah.

Abaye was careful to say that he "spoke in accordance with the Rabanan," and not that he "ruled" like
the Rabanan, because he indeed did not rule like the Rabanan but rather merely stated the practical
Halachah in accordance with their view. The Halachah follows the opinion of Rebbi Yehudah, but "Ein
Morin Ken."

CHASAM SOFER (quoted by his son in Mahadura Tinyana) explains that the other Rishonim, who
disagree with the Rosh (see following Insight), give a different explanation for why Abaye did not state
right away that extinguishing a flame is prohibited. The RAMBAN (in Milchamos) explains that when
the Gemara (28a) says that the Halachah follows the view of Rebbi Yehudah with regard to Melachah
for "Machshirei Ochel Nefesh," it refers only to cases where the Machshir is needed for a direct
necessity of Ochel Nefesh. In the case of the Gemara here, however, the need for the Melachah was
not directly associated with Ochel Nefesh. The person's Simchas Yom Tov would not have been
diminished as a result of not being able to extinguish the flame. In cases where the Melachah is not
needed for a primary need of Ochel Nefesh, the Halachah does not follow Rebbi Yehudah and there is
no allowance to perform Melachah.

This is why Abaye instructed the inquirer to go to another house. Extinguishing a flame is not
considered a primary need of Ochel Nefesh because it is an unusual need (usually, Ochel Nefesh does
not involve extinguishing a flame, since there are so many other ways to obtain a dark room). By
suggesting other ways to circumvent the problem, Abaye showed why he did not permit one to
extinguish the flame: since there are so many other ways to obtain a dark room, one is not permitted to
extinguish the flame in the rare case in which he has none of the other options, because such a situation
is very unusual.

EXTINGUISHING A FLAME ON YOM TOV

Gemara discusses whether one may extinguish a flame on Yom Tov for the sake of "Davar Acher," in
order to prevent a financial loss, or in order to prevent one's house from filling up with smoke.
What is the Halachah in these three cases?

(a) The Gemara says that the Halachah depends on the argument between Rebbi Yehudah and the
Rabanan. They argue about whether or not one is permitted to do Melachah for "Machshirei Ochel
Nefesh" (and other non-food related, bodily pleasures) on Yom Tov. Since the Halachah follows Rebbi
Yehudah (28a), extinguishing a flame should be permitted if it increases one's pleasure on Yom Tov.
(Even though Abaye says that it is prohibited, he says this only because "Halachah v'Ein Morin Ken."
(TOSFOS, BA'AL HA'ME'OR, ROSH)

(b) The RIF and RAMBAM (Hilchos Yom Tov 4:4) write that according to the Gemara's conclusion,
extinguishing a flame in these cases is prohibited. The RAMBAN (in Milchamos) explains that
according to the Rif and Rambam, when the Gemara says that the Halachah follows Rebbi Yehudah
with regard to "Machshirei Ochel Nefesh," it refers only to a case in which doing the Melachah will
cause an increase in one's Simchas Yom Tov. The Melachah is permitted so that one does not refrain
from Simchas Yom Tov. In the three cases of the Gemara here, however, extinguishing the flame is

8
not needed for a primary need of Ochel Nefesh; one will not refrain from Simchas Yom Tov if he
cannot do the Melachah. (The ROSH offers this explanation as a second answer.)

The Ramban's intention is unclear. The CHASAM SOFER (see previous Insight) understands that the
Ramban means that these cases involve uncommon situations. The Chachamim did not permit one to
do Melachah for Hana'as ha'Guf in such cases. Alternatively, the Ramban means that in these cases
one is still able to eat, albeit with difficulty or uncomfortably. Therefore, the Chachamim did not permit
one to do Melachah for Hana'as ha'Guf in these cases.

(c) TOSFOS (DH ha'Hi) explains that the Halachah in practice involves a compromise. Rebbi
Yehudah permits two types of Melachah: Melachah needed for "Machshirei Ochel Nefesh" and
Melachah needed for "Machshirei Hana'as ha'Guf" (as Rashi says in DH Rebbi Yehudah). The Gemara
here refers to the second Heter of Rebbi Yehudah when it says that he permits extinguishing a flame
for "Davar Acher" and in order not to have to eat outside (Rashi DH Eisivei). However, the Halachah
follows Rebbi Yehudah only with regard to his first Heter, and thus one is permitted to do Melachah
for "Machshirei Ochel Nefesh." The Halachah does not follow Rebbi Yehudah with regard to his
second Heter, and thus one may not do Melachah for "Machshirei Hana'as ha'Guf."3

HALACHAH: The SHULCHAN ARUCH (OC 514:1) rules like the Rif (in (b) above) and writes
that extinguishing a flame on Yom Tov is prohibited. The REMA cites the Rishonim who permit
it (in (a) above), but he adds that if one is able to go to another home to eat, he is not permitted
to extinguish a flame in order to prevent a financial loss (because the act of extinguishing is not
being done for the sake of "Machshirei Ochel Nefesh," pleasure on Yom Tov, but for the sake of
preventing a financial loss).

CIGARETTES ON YOM TOV

The Gemara discusses the act of placing incense on coals on Yom Tov, which involves the
Melachos of kindling and extinguishing. The Gemara's discussion is relevant to a debate among
the Acharonim with regard to the question of whether or not one is permitted to use cigarettes on
Yom Tov.

Most contemporary authorities state that there is no allowance to smoke at all, even on an ordinary
weekday, due to the established and documented health hazards which the effects of cigarettes and
second-hand smoke pose to the smoker and to those around him. Nevertheless, according to those
who do permit a Jew to smoke, may one smoke on Yom Tov? (This discussion is a summary of
the issues involved and is not intended as a Halachic ruling.)

There are four major issues involved with smoking on Yom Tov.

(a) The MAGEN AVRAHAM (OC 514:4) cites the KENESES HA'GEDOLAH who prohibits
smoking on Yom Tov because it involves the Melachah of Mechabeh, extinguishing.

3 This is similar to the Ramban's approach, according to the second understanding, in (b) above. The difference is that Tosfos
apparently maintains that the prohibition against Melachah for "Machshirei Hana'as ha'Guf" is an Isur d'Oraisa, and the Ramban
maintains that it is an Isur d'Rabanan.

9
In a lengthy Teshuvah, the DARCHEI NO'AM (#9) asks that the act of smoking appears to
involve no act of Mechabeh, but rather an act of Hav'arah (burning). Any conceivable form of
Mechabeh involved (such as diminishing the fire by squeezing the cigarette) would be a "Davar
she'Eino Miskaven" and not a "Pesik Reishei," and thus should be permitted.

(b) The MAGEN AVRAHAM proposes a more basic reason to ban smoking on Yom Tov. Even
if it does not involve Mechabeh but only Hav'arah, and Hav'arah is permitted on Yom Tov because
of the principle of "Mitoch," the principle of "Mitoch" permits only an act which is "Shaveh l'Chol
Nefesh," which everyone enjoys. Smoking is certainly not something which everyone enjoys.

However, the PNEI YEHOSHUA (Shabbos 39b, DH v'Omer) and RAV YONASAN
EIBESHITZ (in BINAH L'ITIM, Hilchos Yom Tov 4:6) write that this reason is not enough to
prohibit smoking on Yom Tov. TOSFOS in Shabbos (39b, DH u'Veis Hillel) discusses whether
one may enter a bathhouse to sweat on Yom Tov. He writes that although the act of washing the
entire body is not "Shaveh l'Chol Nefesh" and is therefore prohibited (see Tosfos to Beitzah 21b,
DH Lo), nevertheless sweating is permitted because it is for the sake of maintaining one's health
(Refu'ah) and not for pleasure. Similarly, the medicinal properties of nicotine may be grounds to
permit smoking.

HAGA'ON RAV YISRAEL ZEV GUSTMAN zt'l was asked if this argument is valid grounds
to permit smoking on Yom Tov today, when the dangerous effects of smoking have been proven
beyond any doubt. Rav Gustman answered that any person who smokes convinces himself that it
is beneficial for him. The issue of whether an activity is considered one that merely provides
pleasure or one that provides health benefits does not depend on whether or not the activity is
objectively healthy, but whether the person himself does it for pleasure (in which case it is not
"Shaveh l'Chol Nefesh" and is forbidden on Yom Tov), or for the perceived positive chemical
effects that it has on his body. One who smokes presumably does so for the artificial calming effect
of the nicotine. In that respect it could be considered "Shaveh l'Chol Nefesh," because with regard
to acts of Refu'ah what matters the ultimate effect is and not what causes that effect, as the KESAV
SOFER explains (Teshuvos OC #64). Since everyone appreciates the sense of being relaxed, any
act which provides relaxing effects is considered to be "Shaveh l'Chol Nefesh."

The KORBAN NESANEL (Beitzah 2:22:10) cited by the BI'UR HALACHAH (511:4)
mentions another rational to consider smoking an act which is "Shaveh l'Chol Nefesh." Since many
people, and not merely a few, have the practice to smoke, the act can be considered "Shaveh l'Chol
Nefesh." The Bi'ur Halachah adds that this obviously applies only in a place where smoking is the
accepted cultural norm, and most people smoke.
The KORBAN NESANEL himself, however, prohibits smoking on Yom Tov. The fact that in a
certain place most people smoke does not make the act "Shaveh l'Chol Nefesh," because smoking
is harmful to those who are not accustomed to it. Lighting the "Mugmar" and washing one's entire
body are also things that many people do and are still considered things which are not "Shaveh
l'Chol Nefesh" since some people do not appreciate such "pleasures." The PNEI
YEHOSHUA (Shabbos 39b) also presents this argument.

(c) The PRI MEGADIM (OC 511) points out that an additional problem is involved when there
is printing or letters on the outside of the cigarette wrapper, and by smoking one destroys those

10
letters and transgresses the Melachah of Mochek (erasing). Because of this concern, some people
who smoke on Yom Tov do not finish the cigarette when it burns down to the letters, but they let
it burn by itself so that they should not transgress the Melachah of Mochek.

RAV HILLEL RUVEL shlit'a pointed out that this practice does not circumvent the problem of
Mochek according to the NIMUKEI YOSEF in Bava Kama (22a). The Nimukei Yosef rules that
when one lights a fire, he is considered to have burned everything that will eventually be burned
by the fire. When Rav Ruvel brought this issue to the attention of Rav Gustman zt'l, Rav Gustman
said that those who act leniently may rely on the OR SAME'ACH (Hilchos Shabbos 23:2) who
says that one who burns a book on Yom Tov is not liable for the Melachah of Mochek, because
Mochek involves taking away the words and not the entire paper.

(d) The KORBAN NESANEL (loc. cit.) writes that even if no Isur d'Oraisa forbids smoking on
Yom Tov, it is almost impossible for one who smokes on Yom Tov to avoid transgressing Isurei
d'Oraisa, such as Hav'arah when he attempts to light the pipe, cigar, or cigarette, or when he adds
or removes tobacco from a pipe, or when he taps the ashes off of a cigarette. (This may be the
intention of the Keneses ha'Gedolah cited in (a) above.)

Other Acharonim (BIRKEI YOSEF OC 511) write that this reason cannot be used as grounds for
prohibiting smoking on Yom Tov, because it is accepted that the sages today do not enact new
Gezeiros. Since this reason entails making a Gezeirah (that one may not smoke lest he transgress
an Isur d'Oraisa), today's sages cannot enact a rabbinical prohibition to prohibit smoking on Yom
Tov in order to prevent one from transgressing Isurei d'Oraisa.

HALACHAH:

The KORBAN NESANEL concludes in very strong terms that one who smokes on Yom Tov acts
reprehensibly, and "one who wants to honor Hash-m and his Torah should refrain from smoking
for just one or two days (Yom Tov), even though his Yetzer ha'Ra might suggest ways to permit
it based on the Shas."

However, most Acharonim (as cited by the BI'UR HALACHAH loc. cit.) rule that in a city where
most of the people smoke, the act of smoking can be considered "Shaveh l'Chol Nefesh" and thus
one may smoke on Yom Tov. RAV MOSHE STERNBUCH shlit'a points out that nowadays, since
even in places where people smoke they know that it is harmful to their health, and since in more
and more places smoking is looked upon disapprovingly, it is very difficult to rely on these reasons
to permit smoking on Yom Tov.

When asked by Kollel Iyun Hadaf whether smoking is permitted on Yom Tov, HAGA'ON RAV
CHAIM PINCHAS SHEINBERG shlit'a said that it is certainly not considered an act which is
"Shaveh l'Chol Nefesh" and thus it is forbidden on Yom Tov.

Rav Sheinberg added that it has been proven that smoking is hazardous to one's health, and
therefore smoking is never permitted, even on an ordinary weekday. (Regarding those who already
smoke and who suffer from nicotine addiction, see IGROS MOSHE YD 2:49, and TESHUVOS
V'HANGAHOS 1:316.)

11
Another interesting question raised by the Acharonim is whether one who maintains that smoking
is forbidden on Yom Tov may light a cigarette for someone who is lenient. The KESAV
SOFER (ibid.), based on the SHA'AR HA'MELECH (Hilchos Ishus 7:12), writes that if one
person maintains that a certain practice is prohibited and he helps another person, who maintains
that the practice is permitted, to do that act, he transgresses the prohibition of "Lifnei Iver."
Therefore, one who maintains that smoking is prohibited may not help another person smoke on
Yom Tov, and he must treat cigarettes and other smoking implements as Muktzah. However, the
Kesav Sofer adds, if he maintains that the Halachah permits smoking, but he personally is stringent
and does not smoke, then he may light a cigarette for someone else who smokes.

Steinzaltz (OBM) writes:4

The Gemara on our daf discusses whether eye diseases can be treated on Yom Tov. As the
Gemara points out, in situations of potentially life-threatening danger it is obvious that any
treatment can be done; the issue at hand is whether treatments to improve vision or minor ailments
can be used.

Medical treatment of the eyes has a long history since such conditions were common in the Middle
East due to an abundance of sand and insects that carried diseases. Archaeologists have found
instruments used in surgical operations on the eye from the Talmudic period. The discussion in
our Gemara, however, deals with the application of salves or creams that were inserted into the
eye by means of a mik’hol – a tiny spoon that was also used for applying cosmetics.

The Gemara leaves this question as a disagreement between Rabbi Yehudah and
the Rabbanan. Ameimar, however, permitted the application of salves on the eye on Yom Tov if
it was done by a non-Jew. In response to Rav Ashi’s objection that a non-Jew could only be
employed to perform such an activity if the Jew does not assist him – and in the case of inserting
a cream into the eye, the patient must be playing an assisting role – Ameimar argues
that mesayei’ah ein bo mamash – that merely assisting is not considered an act of significance.

It is difficult to claim that mesayei’ah ein bo mamash since there are many instances in the Talmud
that even the person assisting in a given case is considered to have played a significant role.

Rabbi Akiva Eiger suggests that a distinction must be made between cases where
the mesayei’ah participates in the activity (where such participation would be forbidden) and
where he merely allows the activity to take place, like in our case where opening and closing the
eye allows the medicine to be applied.

4 https://www.ou.org/life/torah/masechet_beitzah_2127/

12
And R’ Hamnuna said, any condition that is not life threatening, [it is permitted] to tell a non-Jew
to treat, that applies when the patient does not assist in the treatment, but the Master assisted with
the treatment …Assisting is insignificant.

Our Gemara addresses treatment on Shabbos for an eye condition that does not pose a threat to the
life of the patient. The only dispute regarding this issue presented in the Gemara is whether the
Jewish patient is permitted to assist the non-Jew with the treatment, but all opinions agree that a
non-Jew may be asked to administer this treatment. Shulchan Aruch and Rema1 put two types of
patients into this category.

The first is the patient whose illness does not pose a threat to life but nonetheless requires the
patient to remain bedridden. The second category is a patient that is experiencing severe pain which
weakens the entire body.

The ruling of Shulchan Aruch for these categories of patients is that a non- Jew may be asked to
administer any treatment, even one which would constitute a Biblical transgression (2). A Jew, on
the other hand, is not permitted to violate Shabbos for the sake of this patient even if the lack of
treatment puts the function of a limb at risk.

Concerning the issue of the patient assisting the non-Jew in the treatment, the patient, or even
another person (3), may provide minor assistance to the non-Jew in administering the treatment.
“Minor assistance” is defined as those activities that could have been performed by the non-Jew
himself. For example, opening and closing of the eye to assist the eye medicine entering the eye
could be done by the non-Jew, therefore, if a Jew assists with the procedure it is considered “minor
assistance” and thus permitted. Treatments that could not be executed by the non-Jew himself and
require the assistance of the patient or another are categorized as “major assistance” and prohibited
(4).

13
Once, the Rebbe of Ger, zt”l, came to visit Rav Chaim Soloveitchik, zt”l, the Rav of Brisk. The
two spent a long time in private conversation in a side room, and when it was time for the Rebbe
to take his leave, the Rav accompanied his guest to the door.

Just before he left, the Rav of Brisk asked his illustrious visitor a question. He said, “I have always
found a certain statement of Chazal quite perplexing. Perhaps you have an answer. The
Midrash on Parshas Tetzave teaches that we find that Rabbi Chaninah s’gan kohanim said:
When I served in the Beis HaMikdash, I would light the menorah on Rosh HaShanah, and it
would miraculously stay lit until the following Rosh HaShanah. But we know that lighting the
Menorah was a positive commandment that was to be performed every single day! How could it
be that they did not fulfill a ‫ מצות עשה‬for an entire year?”

The Gerrer Rebbe answered without missing a beat, “Don’t we find that it says in the Baraisa
brought in Beitza 22a that one who adds oil has transgressed the prohibition of ‫? מבעיר‬
This is true even if a person only added a single drop. If so, it could have been that they added
a single drop of oil every day for the sake of fulfilling the mitzvah, and because it was only a
drop, there was also a miracle occurring. ‫ בדיעבד‬,adding less than the full amount of oil to the
Menorah is not ‫!“ מעכב‬

With that the Rebbe went on his way. Afterward, the Rav of Brisk praised the quick-witted
response to those with him. “What a lovely p’shat,” he said. “Wonderfully clever!

Rachel Scheinerman writes:5

Today’s page is governed largely by two mishnahs about Rabban Gamliel. The first lists three
stringencies that he held — aspects of festival observance that he followed in accordance with the
opinion of Beit Shammai and not Beit Hillel. (They were: Not insulating food cooked on the
festival to enjoy on Shabbat, not setting up a metal candelabrum that had fallen over and not baking
thick loaves of bread.) Gamliel’s agreement with Shammai here is especially notable because he
himself was a descendant of Hillel, so he had more at stake than most in the rivalry between the
two schools.

The second mishnah lists three ways Rabban Gamliel was lenient in his observance of festivals.
He apparently swept his dining room floor (“room of the couches”) and placed incense on his
coals. On Passover, he served an entire roasted goat (even though the sages forbade this because
it gave the impression of improperly slaughtering a paschal sacrifice after the destruction of the
Temple). All of these, one can’t help but notice, are leniencies that would have helped this wealthy
and well-connected rabbi to throw a classy party. A festival banquet just isn’t the same with a dirty
floor and stale air, is it? And who doesn’t want to serve an impressive main course?

5
Myjewishlearning.com

14
But the Gemara wonders about some of these leniencies. Did Gamliel really do these things? An
eye witness thinks not. According to the Tosefta (a rabbinic text of the same era as the Mishnah),
Rabban Gamliel managed to present his guests with pristine floors without actually sweeping them
on the festival:

Rabbi Eliezer bar Tzadok said: On many occasions I followed my father into Rabban
Gamliel’s house, and they would not actually sweep the room of the couches on the festival,
but rather they would sweep it on the eve of the festival and spread sheets over the floor so
it would not become dirty. On the following day, when the guests entered, they removed the
sheets, and it turned out that the house was cleaned on its own.

It’s not that Rabban Gamliel swept on a festival, says Rabbi Eliezer bar Tzadok, drawing on a
childhood memory, but that he would sweep ahead of the festival and then protect the floor with
drop cloths which were pulled up just before guests arrived — revealing a floor that was perfectly
clean without the need to actually sweep.

Likewise, says Rabbi Eliezer bar Tzadok, Rabban Gamliel wouldn’t actually place incense on the
fire during a festival (or, more likely, his servants wouldn’t), but he would burn incense in a special
perforated coal pan just in advance of the festival. Then, by closing the slits on this pan, he would
trap the fragrant smoke inside. The next day, the slits were opened just as guests arrived, and the
smoke poured out, perfuming the house.

These are clever workarounds for the experienced host who wishes to create the right ambiance at
his festival banquet. The Gemara wonders, however, how to reconcile the two sources. If Rabban
Gamliel’s family followed these practices — spreading a sheet on the floor and burning incense in
a special coal pan ahead of the holiday — why would they only do this on a festival? Couldn’t
they also do these things on Shabbat? And yet, the mishnah says specifically that he was lenient
in these respects on a festival. Perhaps he used the sheet trick on Shabbat, and went ahead and
swept on a festival? It’s difficult to say. However he managed it, one can be sure it was a lovely
party — fit to express the joy of the festival.

Rabbi Johnny Solomon writes:6

We were previously taught in the Mishna (Beitzah 2:6, 21b) that on three matters Rabban Gamliel
ruled strictly in accordance with Beit Shammai - of which one was that ‫אין זוקפין את המנורה ביום טוב‬
– ‘we may not straighten a candlestick on Yom Tov’.

In today’s daf (Beitzah 22a) this ruling is further scrutinized, and it is here where we learn that
what is being discussed is a candlestick made up of different parts, such that by straightening the
candlestick, Beit Shammai considers it to be a form of ‫ – בונה‬building.

6
www.rabbijohnnysolomon.com

15
Interestingly, we are taught in the Tosefta (Beitzah 2:12) about a time when Rabban Gamliel and
other elders were sitting together [in Rome] and the candlestick fell on Yom Tov. Rabbi Akiva,
who was among those present, got up and straightened the candlestick.
Rabban Gamliel - seemingly frustrated by the fact that Rabbi Akiva took a stance on this
controversy and, moreover, acted contrary to his view - retorted to Rabbi Akiva: ‘Akiva! Why are
you putting your head between the argument [concerning whether such an action is permitted or
not]?’ To this, Rabbi Akiva responded, ‘Have you not taught us that we follow the majority? Even
though you forbid [such an action], they permit it, and the law is in accordance with the majority.’

From Rabban Gamliel’s response it seems that he felt that Rabbi Akiva was not qualified to take
a stance on this debate. However, Rabbi Akiva responded by explaining that the debate was already
decided based on the Torah’s ruling that we follow the majority - meaning that he was not deciding
the halacha, but rather, acting in accordance with the halacha as decided by the rules of halacha.

What we see here is that while an individual posek has the right to rule according to their
understanding of the halacha, this does not negate the legitimacy of halachic principles - such as
‘follow the majority’ (in those instances where such principles apply) – from being applied.

Rabbi Yirmiyohu Kaganoff writes:7

Question #1: Plan-overs on Yom Tov

"I have been told that there is a way to cook more than you need on Yom Tov in order to have
plenty of leftovers for Chol Hamo’ed or for after Yom Tov. How does that work?"

Question #2: Muktzah Grill

"I own a portable, charcoal-fired grill. Is it muktzah on Yom Tov?"

Question #3: Fireplace on Yom Tov?

"May I use my fireplace on Yom Tov?"

Answer:

When discussing the laws of Yom Tov, the Torah teaches kol melacha lo yei’aseh bahem, ach
asher yei’acheil lechol nefesh hu levado yei’aseh lachem, "No work should be performed on these
days; however, that which is eaten by everyone (kol nefesh), only that may be prepared for
yourselves" (Shemos 12:16). We see from the posuk that although most melachos are forbidden
on Yom Tov, cooking and most other food preparations are permitted. Yet, we also see that this
posuk does not provide a blanket approval for all food preparations but limits it to that which is
eaten by everyone (kol nefesh), and furthermore permits only performing melacha "for yourselves"
as the beneficiaries. We will see, shortly, what these pesukim include and exclude.

7 https://www.yeshiva.co/midrash/44784

16
This article is not a full review of the rules of Yom Tov observance; rather, it focuses on some
details of the laws of preparing food on Yom Tov, with which many people are unfamiliar. As
always, this article is not meant to provide halachic guidance for our readers – that is the role of
the individual’s rav or posek. The purpose of this article is to provide background and to explain
concepts.

Kol nefesh

The posuk permits cooking and food preparation. Certain other activities are also permitted, even
though they are not food preparatory, such as carrying, but these activities are permitted only when
there is a Yom Tov purpose or benefit (Tosafos, Beitzah 12a). Nevertheless, activities such as
burning incense are forbidden on Yom Tov, because the Torah permits only that which kol nefesh,
"everyone," appreciates; not everyone appreciates the smell of burning incense (Mishnah, Beitzah
22b; Kesubos 7a; Shulchan Aruch, Orach Chayim 511:4). On the other hand, it is permitted to add
a pleasant fragrance to food that will be eaten, since this is considered tzorach ochel nefesh, a food
purpose (Shulchan Aruch, Orach Chayim 511:4 and Mishnah Berurah ad locum).
Most authorities prohibit smoking on Yom Tov, because many people do not appreciate its
"benefits." Even in earlier generations, when the dangers of smoking tobacco were not known,
there was a large discussion among halachic authorities whether smoking is permitted on Yom
Tov, because of the concern that it does not qualify as something that kol nefesh enjoys (Magen
Avraham 514:4, Pri Megadim and Chasam Sofer ad locum; Mor Uketziyah, 511; Pnei Yehoshua,
Shabbos 39b s.v. Ve’omer R"I; Korban Nesanel, Beitzah 2:22:10 et al.)

Cooking that is prohibited

Even cooking and other food preparations are not always permitted on Yom Tov. For example, it
is permitted to cook and prepare food on Yom Tov only when that food will be served on Yom
Tov, but it is forbidden to cook on Yom Tov for Chol Hamo’ed, on the first day of Yom Tov for
the second day, or on either day of Yom Tov for after the holiday is over. Even cooking on a Yom
Tov that falls on a Friday for Shabbos is permitted only when one first makes an eruv tavshillin, a
topic for a different time. Similarly, preparing the meals of the second night of Yom Tov may not
take place on the first day of Yom Tov. For this reason, a common custom in Eastern Europe was
to delay Maariv on the second night of Yom Tov in order to discourage beginning the meal
preparations before the first day of Yom Tov was over. (Remember that, in those days, preparing
the meal before Yom Tov and freezing or refrigerating it so that it could be warmed up was not an
option.) The davening was delayed intentionally, so that by the time the men returned home from
shul, the women would have had sufficient time after the first day of Yom Tov had ended to
prepare the meal.

Cooking on Yom Tov for a non-Jew is prohibited (Shulchan Aruch, Orach Chayim 518:2).
Furthermore, Chazal forbade inviting a non-Jew for a Yom Tov meal, out of concern that a Jew
might cook specifically for him on Yom Tov (Beitzah 21b). It is permitted to invite non-Jewish
domestic help for a Yom Tov meal, since you would not prepare for them a special dish (Rosh;
Shulchan Aruch, Orach Chayim 512:1). However, you may not cook for them on Yom Tov.

17
Similarly, it is forbidden to cook or do other melacha on Yom Tov for an animal. Thus, although
it is permitted to mix baby cereal on Yom Tov, even in a way that is prohibited on Shabbos because
of the melacha of losh, kneading, this can be done on Yom Tov only for a Jewish child. To prepare
this product for a non-Jew or for a pet is not permitted on Yom Tov, since this involves a melacha
activity. Similar to cooking and other food preparatory melachos, losh is permitted on Yom Tov,
but only to provide food for someone Jewish.

Plan-overs

At this point, we can begin discussing the answer to our opening question: "I have been told that
there is a way to cook more than you need on Yom Tov in order to have plenty of leftovers for
Chol Hamo’ed or for after Yom Tov. How does that work?"

Adding more

One type of cooking that is permitted on Yom Tov is called marbeh be’shiurim, literally increasing
the quantities, which means that, while preparing food on Yom Tov, it is permitted to include a
greater quantity while cooking, provided no additional melacha act is performed. For example, if
you need to heat a small amount of water for a cup of tea, you may place a large pot of water on
the fire, since only one act of heating water -- placing a pot on the fire -- is being performed.
However, this is prohibited if an additional melacha action is performed. For example, if the pot
is already on the fire, you may not add extra water to it, since this involves a new melacha activity.
Here are other examples. If you are making a cholent or cooking soup, you may add into the pot
greater quantities of meat, beans, or other ingredients than you will need for your Yom Tov meal
before it is placed on the stove, because you place the entire pot onto the fire at one time. You may
fill a pot with meat on the first day of Yom Tov, even though you need only one piece for the first
day.

However, it is prohibited to prepare individual units of a food item, knowing that you are preparing
more than can possibly be eaten on Yom Tov. For this reason, you may not fry more schnitzel or
similar items than you will possibly need for a Yom Tov meal, since these involve separate
melacha actions. Similarly, it is forbidden to bake more than necessary for the day (Beitzah 17a).
Adding water or meat before putting the pot on the fire simply increases the quantity cooked but
does not increase the number of melacha acts. Shaping each loaf or roll is done separately, which
is forbidden on Yom Tov as unnecessary work.

Why is this permitted?

Why is it permitted to cook extra on Yom Tov by use of marbeh be’shiurim? We would think that
cooking extra on Yom Tov is forbidden, just as in a situation of pikuach nefesh, when it is
forbidden to cook more than what is necessary for the needs of the ill person. So, why is it permitted
to cook extra on Yom Tov, as long as no extra melacha actions are performed?
The Ran (Beitzah 9b in Rif pages, s.v. Umiha) explains that there is a qualitative difference
between the performance of melacha actions on Shabbos (or Yom Tov) to save someone’s life,
versus cooking on Yom Tov. Although saving lives is a huge mitzvah, even if it involves

18
desecrating Shabbos, the act performed is still a melacha on Shabbos. The Torah permitted this
melacha because saving lives is more important.

On the other hand, when the Torah defined prohibited activities on Yom Tov, it defined the
prohibition as melachos that are not food preparatory. Preparing food on Yom Tov involves no
melacha activity whatsoever and is as permitted on Yom Tov as it is to set the table on Shabbos.
Since no melacha activity is performed, there is nothing wrong with adding more to cook in the
course of preparing the Yom Tov meal, provided that no additional actions are done.

Muktzah on Yom Tov

In general, the laws of muktzah apply on Yom Tov, although there are many situations in which
the laws are different from the way these laws are applied on Shabbos. First we will review the
basic categories of muktzah, so that I can explain how the rules are different on Yom Tov.
There are three levels of muktzah:

A Kli she’me’lachto leheter is an item whose primary use is permitted, such as a chair or
pillow. Such an item can be moved on Shabbos or Yom Tov in order to accomplish one of three
purposes:

(1) To use it.

(2) To use the place where it is located.

(3) To avoid it becoming stolen, lost, or damaged.

However, it may not be moved without any reason (Shabbos 123b-124a; Shulchan Aruch, Orach
Chayim 308:4).

Therefore, if you left a pillow on your open porch and you are afraid that it will rain, you can bring
the pillow indoors. You are also permitted to use it for a pillow fight, assuming the other person is
agreeable to the pillow fight. (If they are not, it would be prohibited to use it for this purpose even
on a weekday.) However, it is not permitted to move a pillow without any purpose at all.

B Kli she’me’lachto le’issur is an item whose primary use is forbidden, such as a hammer
or a needle, although you might have a permitted reason to use it. An item in this category may be
moved to accomplish one of two purposes:

(1) To use it. If there is a need to use it for a purpose that is permitted, and there is no kli
she’me’lachto leheter readily available to do the job (Shabbos 124a). For example, it is permitted
to use a hammer on Shabbos or Yom Tov to open a coconut, or a needle to remove a splinter. (In
the latter case, you should try to avoid causing bleeding.)

(2) To use the place where it is located.

19
Under normal circumstances, it may not be moved for any other purpose. It may not be moved
when your reason to move it is concern that it may be stolen, damaged or lost.

C Completely muktzah

These are items that may not be moved for most purposes on Shabbos or Yom Tov.

Differences between Yom Tov and Shabbos

Because it is permitted to cook and prepare food on Yom Tov, the definitions of what fits into the
above categories on Yom Tov are not necessarily the same as they are on Shabbos. For example,
utensils used to cook are usually categorized as kli she’me’lachto le’isur on Shabbos and,
therefore, can be moved only if you have a Shabbos use for them, or you need their place for
something else. However, these same items are kli she’me’lachto leheter on Yom Tov, since it is
permitted to cook with them, and therefore they can be moved on Yom Tov, even if your only
reason to move them is that you are afraid that they might become damaged.
Here is another example of a type of item that is muktzah on Shabbos, but not necessarily so on
Yom Tov. Charcoal, pieces of wood and other items that can be used as fuel are completely
muktzah, because they have no use on Shabbos. However, on Yom Tov, when cooking is
permitted, these types of fuel may not be muktzah, as I will explain.

Lighting candles

A candle is another example of an item that is not muktzah on Yom Tov, although it is muktzah
on Shabbos. Although it is prohibited to strike a match on Yom Tov (see below), it is permitted to
kindle a candle.

Lighting a candle that has no purpose is prohibited. But it is permitted to light a candle to put on
the table, even if its illumination is not noticeable, since this enhances the honor of Yom Tov
(Shulchan Aruch, Orach Chayim 514:5). Similarly, it is permitted to kindle a candle in shul, even
in the daytime, since it enhances the honor of Yom Tov (Shulchan Aruch, Orach Chayim 514:5
and Mishnah Berurah 31).

Moving muktzah to cook on Yom Tov

There is another leniency that applies on Yom Tov that does not apply on Shabbos. It is permitted
to move a muktzah item on Yom Tov in order to enable the preparation of food or to enhance
simchas Yom Tov (Rema, Orach Chayim 509:6 and 518:3). For example, a muktzah item was left
or placed on top of a stove or a counter that you need to prepare food. You are permitted to pick
up the muktzah item with your hands and move it in order to cook and prepare food (Mishnah
Berurah 509:31; 518:23). Since, on Yom Tov, it is permitted to cook and prepare food, if the
prohibition of muktzah would disturb the ability to cook or otherwise prepare food, it is permitted
to move the muktzah item.

20
New fire

Creating a new fire on Yom Tov is forbidden (Mishnah Beitzah 33a). Therefore, it is prohibited to
create a flame by using a flint, rubbing stones together, or striking a match. Similarly, it is
prohibited on Yom Tov to light the stove by using the electric igniter.

Muktzah Grill
At this point, we are in a position to address the second of our opening questions: "I own a portable,
charcoal-fired grill. Is it muktzah on Yom Tov?" The answer is that, even if you have no intention
to use the grill, on Yom Tov it has the status of kli she’me’lachto leheter. As a result, not only can
it be moved if you need the place where it is currently located for some other item or purpose, but
it can be moved even when the only concern is that it will get damaged or stolen.

Fireplaces on Yom Tov

Many people are surprised to discover that it is permitted to use a fireplace on Yom Tov, either for
cooking or warmth, and that it is also permitted to barbecue on Yom Tov. As we noted above, the
fireplace or grill must be kindled from an existent flame – but once it is kindled, you may add
lighter fluid, charcoal or wood to the fire as needed. It is even permitted to take a burning piece of
wood from one side of the fire and move it to another side, to have the fire burn stronger (Rema,
Orach Chayim 502:2). The Rema rules that we are not concerned about extinguishing the flame
on this piece of wood, because your intent is to make the fire burn better. It is permitted to place
food on the grill or fireplace, even though you extinguish the flame a bit with the food or with the
drippings. If you add wood to the fire, it must be wood that is assumed to be used for adding to a
fireplace or wood-burning stove, as opposed to adding something such as construction lumber,
which is not permitted because it is mukztah.

It is not permitted to split the wood, if you can use it without doing do (Shulchan Aruch, Orach
Chayim 501:2). This is prohibited because this tedious work is unnecessary. There are many
detailed halachos regarding use of fallen wood on Yom Tov (Shulchan Aruch, Orach Chayim
501:3-6), and the simplest solution is to use only wood that you have set aside from before Yom
Tov for this purpose.

Conclusion

The Torah refers to the Yomim Tovim as mo’ed. Just as the word ohel mo’ed refers to the tent in
the desert which served as a meeting place between Hashem and the Jewish people, so, too, a
mo’ed is a meeting time between Hashem and the Jewish people (Hirsch, Vayikra 23:3 and Horeb).
Although on Shabbos we are to refrain from all melacha activity, on Yom Tov the Torah permitted
melacha activity that enhances the celebration of the Yom Tov as a mo’ed. Permitting the
preparations of delicious, freshly prepared meals allows an even greater celebration of the
festivities of the Yom Tov, as we celebrate our unique relationship with Hashem.

21
 Smoking on Rosh Hashanah
Is it permitted to smoke on Rosh Hashanah?8

Answer:
Although there are some who permit the practice, many rule that today it is forbidden to smoke on
Rosh Hashanah (and on Yom Tov generally), and therefore the practice should be avoided.

Sources:
Several poskim of previous generations (before health concerns became well known) discuss the
question of smoking on Yom Tov.

The Torah (Shemot 12:16) permits kindling a fire on Yom Tov, but it remains forbidden (see Biur
Halacha 502:1 s.v. Ein) to create a new fire on Yom Tov, which is why we light something on
Yom Tov by transferring from a preexisting flame.

Yet, it is forbidden to burn incense on Yom Tov (Beitza 22b and Shulchan Aruch Orach Chaim
511:4), the reason being that burning which is not “shaveh le-chol nefesh” — something that is
customarily enjoyed by all — is not permitted. Burning incense is regarded as exotic and not
included in the permission to engage in kindling a fire on Yom Tov.
The question is thus if smoking is considered “shaveh le-chol nefesh.” The Korban Netanel
(Beitzah 2:10) argues that smoking is not included in this category, noting that if one who is not
accustomed to smoke were to begin smoking on Yom Tov, he would become ill and disoriented.
This demonstrates that smoking is not shaveh le-chol nefesh.

The Chayei Adam (95:13) also prohibits smoking on Yom Tov, but the Biur Halacha (511:4 s.v.
ein osin) notes that many Acharonim (including the Chacham Tzvi, cited in the Shaarei Teshuva
511:5 and the Pnei Yehoshua, Shabbos 39b s.v. omnam) permit smoking on Yom Tov. The Biur
Halacha notes that those who rule leniently point to the fact that “now that many people are
accustomed to this, it has become shaveh le-chol nefesh.” [See also his comment about the possible
distinction between the first and second days of Yom Tov, and see Aruch Ha-Shulchan,
OrachChaim 511:11.]

In the modern day, after it became clear that smoking is harmful to one’s health, many poskim
argue that the practice can certainly not be considered shaveh le-chol nefesh, and Rav Simcha
Bunim Cohen (The Laws of Yom Tov p. 106 footnote 1) thus writes that “In the United States it
should certainly be forbidden to smoke according to all opinions, as the overwhelming majority
refrain from smoking.” He likewise cites (page 108 footnote 3) from Rav Shlomo Zalman
Auerbach (Minchas Shlomo 2:58:6) and Rav Shalom Yosef Elyashiv as ruling that today it is
forbidden to smoke on Yom Tov. Rav Zalman Nechemia Goldberg also writes that it is
prohibitedto smoke on Yom Tov in our times (see Pe’er Tachas Eifer p. 52).

8 https://dinonline.org/2013/08/28/smoking-on-rosh-hashanah/

22
See, however, the posthumously published volume of Iggros Moshe (Orach Chaim Vol. 5, no. 34
) where Rav Moshe states (in 1984) that it is difficult to proclaim cigarette smoking as prohibited
on Yom Tov since millions of people throughout the world smoke.
Overall, based on the opinions of modern authorities, it seems that one should certainly avoid the
practice on Yom Tov.

Rabbi Yehuda Spitz writes:9

The question of how smoking is viewed through the lens of halacha is not a new one. In fact,
there is abundant halachic literature dating back to seventeenth and eighteenth centuries
related to the permissibility of smoking. Far from discussing the health issues later associated
with this habit, the poskim of the time actually address whether or not one may smoke on Tisha
B’Av or other fast days[1] and whether non-kosher ingredients contained in a cigarette are
of halachic concern.[2] There is even discussion whether or not smoking requires
a bracha beforehand![3] But the main area where we find smoking discussed is by the
Halachos of Yom Tov, where poskim debate whether smoking on Yom Tov is permitted,
prohibited, or actually fulfilling a Mitzvah.

Smoking L’Kavod Yom Tov?

It is well known that on Yom Tov, as opposed to Shabbos, we are allowed to light a fire, provided
that it is only kindled by transferring from a preexisting flame, and not by creating a new flame.
The Gemara (Beitzah 22b - 23a) discusses whether placing incense on coals, and its by-product,
the smoke it causes, are permitted on Yom Tov, due to the kindling and extinguishing issues
involved.[4] Many Acharonim drew a parallel from the Gemara’s scenario to what must have been
a burning issue of the day, and still is: smoking cigarettes on Yom Tov.

The Magen Avraham, as well as the Elya Rabba, Korban Nesanel, Chavos Yair,
and Chayei Adam, all maintain that smoking is not a “davar sheshaveh lachol nefesh, something
that is equally enjoyed by all,” a necessary provision to allow dispensation for a Melachah on Yom
Tov.[5] Therefore, they all rule that smoking on Yom Tov is prohibited.[6]

However, several other poskim, including the Darchei Noam, and the Chida,[7] disagree with
their assessment, asserting that smoking does indeed fit this criterion, for several reasons:

9 https://ohr.edu/this_week/insights_into_halacha/5717

23
 § They deem smoking to be in the category of “ochel nefesh,” (generally used to
describe acts related to food preparation) which is permitted on Yom Tov regardless
of whether or not it is enjoyed by all.[8]
§ Since the vast majority of people enjoy smoking, it is still considered a “davar
sheshaveh lachol nefesh.”

The famed Pnei Yehoshua, Rav Yaakov Yehoshua Falk zt”l, Rav Yaakov Emden zt”l, and Rav
Yonason Eibeshutz zt”l,[9] all raise an additional point to allow smoking on Yom Tov.
Astonishingly, they extol the health benefits of smoking! They write that smoking aids digestion,
whets the appetite, and improves the body’s general wellbeing. Therefore, they conclude, that even
if some do not actually enjoy smoking, it is nevertheless still considered “shaveh lachol nefesh.”
Rav Yaakov Emden adds that his father, the renowned Chacham Tzvi, restarted smoking on Yom
Tov, because otherwise he felt that was not properly fulfilling the Mitzvah of Oneg Yom Tov!
This is quite understandable, as many Rabbonim of the time viewed smoking in a positive light
and quote the Talmidim of the Baal Shem Tov as even comparing smoking to the Ketores![10]

Although many poskim argued on each of these points, including the Beis Meir and Zera Emes,
other later authorities, including the Pri Megadim, Ben Ish Chai, and Aruch Hashulchan,
concurred wholeheartedly.[11] In fact, the Mishnah Berurah cites a summary of this discussion
with no clear-cut psak, and concludes simply that ‘one may not object to those who smoke on Yom
Tov’, with a provision to be careful regarding extinguishing the cigarette.

Smoking Stats

However, in the words of Rav Moshe Sternbuch shlit’a and Rav Asher Weiss shlit’a,
[12] nowadays the real question is not whether or not smoking is permitted on Yom Tov; it is
whether or not smoking is permitted at all!

In 1964, the United States Surgeon General released his initial report stating the health risks
associated with smoking. Since then, there have been thousands of scientific studies and reports
detailing the hazards of smoking. The Center for Disease Control estimates that one out of every
five deaths in America each year (approximately 1,300 each day!) is caused by smoking. Other
reports estimate that 15% of smokers eventually die of lung cancer. Compounded with the elevated
risk of emphysema, stroke, coronary disease, and circulatory disorders, studies indicate that
smokers face a much higher mortality rate, an almost 67% chance of dying due to an illness
directly attributed to their smoking.[13]

Now that we aware of the true “health benefits” of smoking, the question is whether or not there
remains a hetter to engage in this socially acceptable self-destructive behavior.

The Gadol Hador, Rav Moshe Feinstein zt”l, in a brief, albeit pivotal teshuva dated several months
after the Surgeon General’s initial report,[14] wrote that although it is certainly appropriate to
abstain from smoking, nevertheless, one cannot say that smoking is outright assur, as there are
many people that smoke. Therefore, smokers fit into the category of “Shomer Pesaim Hashem,
Hashem watches over fools.”[15] Rav Moshe adds that especially since many Gedolim smoked, it

24
is impossible to say that such an act is truly forbidden.[16] This responsum seems to be the primary
justification for many a smoker.

A Changing Reality

Several other contemporary authorities wrote similarly to Rav Moshe’s understanding and
consequent hetter, explaining that although it may not be proper to smoke, it still is not truly
prohibited by halacha. Yet, subsequently, and as the knowledge of the health risks associated with
smoking became more widespread and universally acknowledged, and the number of smokers
starting dropping, many of these poskim changed their psak to reflect the emerging reality, using
extremely harsh terms to decry smoking, with many authorities outright forbidding it.[17]

These contemporary authorities include Rav Yosef Shalom Elyashiv zt”l, the Tzitz Eliezer zt”l,
Rav Ben Tzion Abba Shaul zt”l, and Rav Ovadia Yosef zt”l,[18] who, contrary to their
earlier psakim, in their later rulings all came out strongly against smoking. Other poskim,
including Rav Aharon Kotler zt”l, Rav Shlomo Zalman Auerbach zt”l, the Debreciner Rav zt”l,
Rav Shmuel Halevi Wosner zt”l, Rav Menashe Klein zt”l, the Rivevos Efraim zt”l, Rav Chaim
Kanievsky shlit”a, Rav Moshe Sternbuch shlit”a, Rav Shmuel Kamenetsky shlit”a, and Rav Asher
Weiss shlit”a, wrote unequivocally about the dangers of smoking and how it is not permitted, with
some even referring to smoking as “suicidal.”[19]

In fact, many Gedolim, including Rav Yosef Shalom Elyashiv zt”l, Rav Aharon Yehuda Leib
Steinman zt”l, Rav Michel Yehuda Lefkowitz zt”l, Rav Moshe Shmuel Shapiro zt”l, Rav Shmuel
Auerbach zt”l, and Rav Nissim Karelitz shlit”a, recently (Av 2004) signed a Kol Koreh against
smoking, even imploring those who do smoke to do everything in their power to stop.[20]

Of Addiction and Anecdotes

Although it is known that many Gedolim smoked (and do smoke), it is highly probable that they
started before the risks were known, and now simply cannot quit, due to their nicotine addiction.
If they would be able to do so, they certainly would.[21] In fact, it is exactly the battle against
addiction required to quit smoking that Rav Eliyahu Eliezer Dessler zt”l embodied in his
classic Michtav M’Eliyahu to define the battles against the Yetzer HaRa, and it took someone of
his incredible stature several years to finally be able to quit.[22]

Anecdotally, it is told that Rav Yaakov Kamenetsky zt”l, as well as this author’s Rosh Yeshiva,
Rav Leib Bakst zt”l of Detroit, quit ‘cold turkey’ after doctors personally explained the health risks
of smoking to them. The same is told of the great late Ponovezher Rosh Yeshiva, Rav Elazar
Menachem Mann Shach zt”l, as well as the previous Gerrer Rebbe zt”l, Lord Rabbi Immanuel
Jacobovitz zt”l, and Rabbi Moshe Sherer zt”l. Even mv”r Rav Yaakov Blau zt”l (of the Eidah
Hachareidis), a tremendous Gaon and quintessential old time Yerushalmi (heavy smoker), and the
Dejer Rebbe of Miami, Rav Yehuda Paneth zt”l, both attempted to cut down in their later years.
Additionally, it is related that Dayan Yisrael Yaakov Fischer zt”l, who permitted smoking year
round (including Yom Tov), at the end of his life, when he was dying of lung cancer, gathered ten
men together to publicize in his name that smoking is truly unequivocally assur and he wanted to
be “mezakeh the rabbim” with this psak.[23]

25
Of Sakana and Heizik

In fact, even Rav Moshe himself, in subsequent teshuvos dated 1981,[24] took a much stronger
stance against smoking due to the health risks involved. Although he still would not call smoking
outright assur, he nonetheless rules that due to the dangers of second-hand smoke, it is forbidden
to smoke where it will bother others (a psak later echoed by many other
authorities)[25] including Batei Midrash and shuls, and concludes with an exhortation that
everyone, especially Bnei Torah, should not begin to smoke due to the chashash sakana, adding
that it is assur to ‘get addicted’.

Several years ago, his son, Rav Dovid Feinstein shlit”a, was quoted as saying that with the current
knowledge of the harm smoking causes, it is pashut that had his father, Rav Moshe, still been alive
today, he would have prohibited smoking outright, as his dispensation was only based on the ‘fact’
that smoking endangered only a small percentage of smokers.[26] Indeed, in a newly discovered
and recently published teshuva of Rav Moshe’s, dated Elul 5732, he himself wrote that his famous
lenient psak was based on the facts as they were known at the time.[27] He added that if
the metzius would change and the percentages of those proven harmed by smoking would increase,
then certainly it would be prohibited to smoke, at least the amount the doctors considered harmful
to one’s health.

This would certainly seem to hold true according to how most poskim, including
the Divrei Malkiel, Rav Chaim Ozer Grodzenski, and the Tzitz Eliezer understand the hetter of
“Shomer Pesa’im Hashem.”[28] Rav Chaim Ozer explains that one may only rely on
said hetter when there is no clear and present danger, when the sakana is only a “chashash rachok
u’miut she’aono motzui,d’lo chayshee Rabbannan lehai,ve’al zeh yeish lismoch meshoom Shomer
Pesa’im Hashem.”The Divrei Malkiel gives an example of a boat journey, that although there is
always the danger of a boat capsizing as opposed to one staying on dry land, nevertheless, it
permitted, as it is a “mikreh rachok.” The Tzitz Eliezer adds that conversely, since smoking is
deemed enough of a health risk that in every civilized country cigarettes are exclusively sold with
a warning printed on the package that it damages health, smoking can no longer be classified under
“Shomer Pesa’im Hashem.” Accordingly, in our day and age, one would definitely not be able to
rely on this hetter to smoke.

Additionally, according the Terumas Hadeshen’s interpretation,[29] “Shomer Pesa’im Hashem”

only applies to one performing an action that carries a mere “chashash sakana” (and not a full-
fledged one), and even that dispensation would not apply to one who knows better, and realizes
the risks inherent in his actions. Consequently, smoking nowadays would undoubtedly not be
included in this lenient classification.

Furthermore, even according to Rav Elchonon Wasserman Hy”d’s understanding of

this Klal,[30] it seems tenuous at best to smoke. He explains that the hetter means that one does
not have to refrain from regular daily living, i.e. performing everyday activities, (“minhag derech
eretz,” in his own words), as then he is considered guarded from Heaven. However, when referring
to an action that is within his ability to refrain from, he is no longer numbered among the ‘guarded
fools.’ Moreover, if one does not take the necessary precautions, he is “mischayev b’nafsho” and
loses all Heavenly protection. Since smoking’s true health risks have become increasingly manifest

26
and is now a practice indulged in by far fewer than even several decades previous, it seems highly
doubtful that Rav Elchonon would consider smoking “minhag derech eretz” nowadays to allow a
dispensation.

Over a hundred years ago, the Chofetz Chaim[31] expressed his dismay that ‘weak’ people
smoked, even though the doctors of the time clearly informed them of the grave health risks
involved. He strongly condemned smoking where it was found to be injurious to health.

Additionally, the Rambam wrote that one should distance himself from any activity that can cause
his body harm; one who does not, but rather places himself in sakana deserves “makkos mardus.”
This is seconded by the Sefer Hachinuch and Shulchan Aruch, and referred to as transgressing
an Issur De’oraysa by the Levush and Chida, and even outright “apikorsus” by
the Be’er HaGolah.[32] Furthermore, while addressing the requirement of avoiding dangerous
activities due to the Talmudic dictum of “chamira sakanta m’issura,” (matters of danger are to be
treated more stringently than prohibitions; Gemara Chullin 10a), both the Tur and Rema stress
that we should be further concerned with a possible danger (safek) above and beyond a possible
prohibition.[33] All of the above would certainly apply to smoking.

Although with many apparently suffering from “ostrich syndrome,” and others claiming to follow
the Pnei Yehoshua since he predated the Surgeon General by several centuries,[34] nowadays,
with medical science conclusively proving the dangers of smoking, and with so many prominent
authorities having issued rulings forbidding it, one who embarks on a smoking ‘career’ does not
seem to actually have the staunch halachic backing he might assume he does.[35] “V’Nishmartem
Me’od L’Nafshoseichem”[36] does not apply exclusively to others.

[1] See Shiyurei Knesses HaGedolah (Orach Chaim 567, Hagahos on Beis Yosef 3,
and Orach Chaim 551, Hagahos on Beis Yosef 21; he writes that he even put a violator in Cherem for smoking on Tisha
B’Av!), Mor U’Ketzia (end 210, s.v. su), Shaarei Teshuva (511: 5 and 559: 4), Mishnah Berurah (556: 8), and Shu”t Yechaveh
Daas (vol. 5: 39).

[2] See Pri Chodosh (Yoreh Deah 108: 23), Mor U’Ketzia (end 210 s.v. aval), Shaarei Teshuva (Orach Chaim 210:
9), Leket HaKemach (beg. Hilchos Tisha B’Av), Shu”t Masos Moshe (Yoreh Deah 4), Pischei Teshuva (Yoreh Deah 108:
3), Darchei Teshuva (ad loc. 89), and Orchos Rabbeinu (new edition; vol. 4, pg. 34: 14).

[3] See Magen Avraham (Orach Chaim 210: 9), Ba’er Heitiv (ad loc. 9), Shaarei Teshuva (ad loc.
9), Shu”t Halachos Ketanos (vol. 1: 101), Eshel Avraham (Butchach; Orach Chaim 216), Ba’er Heitiv (ad loc. 13
and Orach Chaim 210: 9), Mor U’Ketzia (210, s.v. b’MG”A and on), Machzik Bracha (Orach Chaim 210:
8), Magen Giborim (Orach Chaim 210, Elef HaMagen 12), Shu”t Ksav Sofer (O.C.
24), Taamei HaMinhagim (Inyanei Brachos 214 - 215, pg. 102), and Mishnah Berurah (210: 17). Nowadays, as the expression
goes, it might seem the proper bracha for smoking is a “bracha acharona.”

[4] For the halacha l’maaseh in this case, see Tur and Shulchan Aruch and main commentaries to Orach Chaim 511: 4.

[5] See Gemara Kesuvos (7a) and Beis Yosef (Orach Chaim 511: 4).

[6] Magen Avraham (514: 4), Elya Rabba (ad loc. 3), Korban Nesanel (Beitzah Ch. 2, 22: 10), Mekor Chaim (Orach Chaim 514,
ad loc.), and Chayei Adam (vol. 2, 95: 13). There are other reasons for prohibiting, as well. The Knesses HaGedolah (cited by
the Magen Avraham) prohibits smoking on Yom Tov due to Mechabeh, extinguishing, and the Pri Megadim (Orach Chaim 511,
M.Z. 2; see also Kitzur Shulchan Aruch 98: 32) raises the issue of Mocheik, erasing, if the letters on cigarette get burned. For

27
other viewpoints to this issue, see Shu”t Maharsham (vol. 7: 7; and in Daas Torah, Orach Chaim 511 s.v. v’nishalti; who
is melamed zechus on the mekilim), Shu”t Yad Yitzchak (vol. 3: 117), Shemiras Shabbos K’Hilchasa (Ch. 13, footnote
34), Shu”t Ohr L’Tzion (vol. 3, Ch. 20, footnote 2), Shu”t Az Nidberu (vol. 7: 62), Shu”t Even Yisrael (vol. 8: 29 and vol. 9: 23;
see also Halichos Even Yisrael, Moadim vol. 1, pg. 263: 6), and Shu”t Rivevos Efraim (vol. 2: 146 and vol. 5, 355: 2).

[7] Shu”t Darchei Noam (Orach Chaim 9) and Birkei Yosef (Orach Chaim 511: 2). See also Hagahos Rav Baruch Frankel (ad
loc.), who opines that with the high prevalence of smoking in his time, perhaps the Magen Avraham would have changed his
mind.

[8] This is actually understandable, as the poskim of the time referred to smoking as ‘shtiyas tutin’, drinking tobacco. See, for
example, what the Ben Ish Chai (Year 1, Parashas Vayikra 5) writes regarding the rights of Talmidei Chachamim to smoke
in shul, as he considered it drinking. This also explains why many ruled against smoking on ordinary fast days, even though
nowadays it would seem implausible to consider smoking an actual act of eating or drinking.

[9] Pnei Yehoshua (Shabbos 39b s.v. amnam), Mor U’Ketzia (Orach Chaim 511; at length – he adds that smoking even freshens
breath), and Bina L’Ittim on the Rambam (Hilchos Yom Tov Ch. 4: 6). This hetter for “briyus,” health, is based on the words of
the Mordechai (Beitzah Ch. 2: 680) and Tosafos (Shabbos 39b s.v. u’B”H mattirin), who allow one to ‘sweat’ on Yom Tov
(ostensibly to enter a sauna or ‘shvitz’); as due to its health benefits it is considered “shaveh lachol nefesh.” Interestingly,
the Chayei Adam (vol. 2: 95, Nishmas Adam 2 s.v. v’tzarich iyun) although prohibiting smoking on Yom Tov (as mentioned
previously) and rejecting full dispensation to allow it due to its health benefits, nevertheless does seem to accept that smoking
might have some medical benefit. He allows a ‘choleh she’ain bo sakana’ to smoke on Yom Tov, and only via the aid of a non-
Jew, as he classifies smoking as “tzorchei choleh she’aino l’taanug.” See also Matteh Efraim (599: 1; a similar assessment is
given in Shaarei Teshuva, Orach Chaim 551: 5), who writes that even those who are generally lenient with smoking on Yom Tov
should nevertheless refrain from smoking on Rosh Hashana (at least on the first day), due to “Eimas HaDin,” and concludes that
“yesh l’baal nefesh lifrosh mizeh b’shnei hayamim, im lo sheyeish tzorech gadol l’refuah”; strongly implying that the
main hetter for allowing smoking is due to its assumed health benefits. They continue that they would personally also only smoke
on Yom Tov Sheini, and not on the first day, (nor on Leil Seder in order to ensure fully tasting the Matzah). This was also known
to be Rav Yisrael Salanter, and later the Steipler Gaon’s minhag as well (see Orchos Rabbeinu, new edition; vol. 2, pg. 127: 21).
See also footnote 11.

[10] See for example Taamei HaMinhagim (Iny anei Brachos 214 - 215, pg. 102). However, he concludes with a story about the
Av Beis Din of Belz, who after realizing that in the amount of time in took him to set up and smoke his pipe he could learn
a Daf of Gemara, quit smoking immediately. A similar assessment is given by the Chofetz Chaim in
his sefer Zechor L’Miriam (Ch. 23, s.v. v’hinei nimtzaim), where of the reasons he decries smoking for (and aside for health
reasons), is the sheer amount of bittul zman and bittul Torah it engenders. Interestingly,
the Taamei HaMinhagim (Kuntress Acharon, 963 s.v. ode) later quotes the Shevet Mussar citing the Maharan Rosilio, that he
was told in a dream that if one smokes at a Chupah (“tachas apiryon shel chassan v’kallah”) he will be punished with blindness
in Olam HaBa’ah.

[11] Beis Meir (Yoreh Deah 197), Shu”t Zera Emas (93), Pri Megadim (Orach Chaim 511, M.Z. 2 and E.A. ad loc. 9), Shu”t Rav
Pe’alim (vol. 2, Orach Chaim 59), and Aruch Hashulchan (Orach Chaim 511: 11). A summary of the main issues involved
and machlokes haposkim whether smoking on Yom Tov is permitted is presented by the Ba’er Heitiv (Orach Chaim 554:
1), Shaarei Teshuva (Orach Chaim 551: 5), and Biur Halacha (ad loc. 4 s.v. ain). See also Shu”t Ksav Sofer (Orach Chaim end
66), Shu”t Shoel U’Meishiv (Mahadura Tinyana vol. 2: 8 s.v. v’hinei), Sdei Chemed (Asifas Dinim, Maareches Yom Tov 1:
4), Shemiras Shabbos K’Hilchasa (new edition; Ch. 13: 7), and Yesodei Yeshurun (vol. 6, pg. 204 - 206). Interestingly, the
renowned Marguliyos brothers in their respective seminal seforim, Matteh Efraim (599: 1) and Shaarei Teshuva (551: 5; but this
might have been written by the Matteh Efraim, as both sources state that this is their own personal hanhagah) both prohibit
smoking on the first day of Yom Tov but permit it on the second day. The contemporary view on smoking on Yom Tov is
discussed in footnote 24.

[12] See Shu”t Teshuvos V’Hanhagos (vol. 3: 354 and vol. 4: 115) and Shu”t Minchas Asher (vol. 1: 35 and 36; at length). They,
(as well as several other poskim mentioned in this article) maintains that the main issur is the addiction and not necessarily each
individual cigarette, yet each individual cigarette brings one one step closer to addiction and is therefore prohibited; similar to
what Rav Moshe Feinstein wrote regarding smoking marijuana and taking drugs in Shu”t Igros Moshe (Yoreh Deah vol. 3: 35).
The Chofetz Chaim (Lekutei Amarim Ch. 13 and Zechor L’Miriam Ch. 23 s.v. v’hinei yadaati) writes that he screamed at
smokers who were harming their health, “who let you get addicted?’. Rav Moshe himself, in a later teshuva (Shu”t Igros
Moshe, Choshen Mishpat vol. 2: 76), wrote that even regarding regular cigarettes it is assur to ‘get addicted’.

28
[13] According to the most recent studies, smoking actually kills two-thirds of smokers. See American Journal of Public Health,
2012, vol. 102, number 11, 2181-2186: “Continued Increases in the Relative Risk of Death From Smoking”; The British Medical
Journal, June 26, 2004; vol. 328: 1519: “Mortality in relation to smoking: 50 years’ observations on male British doctors”:

bmj.com/content/328/7455/1519; Medical Daily, Oct 11, 2013: “Cigarettes Even More Dangerous Than Once Thought: 67% Of
Smoking Deaths Linked Directly To Habit”: http://www.medicaldaily.com/cigarettes-even-more-dangerous-once-thought-67-
smoking-deaths-linked-directly-habit-259631; The Lancet, Volume 381, Issue 9861, Pages 133 – 141: “The 21st century hazards
of smoking and benefits of stopping: a prospective study of one million women in the
UK”: http://www.thelancet.com/journals/lancet/article/PIIS0140-6736(12)61720-6/abstract;

BMC Medicine : “Tobacco smoking and all-cause mortality in a large Australian cohort study: findings from a mature epidemic
with current low smoking prevalence”, Feb 24, 2015:

https://bmcmedicine.biomedcentral.com/articles/10.1186/s12916-015-0281-z. Thanks are due to R’ Zvi Herzig for pointing out

several of these important references.

[14] Shu”t Igros Moshe (Yoreh Deah vol. 2: 49).

[15] Tehillim (116: 6). See Gemara Shabbos 129b, Yevamos 12b, 72a, and
100b, Kesuvos 39a, Sanhedrin 110b, Avodah Zara 30b, and Nida 31a and 45a. This dictum is invoked by the Gemara to explain
how certain dangerous activities that have become common practice were not outright forbidden.

[16] This fact is very important. It is well known that Rav Moshe strongly ruled against prohibiting any action that could possibly
cast aspersions on previous generations. See article titled: “Bubby Didn’t Eat
Bugs!” http://new.ohr.edu/this_week/insights_into_halacha/5032.

[17] The first written responsum outright prohibiting smoking nowadays due to medical concerns was in Shu”t Asei Lecha
Rav (vol. 2: 1; see also vol. 6: 58, where he prohibits purchasing cigarettes for others, even parents!) by Rav Chaim Dovid
HaLevi, Chief Rabbi of Tel Aviv, in the 1970s. As the knowledge of the health risks associated with smoking became more
widespread and universally acknowledged, and the number of smokers started dropping, many more poskim began ruling
stringently as well.

[18] Compare, for example, the wording of the teshuvos in Kovetz Teshuvos (vol. 1: 219; from 1981) and the later recent Kol
Koreh (from Av 2004) which Rav Elyashiv signed, as well as his He’aros B’Maseches Kesuvos (7a) and Shu”t VaYishma
Moshe (vol. 1, pg. 436). According to the Jerusalem Center for Research - Medicine and Halacha (headed by Rabbi Yaakov
Weiner), Rav Elyashiv later even prohibited advertising for cigarettes! Compare Shu”t Tzitz Eliezer vol. 1 (20: Ch. 3; from 1945)
to vol. 15 (39; from 1983), and vol. 17 (21 and 22; from 1984) where he explicitly prohibits smoking. [It is also worthwhile to see
vol. 21: 14 (from 1995) for an interesting discussion on whether those who sell cigarettes and tobacco products are considered to
be actively violating Issurim.] Regarding Rav Ben Tzion Abba Shaul, compare Shu”t Ohr L’Tzion (vol. 3, Ch. 20, footnote 2) to
his later Ohr L’Tzion - Chochma U’Mussar (pg. 221; as well as the editor’s note to his previous teshuva). Regarding Rav Ovadia,
one can see the evolution of his psak from Shu”t Yabea Omer (vol. 5, Orach Chaim 39; from 1969) to Shu”t Yechaveh Daas (vol.
5: 39, and footnote 2; from 1983) to Halichos Olam (vol. 1, pg. 265 - 266, 4; from 1998) where he quite explicitly assurs it. Rav
Menashe Klein as well, in his earlier teshuva in Shu”t Mishnah Halachos (vol. 9: 161), although stating that one who has not yet
started to smoke is assur to start, adding the prohibition of the Bal Tashchis of countless money spent on cigarette addiction,
nevertheless is of the opinion that one who is already addicted “ain l’osro.” Yet, in his later (and posthumously published) vol. 18
(#302), he concludes that there is no reason to make a gezeira to forbid smoking as “kvar mushba v’omed m’Har Sinai” as the
Torah already exhorts us “v’nishmartem me’ode l’nafshoseichem,” adding that he would never give a cigarette or even ‘a light’
to anyone, not to transgress “lifnei iver lo sitein michshol.”

[19] Rav Aharon Kotler’s shittah is attested to in a signed letter by his talmid, Rav Yechiel Perr, Rosh Yeshivas Derech Ayson of
Far Rockaway; Shu”t Minchas Shlomo (vol. 2: 58, 6), Shu”t Ba’er Moshe (vol. 6: 160, 9), Shu”t Shevet HaLevi (vol. 10:
295), Shu”t Rivevos Efraim (vol. 3: 487, and stronger in vol. 8: 586), She’elas Rav (pg. 92), Shu”t Teshuvos V’Hanhagos (vol. 1:
159, and 316, and stronger in vol. 3: 354, and outright assur in vol. 4: 115); and Shu”t Minchas Asher (ibid.; as well as
the Minchas Asher Haggada shel Pesach, Shaarei Teshuva 23). Rav Shlomo Zalman is even quoted (sefer Mishpat
HaKesuva vol. 6, Ch. 52: 6 and footnote 10, ‘Kashrus Ha’Eidim’, pg. 326 - 328, and Kovetz Beis Hillel vol. 39, pg. 21; Elul
5769) as holding that one who smokes while knowing the health risks involved is “passul l’aidos”. Rav Shmuel Kamenetsky is
quoted (Hamodia 13 Adar 5778 / Feb 28, 2018; Features, “Smoking: Playing with Fire”) as stating “smoking is very dangerous,
it’s mamash sakanas nefashos – literally life threatening”. Rav Yechezkel Grubner zt”l (Shu”t Knesses Yechezkel vol. 2: 53),
Rosh Vaad HaRabbonim in Detroit, wrote extensively decrying the dangers of smoking, if not outright prohibiting it, adding that

29
the former Gerrer Rebbe zt”l was known to remark (paraphrasing Hilchos Chanuka) that ‘smokers think “hadlakah oseh
mitzvah”, but really “hanachah oseh mitzvah”’, that putting down the cigarette and not smoking is truly the proper hanhagah.
Apparently, these poskim were not impressed by commonly floated smokers’ sevaros as “most of these statistics were referring
to non-Jews; this proves nothing about Yidden,” or “statistics were referring to 7 day a week smokers, not 6 day a week
smokers”. Interestingly, the posek most smokers associate with these apparently illogical claims is the Chasam Sofer. Yet,
anyone who actually read the words of the great Chasam Sofer inside (Chiddushim to Gemara Shabbos 86b s.v. v’im) would
realize that the exact opposite is true. He writes that although he is hesitant to rely exclusively upon the findings of non-Jewish
doctors regarding leniency with actual issurim, as their expertise is mainly pertaining to non-Jewish patients, on the other hand,
regarding issues of “Pikuach Nefesh,” and even only a safek, he concludes that one should rely upon them. And the examples he
gives are issurim chamurim – Chilul Shabbos and eating on Yom Kippur – that if a non-Jewish doctor would tell one to do, he
must obey. Accordingly, smoking would certainly fit in this category of when one must listen to his doctor, even if non-Jewish.
Thanks are due to Rabbi Mordechai Koster (in his Gilyon Gevuros Akiva, Parashas Va’eschanan 5774) for pointing out this
important source. Another interesting source this author has heard for permitting smoking is the shittah of
the Aruch LaNer (Shu”t Binyan Tzion 137) who maintains that when a potential sakana is not immediate, but would only occur
sometime later, one may be lenient, as then the dictum of “Shomer Pesa’im Hashem” is invoked. However, as discussed later in
the article, this does not fit with most authorities’ understandings of this Klal, and Rav Chaim Ozer Grodzenski (Shu”t
Achiezer vol. 1: 23, 2, in the brackets) strongly argued on his logic, concluding that “b’emes kasheh lishkol b’mishkal sevaros
mechudashos b’makom sakana”.

[20] It is well known that Rav Yaakov Kamenetsky zt”l (see for example, the biographical B’Mechitzas Rabbeinu pg. 268, and
Artscroll’s biography Reb Yaakov pg. 318), his son Rav Shmuel Kamenetsky shlit”a, and his talmid Rav Yisroel Belsky zt”l, all
prohibit(ed) smoking. Similar to the afore-mentioned Kol Koreh, many American Rabbanim, including the Vaad Halacha of the
RCA, signed an Anti-Smoking proclamation in Tammuz, 2006.

[21] See Shu”t Ba’er Moshe (ibid.) and Shu”t Shevet HaKehasi (vol. 1: 332). Rav Menashe Klein (Shu”t Mishnah Halachos vol.
18: 302) writes that unfortunately to one who is addicted to cigarettes, smoking has become akin to “chayei nefesh.” He relates
that during the Holocaust, when he was incarcerated in concentration camps, he was astonished to see time and again prisoners
trading their meager rations consisting of scraps of bread, for cigarettes or a bit of tobacco. Similarly, Rav Yechezkel Grubner
(Shu”t Knesses Yechezkel vol. 2: 53, 9 s.v. ad) relates that he heard of a prisoner in a concentration camp trade in his last scrap
of bread for a cigarette and died of starvation shortly later.

[22] Michtav M’Eliyahu (vol. 1, pg. 79 s.v. v’yoser and footnote, pg. 111 - 112, and pg. 225 s.v. im).

[23] The anecdotes about Rav Shach and the Gerrer Rebbe are cited by Rav Yechezkel Grubner, based on his personal meetings
with these Gedolim during his trip to Eretz Yisrael in the summer of 5739 and are appended to his teshuva on smoking in Shu”t
Knesses Yechezkel (ibid.). Rav Gershon Edelstein, current Rosh Yeshiva of Ponovezh, has recently publicly declared
(see Mishpacha Israeli Hebrew edition, 15 Cheshvan 5769, pg. 21) that the “minhag” of “Chosson Cigarettes” has long been
banned in Yeshivas Ponovezh, and in his opinion a Rebbi or Maggid Shiur who smokes cannot set a proper example for
his talmidim and should not be teaching. The Dejer Rebbe actually was able to quit smoking completely several years before
his petirah. This author has heard this story about Dayan Fischer zt”l several times and is found in Rav Moshe Sternbuch’s Shu”t
Teshuvos V’Hanhagos (vol. 3: 354) and Likutei Teshuvos V’Hanhagos on Shavuos (pg. 362, s.v. v’hamachmir) in the
parenthesis, discussing “Talmid Chacham Gadol Echad zt”l.” It has also been added to the newer versions of Shu”t Teshuvos
V’Hanhagos (vol. 1: 316), in the parenthesis at the end of the Teshuva. This author has recently heard from Dr. Yoel Jakobovits
that his late father HaRav Lord Immanuel Jakobovits used to receive the latest volumes of the Tzitz Eliezer sent by the author.
When he saw that Rav Waldenberg categorically assured smoking, he “stopped on a dime.” He reasoned that if he turned to Rav
Waldenberg for life and death sheilos then he ought also to accept his psak regarding smoking. The anecdote regarding Rabbi
Sherer appeared in Hamodia (13 Adar 5778 / Feb 28, 2018; “Smoking: Playing with Fire”; citing Rabbi Moshe Meir Weiss).

[24] Shu”t Igros Moshe (Choshen Mishpat vol. 2: 18 and 76). He also writes that a father, even one already addicted to cigarettes,
should not allow his children to start smoking! See also Shu”t Igros Moshe (Orach Chaim vol. 5: 34; originally printed in Shu”t
Rivevos Efraim vol. 5: 355, 1) where he concludes regarding smoking on Yom Tov that although not assur, still “ba’al nefesh
yachmir.” This author has long found it interesting that many Bnei Yeshiva, who would never dream of relying on Rav Moshe’s
famous hetter regarding Chalav Stam, paradoxically seemingly have no qualms relying on his hetter for ‘lighting up,’ especially
on Yom Tov, even though the wording of his halachic dispensation is quite similar. Others who originally held smoking
was muttar on Yom Tov include the Tzitz Eliezer, Rav Ben Tzion Abba Shaul, and Rav Ovadia Yosef. Yet, they later retracted,
changing their psak, and prohibited it (see footnote 18). Many other contemporary poskim forbade smoking on Yom Tov
outright, including the Chazon Ish (Dinim V’Hanhagos Ch. 18: 5; he even held that cigarettes are muktzeh on Yom Tov -
see Orchos Rabbeinu, new edition, vol. 2 pg. 126: 17), Steipler Gaon (Orchos Rabbeinu, ad loc. pg. 127: 21; however he did
permit on Yom Tov Sheini, except Rosh Hashanah, due to ‘Oneg Yom Tov’), Rav Yosef Shalom Elyashiv (ibid.), Rav Shlomo
Zalman Auerbach (Shu”t Minchas Shlomo, Tinyana 60: 29), Rav Moshe Sternbuch (ibid; he wrote that although m’sevara an

30
addicted smoker might have what to rely upon for Yom Tov, nevertheless, smoking is assur year round, period), Rav Chaim
Kanievsky (Moadei HaGra”ch, vol. 1: 202, pg. 99), Rav Nissim Karelitz (Chut Shani on Hilchos Yom Tov, end Ch. 10), Rav
Menashe Klein (Shu”t Mishnah Halachos vol. 18: 302 and 303), Rav Asher Weiss (ibid.), and the She’arim Metzuyanim
B’Halacha (98: 19). They maintain that the hetterim of previous generations no longer apply. Now that the true health “benefits”
of smoking are known, and many people are cutting down, trying to quit, or not starting in the first place, smoking can no longer
be considered “l’briyus,” and also loses its classification of “shaveh lachol nefesh.” A counter-point to the above consensus is
related in Halichos Even Yisrael (Moadim vol. 1, pg. 263: 5), that after it was publicized by many Rabbanim that smoking was
no longer considered “shaveh lachol nefesh,” Rav Yisrael Yaakov Fischer rhetorically remarked that he still has not heard of any
cigarette manufacturing plants closing down due to the masses quitting smoking, and ruled it was still muttar, even though he
himself refrained from smoking on Yom Tov. He also told over that his rebbi, Rav Zelig Reuven Bengis zt”l told him that
the Yafeh Einayim used to walk through the streets on Yom Tov smoking, to show that it was indeed muttar. On the other hand, a
story is told about Rav Mordechai Winkler zt”l, the famed Levushei Mordechai (as cited in Shu”t Minchas Asher ibid.). Although
noted for always smoking on Yom Tov, he quit ‘cold turkey’ (at least for Yom Tov) after having a dream that he found
a hetter allowing him to smoke even on Shabbos!

[25] For example, see Shu”t Shevet HaLevi (ibid.), Shu”t Teshuvos V’Hanhagos (ibid.), Shu”t Tzitz Eliezer (vol. 15: 39, 5 - 9
and vol. 17: 22), Halichos Olam (ibid.), Shu”t Shevet HaKehasi (ibid.), Shu”t Ohr L’Tzion (vol. 2: Ch. 45, 56), and Shu”t
Knesses Yechezkel (vol. 2: end 53), also citing that Rav Elazar Menachem Mann Shach and the Gerrer Rebbe agreed with him
and also ruled this way in 5739. Rav Yosef Shalom Elyashiv as well, ruled similarly in 5765 (as publicized in the Hebrew
Israeli Yated Neeman, ‘Yated Hashavua’, Friday 30 Adar 1, 5755, pg. 50 and later in Kovetz Asya, 75 -76, Teves 5766, pg. 202),
prohibiting all smoking in Yeshivos and shuls. He reportedly added that it behooves all Yeshivos to emulate Yeshivas Mir, whom
he commended for publicizing that smoking is assur in all areas of the Yeshiva, including hallways and dormitories.
Fascinatingly, in a teshuva from over 120 years ago, Rav Dovid Tzvi Hoffmann, Chief Rabbi of Berlin (Shu”t Melamed
L’Ho’eel, Orach Chaim - vol. 1:14), ruled that it is prohibited to smoke in shul, but for an entirely different reason. He wrote that
smoking impugns and erodes the reverence necessary in a Beis Haknesses, adding that smoking in shul may even be considered
a Chillul Hashem, as the gentiles do not permit it in their houses of worship.

[26] See Kovetz L’Torah V’Hora’ah (5772, pg. 67), Kovetz Chitzei Giborim (5773, pg. 264), Shu”t V’Dibarta Bam (vol. 2: 321,
pg. 597 – 598), and Rav Yitzchok Frankel’s Kuntress Yad Dodi (Piskei Rav Dovid Feinstein; pg. 305, Choshen Mishpat #65).

[27] Kovetz Hama’or (vol. 480; Kislev – Teves 5778 pg. 7).

[28] Shu”t Divrei Malkiel (vol. 1: 70 s.v. v’chachamim), (Shu”t Achiezer (vol. 1: 23, 2), and Shu”t Tzitz Eliezer (vol. 15: 39, 1
s.v. le’ohr).

[29] Terumas Hadeshen (vol. 1: 211).

[30] Kovetz Shiurim (vol. 1, Kesuvos 136).

[31] In his Likutei Amarim (Ch. 13; cited by the Tzitz Eliezer and Rav Ovadia Yosef in their respective teshuvos) and Zechor
L’Miriam (Ch. 23 s.v. v’hinei).

[32] Rambam (Hilchos Dei’os Ch. 4: 1 and Hilchos Rotzeach V’Shmiras Nefesh Ch. 11:
5), Sefer Hachinuch (Parashas Ki Seitzei, Mitzvah 546 s.v. v’harbeh), Shulchan Aruch (Choshen Mishpat 427: 10), Levush (ad
loc.), Chida (Ayin Zocher, Maareches ‘Lamed’, 19; citing the Tevuos Shor), and Be’er HaGolah (Choshen Mishpat 427,
‘Os Tzaddi’). As to why, if it were truly an Issur De’oraysa, why the Rambam, Sefer Hachinuch, and Shulchan Aruch only
mandate ‘makkos mardus’, which are Derabbanan, the Be’er HaGolah (ad loc. ‘Os Ayin’) explains that it either is an Issur
Derabbanan with a smach from the Pesukim in Parashas Va’eschanan (see footnote 35), or that it is truly a Biblical prohibition,
but without Biblical lashes given as punishment, similar to “chatzi shiur m’De’oraysa she’ain lokin alav,” but nevertheless still is
subject to “makkos mardus.”

[33] Tur, Beis Yosef, and Rema (Yoreh Deah 116: 5).

[34] See Gilyon Birchas Binyomin (13 Tishrei 5772) – “Showers on Yom Tov.”

[35]A recent article in the Rambam Maimonides Medical Journal (vol. 10, issue 3; July 2019, “Vape Gods and Judaism – E-
Cigarettes and Jewish Law”) opines that a similar halachic prohibition should apply to vaping (smoking electronic cigarettes),
positing that that Poskim “have a unique opportunity to seize this moment to stop e-cigarette use before it becomes widespread.”

31
However, in this author’s estimation as one of the reviewers of said article, based on the current reality, with a lacuna of
compelling scientific data attesting to the dangers of these products, coupled with the Surgeon General’s rather tepid warning
regarding e-cigarettes (merely stating that they contain nicotine and not that they likely cause death, etc. as is currently the case
regarding combustible cigarettes), as distasteful, inadvisable, and imprudent as vaping may be, it seems based on the current
proven medical knowledge of its intrinsic and inherent risks, that it would be somewhat premature at this time to classify it as
downright prohibited.

[36] Devarim (Parashas Va’eschanan Ch. 5: 15). This, as well as the similar exhortation from earlier
in Parashas Va’eschanan (Ch. 4: 9), “Hishamer Lecha u’Shmor Nafshecha Me’od,” although seemingly not actually referring to
guarding one’s physical health but rather religious beliefs and Torah learned, are nonetheless quoted as such, not only from
several of the contemporary Poskim quoted above, but cited by earlier authorities including
the Rambam (Hilchos Rotzeach V’Shmiras Nefesh Ch. 11: 4), Maharsha (Brachos 32b s.v. ksiv), SM”A (Choshen Mishpat 427:
12; the last in all of Shulchan Aruch), and Minchas Chinuch (Parashas Ki Seitzei, Mitzvah 546: 11; who is mefalpel in
understanding the Rambam, but ultimately concludes that he is indeed correct). Thanks are due to Rabbi Yechezkel Silberstein
for pointing out several of these invaluable sources. After completing this article, this author has found out that there are several
recent excellent sefarim devoted exclusively to the topic of smoking in halacha, including “Pe’er Tachas Eifar” and “Chaim L’lo
Ishan.”

The Prohibition to Smoke – Part I

Rabbi Chaim Jachter writes:10

Anecdotal evidence strongly indicates that within the Modern Orthodox community it has
become accepted not to smoke. Indeed, the Poskim whom the Modern Orthodox community
regards as authoritative have unequivocally stated that it is prohibited to smoke. These
authorities include Rav Aharon Lichtenstein, Rav Hershel Schachter, Rav Gedalia Schwartz, and

10 https://www.koltorah.org/halachah/the-prohibition-to-smoke-part-one-by-rabbi-chaim-jachter

32
Rav Aharon Soloveitichik. Moreover, one of Rav Moshe Feinstein’s leading Talimidim, Rav
Efraim Greenblatt, rules (Teshuvot Rivevot Efraim 8:586) that smoking is prohibited. Indeed,
three major Israeli Halachic authorities- Rav Chaim David Halevi (Teshuvot Asei Lecha Rav
2:1,3:18, and 9:28-29), Rav Avigdor Neventzahl (Asyah 5:261) and Rav Eliezer Waldenburg
(Teshuvot Tzitz Eliezer 15:39) - have written that smoking is prohibited.

Additionally, Rav Ovadia Yosef has concluded that it is prohibited to smoke (Halichot Olam
1:265-266, published in 1998). This contrasts with Rav Ovada’s earlier writings (such as
Teshuvot Yechave Daat 5:39, published in 1983) in which he states that it is preferable to refrain
from smoking due to the health hazards involved. Rav Shlomo Zalman Auerbach (Teshuvot
Minchat Shlomo 2:58:6) writes, “I have never joined those who believe that it remains
permissible to smoke [on any day] in our times.” Finally, Rav Moshe Feinstein (Teshuvot Igrot
Moshe Choshen Mishpat 2:76) writes (in 1981) that it is forbidden to begin the habit of
smoking. Thus, according to Rav Feinstein, it is forbidden for one to smoke if he did not begin
to do so before this Psak was given. We shall argue that, given current medical data, smoking
is prohibited even according to Rav Moshe’s standards.

In this series I seek to explain why smoking is unquestionably forbidden for those Jews who
study science and take its findings seriously. I am motivated to a great extent by the premature
death of my father due to lung cancer (my father smoked cigarettes). I wish to ensure that Bar
and Bat Mitzva celebrants should have the pleasure and honor of their grandparents participating
in their Simcha. I do not wish that others should share my experience of having gone to the
Chuppah without my parents. I thank Rav Asher Bush whose writings on this topic helped me
formulate this series.

Smoking on Yom Tov

It seems that Jews began to smoke in the seventeenth and eighteenth centuries, as this is when
the Poskim begin to discuss its Halachic permissibility. Poskim did not discuss health concerns
as it was not known at the time that smoking posed health concerns. Poskim did, however,
debate the permissibility of smoking on Yom Tov.

The Torah (Shemot 12:16) permits Havara (kindling a fire) on Yom Tov, although Chazal (see
Biur Halacha 502:1 s.v. Ein) forbid creating fire on Yom Tov. Thus, when we light something
on Yom Tov, we light it from a preexisting flame. The Halacha forbids, however, burning
incense on Yom Tov (Beitza 22b and Shulchan Aruch Orach Chaim 511:4). The reason is that
the Halacha does not permit burning that is not “Shaveh LeChol Nefesh”, something that is
customarily enjoyed by all. Burning incense is regarded as exotic and not included in the
Halacha’s permission to engage in Havara on Yom Tov.

Poskim, in the seventeenth and eighteenth centuries began to debate whether smoking is
considered Shaveh LeChol Nefesh. The Korban Netanel (Beitzah 2:10) forcefully argues that
smoking is not Shaveh LeChol Nefesh. He notes that if one who is not accustomed to smoke
were to begin smoking on Yom Tov, he would become ill and disoriented. This, he believes,

33
demonstrates that smoking is not Shaveh LeChol Nefesh. The Chayei Adam (95:13) also
prohibits smoking on Yom Tov. The Biur Halacha (511:4 s.v. Ein Osin), on the other hand,
notes that many Acharonim (including the Chacham Tzvi, cited in the Shaarei Teshuva 511:5
and the Pnei Yehoshua, Shabbat 39b s.v. Omnam) permit smoking on Yom Tov. The Biur
Halacha notes that those who rule leniently point to the fact that “now that many people are
accustomed to this, it has become Shaveh LeChol Nefesh”.

Interestingly, the Biur Halacha cites the Shaarei Teshuva (511:5) who observes that some have
the practice to refrain from smoking on the first day of Yom Tov but to smoke on the second day
of Yom Tov (in Chutz LaAretz). This practice emerges from the Talmudic rule that one should
be strict regarding a Torah matter and lenient regarding a rabbinic matter. Thus, since the
observance of the second day of Yom Tov in Chutz LaAretz is currently only a rabbinic
obligation, one may be lenient regarding an activity disputed by the Poskim. The Aruch
Hashulchan (O.C. 511:11) criticizes this approach, arguing that this diminishes the dignity of
the second day of Yom Tov. Indeed, Chazal strove to ensure that we not take the observance of
the second day of Yom Tov lightly (see, for example, Rambam Hilchot Chanukah 3:5).

Smoking on Yom Tov Nowadays

Prior generations, as is well known, adopted the lenient opinion in practice. However, Poskim
today have noted the need to reexamine this matter in light of the fact that the percentage of
people who smoke has dramatically reduced due to the great health risks involved with
smoking. Rav Simcha Bunim Cohen (The Laws of Yom Tov p. 106 footnote 1) observes, “In
the United States it should certainly be forbidden to smoke according to all opinions, as the
overwhelming majority refrain from smoking.” Furthermore, he cites (page 108 footnote 3) Rav
Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 2:58:6) and Rav Shalom Yosef Elyashiv
(cited in Sefer Hazikaron Mevakshei Torah 1:264) as ruling that today it is forbidden to smoke
on Yom Tov. Indeed, Rav Zalman Nechemia Goldberg writes that it is prohibited to smoke on
Yom Tov in our times (in a responsum printed in Pe’eir Tachat Eifer p. 52).

Additionally, Rav Moshe Shternbach (Teshuvot VeHanhagot 1:316) argues that since we rely
on doctors’ opinions regarding many serious areas of Halacha (such as the need for a sick
individual to eat on Yom Kippur), we should follow their opinions to refrain from engaging in
smoking, which is merely a recreational activity. Rav Shternbach believes that the Acharonim
who permitted smoking on Yom Tov would not have issued permissible rulings in the current
climate where it is accepted that smoking poses a grave health hazard. See, however, the
posthumously published volume of Teshuvot Igrot Moshe (O.C. 5:34) where Rav Moshe is
presented as stating (in 1984) that it is difficult to proclaim cigarette smoking as prohibited on
Yom Tov since millions of people throughout the world smoke.

Avoiding Danger Year-Round – VeNishmartem Meod LeNafshoteichem

The question, though, is whether smoking is forbidden at all times and not merely on Yom
Tov. In general, the Halacha requires that we refrain from dangerous and unhealthy

34
activities. The source for this requirement is Devarim 4:15 where we are instructed
VeNishmartem Meod LeNafshoteichem, that one should carefully guard his soul. For a full
discussion of this matter see the essay written by Dr. Shalom Buchbinder and my dear Talmid
Dr. James Dipoce (Journal of Halacha and Contemporary Society Fall 2001).

The Halacha, however, seems to divide this requirement into two different categories. The
Rambam (Hilchot Rotzeiach Ushemirat Nefesh 11:5) writes that Chazal prohibited engaging in
numerous activities because they are dangerous. The Rambam also writes (Hilchot Deiot 4:1)
that one should (Tzarich) avoid eating certain foods or engaging in certain activities that weaken
the body. The activities listed in Hilchot Rotzeiach Ushemirat Nefesh appear to be strictly
forbidden, while the activities that the Rambam discusses in Hilchot Deiot seem to be
discouraged but not technically forbidden. Rav Waldenberg seems to understand that the
activities mentioned in Hilchot Rotzeiach Ushemirat Nefesh are far more dangerous than those
mentioned in Hilchot Dei’ot. Thus, while it is technically forbidden to drink from water that a
snake may have placed his venom, it is not technically forbidden to overindulge in pizza even
though it is not the healthiest of foods.

The question is in which of these two categories we place smoking. A possible manner to
distinguish between the two categories is the litmus test suggested by the Gemara in a number
of places (Shabbat 129b, Yevamot 12b, and Niddah 31b). The Gemara permits certain activities
that involve some risk, “Since the multitudes have tread upon this matter, then [the Pasuk,
Tehillim 116:6, that states that] ‘Hashem protects the foolish [applies].’” Rav Moshe Tendler
(Beit Yitzchak 15:71) explains this Gemara as teaching that the Halacha has allowed reasonable
members of society to define the parameters of the prohibition to engage in risky activities;
Halacha permits an activity that reasonable members of society deem to involve a tolerable
risk. Based on this standard, Teshuvot Chelkat Yaakov (Choshen Mishpat 31 in the new edition)
writes that it is permissible to travel in an airplane or car even though there is some risk
involved. For further explanation of this concept of Hashem protecting the foolish, see Rav J.
David Bleich’s discussion of hazardous medical procedures (Tradition Fall 2003 pp. 76-100)
and Rav Shlomo Cohen-Duras’s discussion of hazardous sporting activities (Techumin 22:120-
126).

Accordingly, if smoking is included within the “Hashem protects the fools” principle, it should
be avoided, but nevertheless cannot technically be categorized as prohibited. On the other hand,
if it is not included within this principle, then it is unequivocally forbidden.

The Prohibition to Smoke – Part Two

Rabbi Chaim Jachter writes11

Last week we introduced the issue of smoking and Halacha. We noted that many great Halachic
authorities prohibit smoking, including Rav Efraim Greenblatt, Rav Chaim David Halevi, Rav
Aharon Lichtenstein, Rav Avigdor Neventzhal, Rav Hershel Schachter, Rav Gedalia Schwartz,

11 https://www.koltorah.org/halachah/the-prohibition-to-smoke-part-two-by-rabbi-chaim-jachter

35
and Rav Aharon Soloveitchik. This week, we will continue to work towards our conclusion that
smoking is undoubtedly prohibited to all Jews who study and apply modern science seriously.

Hashem Preserves the Fools – When Does it Apply?

Last week we noted that some unhealthy and risky behaviors are technically prohibited and that
other such behaviors are discouraged but not technically prohibited. A possible way to
distinguish between the two categories is to see whether society regards the risk involved in the
particular behavior as minimal and/or tolerable. The Gemara comments that such behavior is
not forbidden, “Since the multitudes have trodden upon (this risk), Hashem preserves the
fools.” We shall see how Poskim define the parameters of this principle and how they apply it
to the question of the Halachic propriety of smoking.

Two great later Acharonim offer definitions of the parameters of the “Hashem protects the fools”
principle. Rav Chaim Ozer Grodzinsky (Teshuvot Achiezer 1:23) seems to believe that it applies
only when the danger is minimal, and disaster occurs only in a small minority of cases. Airplane
travel is acceptable according to this standard, as I heard from Rav Aharon Soloveitchik (in a
Shiur he delivered at Yeshiva University in 1986). On the other hand, Rav Aharon Soloveitchik
stated, cigarette smoking is forbidden according to the Halacha, since much more than minimal
danger is involved.

It seems, however, that in case of great need the Halacha tolerates greater risk-taking. For
example, the Gemara (Bava Metzia 112b) notes without criticism the fact that people risk their
lives and work high up in trees in order to earn a living. Apparently, Chazal believe that one
may risk his life in order to earn a living. Such risks would not be tolerated if done merely for
recreation. Accordingly, Rav Yechezkel Landau (Teshuvot Nodah B’Yehudah 2: Yoreh De’ah
10) permits one to hunt animals to earn a living but forbids recreational hunting. Similarly, since
smoking is a recreational activity, the Halacha is less tolerant regarding the risks involved in this
activity.

Rav Yaakov Ettlinger (Teshuvot Binyan Tzion 1:137) discusses (in the nineteenth century) the
permissibility of embarking on a sea voyage or a trip across the desert. He offers what appears
to be a different definition of “tolerable risk” from that of Rav Chaim Ozer. The Binyan Tzion
distinguishes between an immediate danger and a long-term danger. Immediate danger is
prohibited in all situations. Future danger, however, may be assumed if, in the majority of cases,
it can reasonably be expected that no harm will occur. It is possible, however, that the Binyan
Tzion tolerates such risk only for the purpose of earning a living or other great need and not for
recreational purposes.

Application to Smoking

Rav Moshe Feinstein (Teshuvot Igrot Moshe Choshen Mishpat 2:76) writes (in 1981) that
smoking should be discouraged, as should all other unhealthy habits, as the Rambam states in
the fourth chapter of Hilchot Deiot (as we discussed last week).

36
However, Rav Moshe writes, smoking cannot technically be declared as forbidden since only a
minority of smokers is afflicted with health problems as a result of the habit. In such
circumstances, Rav Moshe argues, the “Hashem protects the fools” principle applies. Rav
Moshe’s argument appears to be in harmony with the Binyan Tzion’s criterion for forbidden
dangerous activities.

Rav Moshe’s lenient ruling seems no longer to apply, as we know that current research indicates
that a majority of smokers will suffer ill effects from their unhealthy habit. For example, Rav J.
David Bleich writes (Tradition Fall 2003 p.97) that according to “presently available evidence,
it appears that the cumulative risks of lung cancer, cardiovascular disease and respiratory
illnesses will, in the aggregate, foreshorten the lives of a majority of smokers.” Indeed, Dr.
Jeffrey Berman, an Orthodox physician who is an expert on recovery from addiction (including
smoking) at the Robert Wood Johnson Medical Center in New Jersey, reports that a staggering
eighty-five percent of smokers will suffer health problems as a result of their habit.

Moreover, Rav Bleich notes (ad. loc. p.96) that the “Hashem protects the fools” principle applies
only when the behavior is “trodden by the multitudes.” Rav Bleich observes that although
smoking was a path well-trodden by the multitudes when Rav Moshe wrote his original lenient
responsum on smoking in 1964 (Teshuvot Igrot Moshe Yoreh De’ah 2:49), “It is more than likely
that, at present, that condition no longer obtains.” I have been informed that only an approximate
twenty-five percent of Americans currently smoke, thus supporting Rav Bleich’s argument that
smoking is no longer a path well-trodden by the multitudes.

It should be noted that this contrasts sharply with what Rav Bleich wrote in the summer 1977
issue of Tradition: “Since even in light of presently available evidence it appears that the majority
of smokers do not compromise their health and do not face premature death as a result of
cigarette smoking there is, according to Binyan Zion’s thesis, no halakhic reason to ban this
activity.” In addition, he wrote, “There is little doubt that although the road is fraught with
danger it is – at least for the present – indeed a path well-trodden by the multitude.” We see by
contrasting Rav Bleich’s writings from 1977 and 2003 that the reality and available information
have dramatically changed between these years, and thus Rav Moshe’s Teshuva from 1981
probably does not reflect the scientific evidence presently available.

Furthermore, Rav Moshe’s student Rav Efraim Greenblatt (Teshuvot Rivevot Efraim 8:586,
printed in 1998) observes that society no longer regards smoking as a tolerable risk. He notes
that society even outlaws smoking in bars, even though imbibing considerable quantities of
alcohol is tolerated. Accordingly, Rav Bleich’s and Rav Greenblatt’s writings clearly
demonstrate that Rav Moshe’s somewhat lenient ruling regarding smoking is no longer in effect,
as medical information and society have changed.

Indeed, Rav Greenblatt argues, “Who would lie down in the middle of the street and claim
‘Hashem protects the fools?!’” Rather, he concludes, smoking is a suicidal act and is
prohibited. Rav Chaim David Halevi (Teshuvot Asei Lecha Rav 3:18) similarly writes that
smoking is “slow suicide.” Rav Greenblatt writes, “Smoking is definitely forbidden and there
is no justifying it and I have spoken to Gedolim and Poskim who agree with my

37
conclusion.” Rav Avigdor Neventzhal writes (Asyah 5:261) that we cannot apply the “Hashem
protects the fools” principle in a situation where we clearly witness that it is not Hashem’s will
to protect [smokers].

Rav Eliezer Waldenberg (Teshuvot Tzitz Eliezer 15:39) cites the Chafetz Chaim who writes
(Likutei Amarim chapter 13 and Zeicher LeMiriam chapter 23) that it is forbidden for “weak
individuals” to smoke, since doctors in his time conclude that smoking further weakens and
endangers those who already “weak.” Rav Waldenberg argues that the logical conclusion from
the Chafetz Chaim’s assertion is that since doctors currently believe that smoking endangers
everyone – including those who have a strong constitution – the Chafetz Chaim would rule that
all should adhere to the doctors’ warnings and refrain from smoking.

The Halacha regards taking forbidden risks very seriously. The Shulchan Aruch (C.M. 427:10)
writes that whoever endangers himself and argues, “Why should others care about my
endangering myself if I do not care about it?” should have disciplinary lashes (Makkat Mardut)
administered to him. On the other hand, the Shulchan Aruch writes that whoever refrains from
dangerous activities will have good blessings bestowed upon him. The Torah does not believe
that one can claim, “It is my body, and I can do whatever I want with it.” We state in Selichot
that “HaNeshama Lach VeHaguf Pa’olach,” our souls and bodies belong to Hashem. We often
quote Tehillim chapter 24 which begins with the declaration that the entire world belongs to
Hashem, because He created it. Indeed, the Chafetz Chaim writes that if doctors tell someone
that he must stop smoking, he must obey the order, because “How may a slave choose to do as
he pleases, if he belongs to his Master?”

The Bei’er HaGolah, commenting to the aforementioned citation from the Shulchan Aruch,
explains why Halacha forbids us to engage in dangerous activities. He writes that Hashem in
His kindness created the world to benefit His creations – for them to recognize His greatness, to
worship Him by observing Torah and Mitzvot, and to be rewarded for their positive efforts. One
who endangers himself spurns the will of his Creator by implying that he does not want to serve
Him and to be rewarded by Him. The Bei’er HaGolah asserts that there is no greater denigration
of and disregard for our Maker than this.

Why Do Some Pious Jews Smoke?

When I inform people who smoke that so many great rabbis rule that smoking is forbidden, I am
inevitably posed with the question of why some pious Jews smoke. I believe that the answer
might be that these pious Jews belong to a community that strives to recreate life as it was in the
Shtetl in Eastern Europe. For example, many members of these communities do not even speak
English. In these communities, science is not studied in school in a serious
manner. Accordingly, some in these communities smoke since this was the norm in the Eastern
European Shtetl. Perhaps the rabbis of these communities do not object to their members

38
smoking since they perceive that a majority of the smokers in their communities are not afflicted
with health problems as a result.

In other words, the principle regarding a behavior that the multitudes have trodden upon might
vary from community to community. While in Jewish communities that study science seriously,
smoking is not a well-trodden path and is therefore forbidden, perhaps smoking is a well-trodden
path in those communities, and so is not forbidden for them. Accordingly, we may not
extrapolate to our communities from the behavior of those pious Jews do not study science
seriously. Finally, we should note that the reality in these communities might be changing, as
many Chareidi Poskim (for example, the Debrecziner Rav, Teshuvot Bei’er Moshe 6:160:9) have
either declared smoking to be prohibited or have stated in a public letter that one is obligated to
make all efforts to stop smoking. The Gedolim who have signed this letter include Rav Yosef
Shalom Eliashiv (note the dramatic change from what Rav Eliashiv wrote in 1981 in a Teshuva
that is printed in Kovetz Teshuvot 1:219), Rav Aharon Yehudah Leib Shteinman, Rav Nissim
Karelitz, and Rav Shmuel Auerbach. Indeed, Rav Shlomo Wolbe (in a letter dated 1987) makes
an impassioned plea to cease smoking. He stresses the point that each cigarette that one smokes
reduces one’s life expectancy by five minutes.

Next week we shall conclude our discussion of smoking and further explain and support our
contention that cigarette smoking is forbidden.

The Prohibition to Smoke – Part Three

Rabbi Chaim Jachter writes:12

Previously, we have outlined why it is prohibited to smoke. We noted that Rav Efraim
Greenblatt, Rav Zalman Nechemia Goldberg, Rav Chaim David Halevi, Rav Aharon
Lichtenstein, Rav Avigdor Neventzhal, Rav Hershel Schachter, Rav Gedalia Schwartz, Rav
Aharon Soloveitchik, and Rav Eliezer Waldenburg all rule that smoking is strictly
forbidden. This week we shall conclude our discussion by clarifying a number of issues
regarding this topic.

Rav Moshe Feinstein’s Prohibition to Begin Smoking After 1981

Last week we cited Rav Moshe Feinstein’s ruling (Teshuvot Igrot Moshe Choshen Moshpat
2:76) in which he did not rule that it is strictly forbidden to smoke. We noted from Rav J.David
Bleich and Rav Efraim Greenblatt that Rav Moshe’s ruling seems not to apply anymore since
medical data and societal behavior has changed since the time Rav Moshe wrote his responsum
in 1981.

This week I wish to focus on an important facet of this responsum, namely Rav Moshe’s
assertion that it is forbidden to begin smoking. Thus, even according to Rav Moshe it is

12 https://www.koltorah.org/halachah/the-prohibition-to-smoke-part-three-by-rabbi-chaim-jachter

39
forbidden to smoke if one has not begun to smoke before 1981. He explains that it is forbidden
to habituate oneself and develop a desire for frivolous worldly pleasures. Rav Moshe discusses
this idea in another responsum (Teshuvot Igrot Moshe Yoreh Deah 3:35), in which he rules that
it is forbidden to smoke marijuana or use any other illegal drug. Rav Moshe cites the Halachot
regarding a Ben Sorer UMoreh (see Devarim 21:18-21), a rebellious son who is punished for
developing frivolous worldly desires (see Sanhedrin 68b), as a source for his assertion. It is
important to note that Rav Shmuel Wosner (in a letter written in 2000) also writes that it is
completely forbidden to begin to smoke, and that cigar smoking is included in this prohibition. It
seems that he includes pipe smoking as well, as he writes about smoking “cigars, cigarettes,
etc.” Rav Wosner also writes that one who already began to smoke should make every effort to
wean himself from this bad habit.

Indeed, the Sefer Yereim (in the context of his discussion of Ben Sorer UMoreh) supports Rav
Moshe’s assertion. I was told that Rav Aharon Lichtenstein, in the context of strongly criticizing
some young men who had spent an evening in a bar drinking alcohol, cited this Sefer Yereim to
prove that it is forbidden to develop a taste for overindulging in alcohol.

Is Oness (Duress) an Excuse?

Many smokers seek to excuse their behavior by stating that they are Anusim, in effect coerced
to smoke, since it is so difficult to free oneself from this addictive habit. In general, the Halacha
excuses one from sins committed under duress (see Devarim 22:26 and Keubot 3a). However,
smokers were not forced to begin smoking. The Chafetz Chaim (cited in last week’s discussion)
chides the smokers who sought to excuse their behavior on the grounds that it is difficult to stop
smoking by arguing that they had no right to begin smoking. As proof to his assertion, the
Chafetz Chaim cites the Gemara (Bava Kama 92) that states that one is not permitted to harm
himself.

One might add that the Halacha forbids one to voluntarily put himself into a situation where it
is likely that he will later be forced to violate Halacha. The Baal Hamaor (Shabbat 7a in the
pages of the Rif) writes that one is forbidden to deliberately put himself into a situation where
he will be forced to desecrate Shabbat for the purpose of saving a life. Based on this assertion
of the Baal Hamaor, Rav Moshe Feinstein forbids one from choosing to have elective surgery
(as I discuss in the soon to be published Gray Matter volume 2).

The Rambam (Hilchot Yesodei HaTorah 5:4) strongly condemns those who choose to remain in
positions in which they will be coerced to violate the Torah. In fact, the Siddur HaGra explains
the section in the Yom Kippur Vidui (confessional) in which we confess the sins that we
committed BeOness as referring to cases where a person initially put himself into a situation
willingly and then is coerced to sin. For further discussion of the prohibition to willingly enter
a situation where one will be coerced to sin, see Rav Yosef Dov Soloveitchik’s responsum
regarding the propriety of rabbis volunteering to serve as chaplains in the United States armed
forces (Community, Covenant, and Commitment pp. 23-67).

40
In the context of the Halachot regarding Gittin (Shulchan Aruch Even HaEzer 134:4 and see
Pitchei Teshuva E.H. 50:8) the Rama rules that a husband is not regarded as being coerced to
give his wife a Get if he does so based on an earlier commitment. Even though the husband
currently does not consent to give his wife the Get and is giving the Get only because of the
earlier agreement that he entered into voluntarily, the Halacha regards his giving the Get as
voluntary. The Taz (134:6) explains, “There is no coercion, since he voluntarily entered into
this agreement.” The Biur HaGra (134:14) cites Bava Batra 47b as the Talmudic source for the
Rama’s ruling. Accordingly, we see that one cannot claim that he is coerced to smoke, since
one initially chose to smoke. This is especially true in light of the fact that there are many
medicines and therapies that have helped numerous smokers quit their deadly habit. Finally,
even Rav Moshe Feinstein ruled in 1981 that it is forbidden to begin smoking. It seems obvious
that Rav Moshe would require one who began smoking after 1981 to quit smoking.

A Father’s Request to Purchase Cigarettes

Rav Chaim David Halevi (Teshuvot Aseih Lecha Rav 6:58 and 7:65) was asked whether one
must honor his father’s request to purchase cigarettes for him. Normally, the Halacha requires
one to fulfill a parent’s request for service (Kiddushin 31b). On the other hand, one is not
required to follow a parent’s order to violate Halacha (Bava Metzia 32a).

The Beit Lechem Yehuda (commenting on Shulchan Aruch Yoreh Deah 240:15) addresses a
situation where doctors ordered someone not to drink water or eat a certain food. The individual
subsequently asked his son to bring him water and the specified food and told the son that he
would not forgive him neither in this world nor in the next if he failed to do so. The Beit Lechem
Yehuda rules, based on Bava Metzia 32a, that the son is not obligated to obey his father’s
command. Rav Chaim David Halevi explains that the Halacha forbids assisting another to sin
(“Lifnei Iveir Lo Titein Michshol” [Vayikra 19:14]). Accordingly, bringing very unhealthy food
to someone to eat would violate the prohibition of Lifnei Iveir. Rav Halevi argues that it follows
from the Beit Lechem Yehuda’s ruling that one should not give his father cigarettes if he requests
them. Rather, one should politely and gently explain to one’s father (in accordance with
Shulchan Aruch Y.D. 240:11) that smoking is very dangerous, and the Torah obligates us to
preserve our bodies.

Criticizing the Practices of Earlier Generations

In general, the Halacha frowns upon calling into question the Halachic practices of earlier
generations (Motzi Laaz, see Gittin 5b). Indeed, Rav Moshe Feinstein (Teshuvot Igrot Moshe
Y.D. 2:49) writes (in 1964) that we cannot pronounce that smoking is technically forbidden since
great Torah scholars of previous generations smoked.

There are a number of potential responses to this argument. First, the Pitchei Teshuva (E.H.
125:12) cites opinions that limit the cases when one should not be Motzi Laaz on the practice of

41
earlier generations. One is that this rule applies only to when we seek to introduce a mere
stringency (Chumrah BeAlma) and not when we regard the behavior as essentially
forbidden. Another opinion believes that this principle applies only to matters of family law
(Ishut) that are particularly sensitive, such as calling into question the validity of Gittin executed
by prior generations. According to these two approaches, if a Poseik believes that smoking is
forbidden, considerations of Hotzaat Laaz on the practices of the past do not impede issuing a
stringent ruling.

Furthermore, previous generations did not have the access to medical data that we have
today. Thus, they did not violate the prohibition of endangering themselves, since they did not
perceive smoking as dangerous. It is also possible that in earlier generations the health of the
majority of smokers was not impaired, because in those years most people did not live past sixty-
five in any case. For example, my father (who smoked) died at age sixty-nine of lung cancer. In
pre-modern times most people would have died before the age of sixty-nine. Today, when
(Baruch Hashem) the average life span is much longer, the majority of smokers will have their
lives shortened specifically because of smoking. Thus, smoking may have indeed been
permitted for earlier generations and but is forbidden beginning in modern times. Finally, we
are not being Motzi Laaz on Rav Moshe’s rulings, since he was basing himself on data that were
relevant when he wrote his responsa but are not longer up to date.

Finally, the Debrecziner Rav (Teshuvot Be’er Moshe 6:160:9) explains that cigarette smoking
is more dangerous nowadays than it was in previous generations because of the polluted air that
we breathe. He also writes that previous generations were stronger than people today (see
Megillah 21a) and therefore smoking is more dangerous for us and prohibited.

The Chillul Hashem Argument

Rav Chaim David Halevi (Teshuvot Asei Lecha Rav 3:18) advances another argument to forbid
smoking. He writes, “In enlightened countries, smoking is banned in public places,
commercial advertisements of smoking are banned, and manufacturers of cigarettes are
compelled to print health warnings on every pack of cigarettes. Should we, whose holy Torah
is a ‘Torat Chaim’ (a life-giving Torah) lag behind?”

In a number of places, the Torah presents us with the mission of serving as a role model for other
nations (see Shemot 19:6, Seforno’s comments ad. loc., and Devarim 4:6). Indeed, part of every
Jew’s role is to emulate the Kiddush Hashem created by Avraham Avinu who is referred to by
his Hittite neighbors as “a prince of God amongst us (Bereishit 23:6).” It seems that Chazal
regard a Chillul Hashem as such a major infraction (see, for example, Rambam Hilchot Teshuva
1:4) because setting a positive example for others is at the core of the mission of the Jewish
People.

Accordingly, the sight of an observant Jew smoking in our time appears to constitute a Chillul
Hashem. It seems to me that in this country, smoking (for the most part) is common only among

42
lesser-educated and cultured individuals. The sight of an observant Jew smoking does not create
the impression of “knowledge and wisdom in the eyes of the nations.”

Conclusion

The Rama (Shulchan Aruch Y.D. 116:5) should dispel any doubts that smoking his
prohibited. The Rama writes, “One must avoid dangerous activities because we treat danger
even more seriously than Issurim (forbidden behaviors, see Chullin 9b). We must be more
concerned about even possible danger than about possible violations of Issurim.” The fact that
so many prominent Poskim have issued rulings forbidding smoking raises the issue at the very
least to the level of being possibly forbidden. Thus, smoking is forbidden even if one is uncertain
as to whether it should be technically forbidden or not.

Indeed, we can discern three stages in the development of the attitude of contemporary Poskim
towards smoking. Rav Chaim David Halevi was the first major Poseik to state publicly that
smoking is forbidden (in 1976). Rav Eliezer Waldenberg and Rav Hershel Schachter followed
suit in the early 1980’s. The third stage was in the late 1990’s and early 2000’s, when Poskim
such as Rav Ovadia Yosef, Rav Yosef Shalom Eliashiv, and Rav J. David Bleich, who previously
stated that it is technically not forbidden to smoke, have concluded that it is forbidden to smoke
based on changing societal behavior and medical data. Accordingly, at this point one may safely
affirm that the age in which smoking was permissible has passed and that at this point it is
indisputably forbidden.

Parents and educators must present to their children and students in an unequivocal manner that
smoking is forbidden according to the Halacha. There are sufficient major rabbinic figures who
have issued stringent rulings to remove any doubt of the fact that Halacha forbids smoking.

Hashem has privileged us to live in an age where it is common for Chatanim and Kallot to enjoy
the presence of grandparents and even great grandparents at their weddings. What a shame for
one to engage in smoking and very likely miss the opportunity to bestow the great joy of his or
her presence at the weddings of his or her children, grandchildren, and great-grandchildren.

Cigarette smoking and correlates among ultra-orthodox Jewish

males

Eran Kopel Lital Keinan-Boker, Teena Enav, Rita Dichtiar, Tamy Shohat
write:13

Introduction:

13 https://pubmed.ncbi.nlm.nih.gov/22923603/

43
Ultra-orthodox Jews compose a segregated group that struggles to preserve its centuries-old way
of life by strictly adhering to the Jewish religious law in every aspect of life. Their health habits
were infrequently studied to date. We sought to determine the smoking prevalence and to find its
significant correlates in the ultra-orthodox Jewish population of Israel.

Methods:

The study was conducted in a cross-sectional design of men as smoking prevalence among ultra-
religious women was found to be negligible in previous studies. Following a random ultra-
orthodox households sampling and a phone survey, a total of 782 adult men were recruited.

Results:
The age-adjusted smoking prevalence was 12.8% (95% confidence interval [CI] = 10.3%-15.3%).
The multivariate model demonstrated that being single (odds ratio [OR] = 5.83; 95% CI = 2.44-
13.98), being of Israeli (OR = 2.10; 95% CI = 1.18-3.71), or North African/Asian origin (OR =
2.92; 95% CI = 1.55-5.53) was positively correlated with smoking while being a full-time Yeshiva
student (OR = 0.51; 95% CI = 0.30-0.85) was negatively correlated with smoking.

Conclusion:

The Israeli ultra-orthodox Jewish men have very low prevalence of smoking when compared with
the general population. The study contributes to a better understanding of habitual smoking
correlates in ultra-religious minorities.

44
 Haredim combat smoking epidemic
Number of ultra-Orthodox smokers believed to be relatively high compared to general population
in Israel. New program aims to fight phenomenon by training haredi smoking cessation instructors

Tali Farkash writes:14

Although recent years have seen a drop in the number of ultra-Orthodox smokers and a rise in the
sector's awareness of the dangers of smoking, the percentage of smokers in the Haredi society is
believed to be relatively high compared to the general population in Israel.

According to Yaakov Solomon, a Haredi smoking cessation instructor from Beitar Illit, becoming
addicted to cigarettes is very easy in the Haredi society.

"Haredi women don't smoke at all, but with men it's a different story. A Haredi child won't smoke
at the Talmud Torah (elementary school age) of course, except maybe on Purim. Also in the ages
of the small yeshiva (the equivalent of high school), smoking cases are rare. There is very tight
supervision, and it's not seen favorably. But the moment one moves on to a big yeshiva – it's a
different story.

"In general, Haredi adolescents don’t have many rebellion options. The clothes are black and
white, mitzvot are mitzvot, offenses are offenses. Cigarettes are still in the gray area in which
youth can go against the flow, without violating religious and social rules. It's a small expression
of independence that is still available to them," Salomon says.

Every year, an increasing number of young Haredim join the circle of smokers, while the older
generation finds it difficult to quit. A new program initiated by Meuhedet Health Services aims to
combat the phenomenon by training smoking cessation instructors within the sector.

Salomon, who has a bachelor's degree in psychology, is one of the new training graduates.

First cigarette at age 13

He was never a smoker himself. "I'm one of those who didn’t become addicted. Although I arrived
with a very positive approach and tried to smoke several times, in my case it just didn't catch on,"
he says.

Salomon studied in the Lithuanian Haredi sector's flagship yeshiva, Ponevezh, and remembers the
yeshiva's corridors and dining halls filled with smoke. "There were clear rules prohibiting smoking
during studies inside the big hall, although it wasn't for medical reasons but rather out of respect
for the place. In the hours after studies and at night, one could smoke freely."

Itzik, until recently a rabbi in the Mir Yeshiva who is currently studying for a master's degree in
psychology, took up smoking regularly when he began his studies at the "big yeshiva." His first

14 https://www.ynetnews.com/articles/0,7340,L-4414777,00.html

45
cigarette, like many of the sector members, was smoked at the age of 13 as part of the Purim
holiday experience.

"We went to a kiosk, a group of kids, bought a pack and sat down to smoke. I think grownups saw
us, but they didn't say a word. Obviously if my mother had seen us, it would have ended differently,
but those days the awareness of the risks of smoking was much lower," he says.

Itzik bought his second cigarette at the age of 17. "The first year in a 'big yeshiva,' it was a
completely social thing. A group going out to buy cigarettes in a kiosk, especially when the yeshiva
head banned smoking.

"The common approach was that whoever smokes are a weak student and is not serious, and there
was definitely a desire to prove the opposite. Not to mention the fact that most smokers were the
'popular' guys. The more people spoke against it, the stronger was the urge to smoke."

The fact that smoking was a common family habit in Itzik's home encouraged him to regularly join
the circle of smokers. "My father smoked, my brothers smoked, it was customary at home. Each
of us explained to himself why it wouldn’t affect his health. There was no shortage of excuses.

"My father suffered a heart attack and went on smoking. He couldn't stop. Cigarettes were a sort
of relief, a break between one matter and another, a way to refresh," he says.

The cigarettes accompanied him as a newlywed and young father. The soaring prices of cigarettes,
the damage to his physical fitness, and the birth of his children which forced him to move out to
the balcony, were not enough to stop the addiction.

"It's not that I didn't try," Itzik says. "There were times when I would buy just a few cigarettes, for
NIS 1-1.5 (about $0.28-0.42), but after several days I would burst and run to buy a pack. It
definitely bothered my wife, but she said, 'Quit whenever you feel the need to quit.' She didn't
pressure me, and I think that's what helped me in the end. Pressure only hinders."

What eventually made you to give up smoking?

"It was a combination of two factors. As I went out for a routine smoke on the balcony, I saw the
pile of cigarette butts on the roof below. That was the first blow. The second was news about a
relative who had been diagnosed with laryngeal cancer after years of smoking. The moment I heard
about his disease – it was all over. I haven’t touched cigarettes since then and have been clean for
more than two years."

No external criticism

Itzik managed to quit smoking on his own, and even began leading smoking cessation workshops,
but many in the haredi sector are finding it difficult to overcome the hurdle without group and
medical help. He says there is a clear advantage for haredi instructors in cessation workshops for
the ultra-Orthodox.

46
"My best example is actually from a preventive driving course. I took the course twice, once in a
regular group with a secular instructor and once in a haredi group with a haredi instructor," Itzik
says.

"In the haredi group, the haredi instructor told a story of Rabbi Akiva Eiger, about a wagon driver
who accidentally killed his daughter, and that his atonement was giving to charity all the money it
would have cost him to raise her. To me personally, as a haredi, it meant much more than the dry
figure of what happens to a car driving 100 kilometers per hour, which is definitely important too.

"In addition, there's a basic issue of solidarity here. It seems that with most people, differences in
appearance, in culture, cause a mental distance, and in group guidance the interaction within the
group is very important, as well as with the instructor, relations, the trust. Belonging to a
homogenous group helps and increases the chances for success. In addition, in my humble opinion,
there is less of a feeling of external criticism and patronage," says Itzik.

"Clearly the haredi workshops are built like any other workshop, but the emphasis is different,"
says Salomon. "With a haredi man, for example, there's no point in discussing aesthetic damage. I
won't begin an argument like 'you should stop smoking because it causes wrinkles or leaves yellow
stains on your teeth or hands.' It simply doesn’t mean anything to him. On the other hand, telling
him what his lungs look like is much more effective."

'Watch yourselves very carefully'

The rabbis are trying to eradicate the smoking phenomenon as well but are finding it difficult to
define it as a prohibition.

"Yeshiva heads speak out against smoking in class. There is not a single haredi rabbi today who
will say you're allowed to smoke. As far as they're concerned, it’s a halachic prohibition of 'watch
yourselves very carefully,'" says Baruch, another haredi smoking cessation instructor.

"But they won't declare it an absolute prohibition in public, mainly because they understand that
addicts will not be able to endure it technically. If the options for smoking cessation become more
accessible within the haredi sector, there's a chance it might still happen."

Can smoking affect a haredi guy's shidduch (matchmaking) options?

"There are women who will reject a guy for smoking, that’s very possible. But there are few of
those. I smoked, for example, but my wife didn't know about it because during our meetings I
avoided taking out a cigarette. But I find it hard to believe that those who do know will reject
someone just because of cigarettes."

"Eventually, the circumstances which bring a haredi man to a workshop are not different from
those of his secular colleague," Salomon clarifies. "The woman pressures him, the doctor
recommends. It's not really about saving money. No one has cleared their overdraft by quitting
smoking.

47
"What brings them to therapy is knowing that it harms your health and the health of passive
smokers around you. That and the fact that it's possible now and that they can do it inside the
community, under the guidance of people who understand them and their difficulties more than
anyone."

In ‘unheard of’ trend, smoking makes comeback in Israel

Some are blaming government as more Israelis take to cigarettes, one of the leading causes of death
in the Jewish state

ANDREW TOBIN writes:15

Israel has one of the highest life expectancies in the world — 82.5 years, on average. But a
surprising increase in smoking rates may threaten that status.

In line with global trends, the smoking rate in Israel fell from about 45 percent in the early 1980s
to about 20 percent or less in the years since 2011. However, in its annual report on smoking
released last week, Israel’s Health Ministry recorded the biggest single-year setback in more than
a decade, with the rate rising to 22.5 percent in 2016 from 19.7 percent the previous year.

15 https://www.timesofisrael.com/in-unheard-of-trend-smoking-makes-comeback-in-israel/

48
“This is unheard of in the developed world,” Leah Rosen, who heads Tel Aviv University’s Health
Promotion Department, told JTA. “There’s an epidemiological curve of tobacco use, and as people
start to get sick from smoking, the [smoking] rate starts going down, and it never goes back up.
We have now broken that trend. “Skip Ad

Health professionals and anti-smoking activists have long been sounding the alarm about smoking
in the Jewish state — the decline of the national smoking rate had slowed before 2016. And while
numerous factors are likely in play, many have accused the government of not taking the threat
seriously enough.

Smoking is one of the leading causes of death in Israel and has been shown to kill up to half of
smokers. According to the Health Ministry, approximately 8,000 Israelis die each year for reasons
linked to smoking, among them 800 non-smokers exposed to secondhand smoke inhalation. The
Jewish state’s new smoking rate is comparatively high — ranking 28 out of 35 European countries,
according to the World Health Organization. Europe has the highest rate of any region of the world.

An ultra-Orthodox Jewish man seen smoking an electric cigarette

report, Health Minister Yaakov Litzman acknowledged “a decline in efforts” to combat smoking
and pledged to introduce a package of new measures to reverse the upward trend.

49
“The increase in smoking rates, which brings Israel back above the 20 percent mark, demands that
the healthcare system reexamine its policies for coping with tobacco products and whether to
allocate more resources to contend with the problem,” he said.

About 15 percent of Americans smoked in 2015, according to the US Centers for Disease Control.

Litzman, a member of the ultra-Orthodox United Torah Judaism party, has recently come under
fire for hindering some efforts to curb cigarette advertisements and for opposing regulations that
would require manufacturers to put warning images on cigarette packages, saying, “it’s not
aesthetic.”

Israeli soldiers smoking during training in northern Israel

In January, reporters for Israel’s Channel 2 TV station, posing as agents for a company that imports
electronic cigarettes, paid thousands of shekels to a go-between to schedule meetings with Litzman
and the Health Ministry’s head of public health services. The undercover reporters were assured
on camera that no legislation restricting the sale of e-cigarettes in Israel was expected.

Although e-cigarettes are not tobacco products, they often contain nicotine and other chemicals
that could pose health risks to users.

50
At the time of the Channel 2 report, a Health Ministry spokesperson said Litzman had not been
aware of the payments and that he has a well-known “policy of keeping his door open to any person
or organization or company that wishes to see him.”

Health Minister Yaakov Litzman attends a conference in Jerusalem,

February 16, 2017
Rosen said Israel should introduce additional warnings on cigarette packages, as well as strict
limitations on how tobacco can be marketed and where it can be used. The report Health Ministry
report showed that tobacco companies spend more than 60 million shekels ($17 million) a year on
marketing, while the ministry only spend 500,000 shekels ($140,000) on anti-smoking advertising.

One of the most impactful policy changes, Rosen said, would be to close a loophole in the taxation
of cigarettes — which allows for loose tobacco to be taxed at a rate lower than pre-rolled cigarettes.

Taxes on packs of cigarettes have risen in the past few years — the most recent increase, in 2013,
brought the toll to 3 shekels (about 85 cents) a pack, up from 2.5 shekels. The price of a pack of
cigarettes is now between 22 and 35 shekels (about $6 to $10).

But a growing number of Israelis have started smoking loose tobacco, which costs about 43 percent
less than buying the same amount of tobacco in a pack, according to Israeli daily Haaretz.

Elad Sheffer, an activist with the anti-smoking group Clean Air, said it was nonsensical to tax
loose tobacco at a lower rate.

51
“There is no case in terms of health or economics because cheaper cigarettes aren’t any less
dangerous than expensive ones,” he said in a 2015 policy statement.

Amit Farag, a 24-year-old waitress in Tel Aviv, told JTA she started smoking in high school. She
switched to hand-rolled cigarettes a few years ago, at the end of her army service, because packs
had gotten too expensive.

Still, she and most of her friends would prefer to smoke Marlboros, she said.

“When they can have a regular cigarette they want to,” she said. “Sometimes I still take a box from
my parents, and it’s like, yeah, I have a box, and it’s nice.”

Israeli women smoke cigarettes while spending time at a cafe in central Tel
Aviv
If rolled cigarettes cost as much as packs, she would have to quit, she added. It’s still something
she plans to do “one day” because “we all know it’s bad for us,” she said.

Yehudah Glick, a Knesset member for the ruling Likud party, said he recently sent a letter to the
Finance Ministry, which formulates the budget, requesting a boost in the tax on loose tobacco, but
was told no increases were being introduced for now. Glick said he personally brought up the
matter with Prime Minister Benjamin Netanyahu last week, and he said he would look into the
matter.

52
In the meantime, Glick is working on a bill to reduce smoking among Israelis under the age of 21,
since many young Israelis begin smoking in high school or during their army service.

Rosen agreed that Israel’s anti-smoking policies should focus on young people. Although Israel
last year enacted a ban on smoking at educational institutions, she said it needs to be better
enforced. The Health Ministry found that 24.8 percent of males and 14.9 percent of females were
smoking by the time they began their mandatory military service after high school.

A study Rosen spearheaded in January found that by the time they were discharged from the army,
40 percent of men and 32 percent of women smoked — a 42 percent increase over the course of
service. The good news, Rosen added, is that as one of Israel’s most powerful institutions, the
army is in a position to get Israel back on the wagon.

Kids in Jerusalem Celebrated Purim by Smoking Tons of Cigarettes16

16 https://www.vice.com/en/article/kwzjx9/kids-in-jerusalem-celebrate-purim-by-smoking-tons-of-cigarettes-172

53
 Vape Gods and Judaism—E-cigarettes and Jewish Law
Sharon Galper Grossman writes:17

BACKGROUND
Introduced in China in 2003 and in the United States and Europe in 2006,1 electronic cigarettes
(e-cigarettes) are battery-operated devices that heat a liquid to produce a vapor that the user
inhales.2 The main components of the liquid vaporized are nicotine (although some are nicotine-
free), propylene glycol or glycerol (known carcinogens),3,4 and flavorings such as candy, fruit,
soda, and alcohol flavors3,4 that manufacturers add to make initial exposure more pleasurable for
first-time users, especially middle-schoolers and teenagers.5,6 The products contain other
compounds such as tin, lead, nickel, chromium, manganese, arsenic,7–10 tobacco-specific
nitrosamines, carbonyl compounds, metals, volatile organic compounds, and phenolic
compounds,11–15 all of which have carcinogenic potential. Although e-cigarettes do not expose
users to many of the harmful compounds in cigarette smoke (e.g. tars, oxidant gases, and carbon
monoxide),8 e-cigarette vapors nevertheless do contain potentially toxic, carcinogenic chemicals,
raising concerns regarding the exposure of the user and those around him.16 Still, most experts
believe that inhaling e-cigarette vapor is probably less harmful than inhaling cigarette
smoke.1,8,16–18 Less harmful, however, does not mean harmless.
The dangers of nicotine, the chemical responsible for the extraordinary addictiveness of tobacco
products, are manifold especially in youth. Nicotine is uniquely harmful to the brains of those
under the age of 25, increasing the risk of addiction, mood disorders, lowered impulse control,
cognitive impairment, and attention problems.16,19 Symptoms of nicotine addiction, such as drug
withdrawal, the forfeiture of social, occupational, and recreational activities in favor of nicotine
use, and the need to leave the classroom to vape cause substantial distress and impairment.
How much nicotine do e-cigarettes contain? The nicotine content of e-cigarettes varies, ranging
from none (nicotine-free) to 36 mg/mL or higher.7,16 All JUUL products (the brand that has
captured 50% of the market in just two years) contain nicotine. A recently published study found
that only 25% of the individuals who recognized the JUUL product and 37% of current youth and
young adult JUUL users were aware that JUUL always contains nicotine.20 Most e-cigarette
products deliver nicotine even more efficiently than cigarettes. For example, the JUUL website
claims that the nicotine in one JUUL cartridge equals the amount in a pack of cigarettes, or about
200 puffs. JUUL delivers nicotine 2.7 times faster than other e-cigarettes.
Furthermore, E-cigarettes are a gateway to combustible cigarettes. Youth who vape are more likely
than non-users to start smoking cigarettes, and the higher nicotine concentrations in JUUL might
heighten the likelihood of this transition.16 E-cigarettes preceded the use of combustible cigarettes
for 36% of US youth who smoke. Over a two-year period, e-cigarettes introduced more than
260,000 youth to combustible cigarettes.21 Approximately 80% of the individuals who start
smoking during adolescence continue to smoke in adulthood, and one-third of them will die
prematurely from smoking-related diseases.22 There is growing concern that by creating an entire

17 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6649778/

54
generation of nicotine-addicted youth, e-cigarettes will reverse the dramatic reductions in smoking
achieved over the last 50 years. However, even if adolescents who use e-cigarettes do not switch
to regular cigarettes, the harmful effects of nicotine addiction are extensive.23–28
We also know that nicotine is a gateway to opioid addiction, as nicotine lowers the threshold for
addiction to other agents.29 We know that teens who vape are more likely than non-users to use
other substances including alcohol, marijuana, and cocaine and to engage in sexual
activity.30 Given the high nicotine concentrations in JUUL, the nicotine-related health
consequences of its use by young people could be more severe than those from their use of other
e-cigarette products.16
The long-term carcinogenic, respiratory, and cardiovascular effects of e-cigarettes and their
flavorings are not yet fully known, but are thought to be substantially lower than smoking.31 There
are currently no documented cases of lung cancer linked to e-cigarette use. But carcinogenesis can
take years to develop after initial exposure, and vaping has only become popular in the last few
years. E-cigarette vapor emits formaldehyde, a known carcinogen, at levels 5–15 times higher than
normal cigarettes.32 In addition, animal studies show that, like conventional cigarettes, e-
cigarettes have harmful effects on DNA.33 Similarly, the oral tissue of e-cigarette users
demonstrates some of the same cancer-related molecular changes (potential precursors to cancer
development) as noted in cigarette smokers.34 It may take many years to confirm the carcinogenic
effects of vaping. However, preliminary data raise disturbing concerns that e-cigarettes cause
cancer.
The long-term cardiovascular risks of e-cigarette use are also unknown, but preliminary research
indicates they are substantially lower than those of combustible cigarettes.31 Nevertheless,
biological studies show that e-cigarettes are associated with endothelial dysfunction, oxidative
stress, inflammation, platelet activation, and activation of the sympathetic nervous system,35–
37 all of which can increase the risk of heart attack. A recent study of 70,000 people from
University of California San Francisco reported that daily e-cigarette use doubles the risk of
myocardial infarction compared to that of non-smokers; cigarettes alone triple the risk, and the
combined use of e-cigarettes and combustible cigarettes increases it five-fold.38 This study
confirms that e-cigarettes are harmful.
The long-term respiratory effects of e-cigarette use are also unknown.16,39 Limited evidence
suggests that changes in airway respiratory function are much smaller than those associated with
conventional cigarettes, but also that e-cigarettes increase coughs, asthma symptoms, chronic
bronchitis (especially among adolescents),40 emphysema, and chronic obstructive pulmonary
disease (COPD).41 The flavorings might also affect respiratory function.42 Thus, while the long-
term dangers of e-cigarettes have not been quantified, preliminary results suggest these products
are not innocuous.

THE PREVALENCE OF E-CIGARETTE USE IN YOUTH

E-cigarette use has become so pervasive among youth that it is impossible to go to the bathroom
in many middle and high schools because so many people are “JUULing” (i.e. vaping).43 In
response, several Massachusetts high schools have started to lock the bathrooms in order to prevent

55
e-cigarette use during the school day.44 Between 2011 and 2015, e-cigarette use grew an
astounding 900% among high school students. To put this into perspective, in 1976, 28.8% of high
school seniors reported daily use of combustible cigarettes; by 2015, the rate had fallen to
5.6%.19 Recent research conducted independently in Colorado and Massachusetts reveals that
25% of high school students vape,45 a rate 16 times higher than that of adults.45 Vape products
are now the most commonly used form of tobacco among youth in the United States.44 In
response, the US Surgeon General has declared e-cigarette use among youth “an epidemic.”46 In
a reflection of the activity’s appeal, a new term, “vape god,” has entered current lingo. A “vape
god” is someone (most of the time a hipster) who is a connoisseur of electronic cigarettes (e-
cigarettes) and spends all of his time and money on these products in an attempt to create “huge
vape clouds in public.”47
The Jewish world is not immune to the e-cigarette epidemic among teens. A psychologist from
Bergen County, New Jersey, USA, who works with many middle and high school students from
local yeshiva day schools and high schools has stated: “Kids are JUULing in the school bathroom.
Kids are JUULing in class. Teachers are now a little more aware of it, so they might be able to
recognize a JUUL when they see one and know it’s not a USB device. But it’s so easy to take a hit
when no one is looking, or to have it in your pocket.”48 The popularity of JUUL has also spread
to Israeli youth; the Israel Ministry of Health considers this product “a grave risk to public
health.”49
Eighty percent of the 15–24-year-olds who try JUUL continue using the product,20 and social
media posts saying “addicted to my JUUL” are common.50 Why has vaping become so popular
among youth? E-cigarettes, especially JUUL, deliver an addictive dose of nicotine without the
noxious taste that often deters first-time smokers of combustible cigarettes from subsequent use.
In addition, e-cigarette devices are compact and inconspicuous, resembling a USB drive, and are
easy to conceal from authority figures, facilitating widespread use even in the classroom.50 They
have a sleek, modern design, with packaging resembling a smartphone. JUULs are available in
attractive-sounding flavors, including “creme,” “fruit medley,” “mango,” and “cool mint.” The
packages offer misleading, kid-appealing imagery suggesting juice boxes, lollipops, and other
foods, targeting youth with the illusion that these products do not contain nicotine and in fact are
no more harmful than candy.51 Youth and young adults most commonly try e-cigarettes because
of curiosity, the appeal of the flavorings, and the belief that e-cigarettes are a less harmful, less
toxic alternative to conventional cigarettes. They do not turn to e-cigarettes as a way to stop
smoking.46 In fact, youth who use e-cigarettes appear to be at a low risk of smoking conventional
cigarettes; they only begin to vape because they mistakenly believe that e-cigarettes are nicotine-
free and safe.21 Of current JUUL users aged 15–24, 64% did not know that the product always
contains nicotine, nor did they recognize its effects.

EFFICACY OF E-CIGARETTES IN SMOKING CESSATION

Manufacturers promote e-cigarettes as nicotine-replacement products that will help smokers quit
smoking. In surveys, e-cigarette users believe that this product is an effective tool for quitting
conventional cigarettes and reducing the risk of tobacco-related disease.52 American smokers
trying to quit prefer these products to Food and Drug Administration (FDA)-approved cessation
aids.53 However, the FDA has not approved e-cigarettes for smoking cessation.54 A recent study
reported that after one year, the rate of abstinence from smoking tobacco was higher in the e-

56
cigarette group (18.0%) than in the nicotine-replacement group (9.9%).55 The 18% abstinence
rate among e-cigarette users is similar to the 20% rate of smoking cessation attained with FDA-
approved medicines with acceptable safety profiles.56 However, 80% of the smokers who quit
smoking by using e-cigarettes were still using them one year later, leading to concerns regarding
the long-term safety of e-cigarette use. Thus, the argument that e-cigarette use is justified because
it aids smoking cessation is invalid since FDA-approved smoking-cessation aids are no less
effective.

HALAKHA AND E-CIGARETTE USE

Halakha, or Jewish law, is the ethical code by which the traditional Jew leads his or her life. As
new questions arise in Jewish law, Jewish legal scholars have historically answered them through
responsa, written decisions and rulings. It is not surprising that there are no written responsa on e-
cigarettes given their novelty and the relative dearth of scientific data regarding their long-term
safety and efficacy in smoking cessation. Nevertheless, e-cigarettes raise
several halakhic questions. It behooves us to begin to formulate a halakhic perspective on these
products, especially in light of their growing popularity, and the reality that they have reached the
religious world and have infiltrated yeshiva middle and high schools.

Does Halakha Prohibit E-cigarette Use?

E-cigarettes contain harmful materials. However, the long-term effects of e-cigarettes are not
known and might not be established for years. Is use of e-cigarettes permitted based on shomer
peta’im HaShem, the notion that G-d watches over the simple, at least until the long-term effects
are clearer, or do current data provide sufficient justification for prohibiting these products
already?
Many of the halakhic principles that prohibit use of combustible cigarettes apply to e-cigarettes.
Virtually all modern halakhic decisors prohibit smoking combustible cigarettes.57 Although Rav
Moshe Feinstein, whom many North American Jews considered the premier modern decisor of
modern Jewish law, did not do so, recently, his son, Rav Dovid Feinstein, has stated that had his
father been asked today, when medical research has unequivocally confirmed the dangers of
smoking, he would not have allowed it, as his dispensation was based on the “fact” that smoking
endangered only a small percentage of smokers.58 Rabbi Moshe Tendler, professor of biology at
Yeshiva University, expert in medical ethics and Rav Moshe’s son-in-law, concurs (personal
communication, Rabbi Moshe Tendler, April, 2019). In fact, in a statement dated Elul 5732 (1972)
and recently published in Kovetz Hama’or, Rav Moshe stated that if future medical data came to
provide additional evidence of the dangers of smoking, indicating that the percentage of smokers
who became ill had increased, he would indeed prohibit smoking.59
For many years, halakhic authorities permitted smoking combustible cigarettes based on the
principle, “shomer peta’im HaShem,” G-d protects the simple—the notion that there are certain
risky behaviors that society accepts. However, Tsitz Eliezer, Rabbi Eliezer Yehuda Waldenberg,
a prolific halakhic decisor in Jerusalem who for the last half century addressed contemporary
issues in medicine and halakha, states that shomer peta’im HaShem only applies when the risk of
a behavior is unknown or undocumented, the risk is not reversible, or many people engage in this
activity without harm.60 He cites three factors that effectively disqualify smoking from shomer
peta’im HaShem: the publication of thousands of scientific studies establishing the dangers of

57
smoking; the establishment of laws in multiple countries requiring warning labels on cigarette
products; and the US Surgeon General’s report that smoking cessation is the most effective method
of preventing lung cancer. Emphatically, he concludes that, in light of current medical data,
applying shomer peta’im HaShem to permit smoking is absurd. Extrapolating from Tsitz Eliezer’s
responsa, the documented doubled risk of myocardial infarction from e-cigarette use compared to
that of non-smokers, the five-fold increase in risk when combined with combustible cigarettes, and
the increased risk of COPD and emphysema all confirm the danger of these products, potentially
changing them from acceptable risks to forbidden ones. Tsitz Eliezer concluded that government
warnings regarding the dangers of smoking invalidate shomer peta’im HaShem. The FDA in the
United States, the European Union, and Israel’s Ministry of Health all require e-cigarette packages
to carry the label, “Warning: This product contains nicotine. Nicotine is an addictive
chemical.”61 Although this language is not as emphatic as the warnings that appear on the
packages of combustible cigarettes, it might similarly alter their halakhic status from permissible,
based on shomer peta’im HaShem, to forbidden.
Some might argue that because medical data have not unequivocally established the dangers of e-
cigarettes, the principle of shomer peta’im HaShem might theoretically permit the use of these
products. Indeed, there are a number of limitations to applying Tsitz Eliezer’s prohibition against
smoking combustible cigarettes to e-cigarettes and thus concluding that e-cigarettes do not have
the halakhic status of shomer peta’im HaShem. First, Tsitz Eliezer and the other poskim who
ultimately prohibited cigarette smoking in the strongest terms did not do so until many years after
definitive data confirmed the dangers of combustible cigarettes and that many smokers were
unable to quit.58,62 According to this reasoning, the preliminary data regarding the long-term
dangers of e-cigarettes would be insufficient to create a prohibition against their
use; poskim would do so only after a large body of evidence had accrued, confirming the effects
of e-cigarettes on cardiovascular and pulmonary disease and carcinogenesis and the inability of e-
cigarette users to stop using these products. However, part of the initial hesitation of poskim to
forbid smoking cigarettes in the face of compelling scientific data attesting to the dangers of these
products might have stemmed from the reality that smoking was already deeply entrenched in
society when such scientific data emerged. Because e-cigarettes are a relatively new product
without the popularity and acceptability of combustible cigarettes, poskim might be less inclined
to hesitate before prohibiting e-cigarettes. In fact, they have a unique opportunity to seize this
moment to stop e-cigarette use before it becomes widespread and more difficult to uproot.
Furthermore, even in the absence of extensive data regarding the long-term safety of these
products, halakha would prohibit their use based on the reality that e-cigarettes are a gateway to
combustible cigarettes, whose dangers have been sufficiently documented so that virtually
all poskim forbid them. An additional limitation to relying on shomer peta’im HaShem to ban e-
cigarette use is that some poskim define shomer peta’im HaShem very broadly, using the concept
to justify virtually all behaviors except when the danger is immediate (such as when a rock falls
on a child and we know with certainty that the child is beneath it).58,62 Since the dangers of e-
cigarettes are not immediate and will not occur for many years, such poskim would classify these
products as permitted under the principle shomer peta’im HaShem. However, most poskim reject
this expansive definition.58,63 In fact, Tsitz Eliezer writes that shomer peta’im HaShem only
applies when there is a remote suspicion of a danger that is rare.60 Even if more years of follow-
up are necessary to establish the specific long-term dangers of e-cigarette use, the high risk that

58
users will progress to combustible cigarettes—whose dangers are manifold and well-established—
would remove e-cigarettes from the realm of shomer peta’im HaShem.
In addition, in Kovetz Shiurim Ketubot 136, Rav Elchanan Wasserman, a prominent rabbi in pre-
World War II Europe, states that shomer peta’im HaShem does not apply in situations of “minhag
derech eretz” where one is unable to protect oneself because human nature requires engaging in
such behaviors. In situations that are not “minhag derech eretz” where one can avoid
danger, shomer peta’im HaShem does not apply; one who does not avoid such situations will pay
with his life and not be protected by heaven.64 E-cigarette use is a new phenomenon. It is in its
early stages of popularity, not yet entrenched in society. As an avoidable behavior, it would not be
likely to qualify as “minhag derech eretz.” Because e-cigarette use is an avoidable behavior from
which one can refrain, shomer peta’im HaShem might not apply to such use.
Finally, even if medical literature has not firmly and definitively established the long-term dangers
of e-cigarette use independent of combustible cigarettes, the suspicion that these products are
dangerous is sufficient to prohibit their use. Rabbi Moses Isserles (commonly known as Rama),
the author of Mappah, the definitive Ashkenazi gloss on Shulchan Aruch, writes that even a safek
sakana, the possibility that a behavior is dangerous, creates a prohibition.58,65 If the obligation to
protect one’s health is Biblical, based on the verse “ve’nishmartem ma’od et nefshotechem,” or
“guard your health exceedingly,”66 then a safek sakana becomes a safek de’oraita, a case of doubt
regarding a Biblical prohibition, which is even more stringent.57,67 The halakhic principle
“chamira sakanta meisura”68—that we rule more stringently in situations of safek (where the
outcome is uncertain) that arise from danger rather than from prohibitions—further supports a
strict approach to situations where there is even a suspicion of danger.57 The increased risks of
heart attack, COPD, and emphysema associated with e-cigarette use certainly create this safek
sakana.
Other reasons for proscribing e-cigarettes are that they lead to nicotine addiction, which Igrot
Moshe prohibits,69 and that they expose anyone adjacent to the smoker to second-hand smoke, an
action that that Igrot Moshe and others have forbidden.60,70–73 Several halakhic authorities
prohibit smoking combustible cigarettes in public places. Although Rabbi Moshe Feinstein did not
prohibit smoking, he banned smoking in the beit midrash because second-hand smoke exposure
was unpleasant for non-smokers. He held to this principle despite the possibility that his ban might
force the smoker to leave the study hall and detract from his Torah learning.70 Several
other poskim similarly forbid exposing others to second-hand smoke.60,71–73 Tsitz Eliezer 15:39
concludes that non-smokers have the privilege and right to demand that smokers refrain from
smoking in their presence even if the non-smoker was previously able to tolerate the second-hand
smoke.60 Shevet HaLevi, Rav Shmuel HaLevi Wosner, a prominent haredi decisor who lived in
Bnei Brak, Israel, until his death in 2015, categorically prohibited smoking in public areas as even
the smell is harmful.71 The 2016 US Surgeon General’s report states that e-cigarette aerosol is not
harmless “water vapor,” although it generally contains fewer toxicants than combustible tobacco
products.19 There is limited evidence on the health effects of passive vapor exposure. Passive
exposure to e-cigarette vapor appears to expose bystanders to propylene glycol and glycerol,
known carcinogens.74 Based on the opinions of Rav Moshe Feinstein and Tsitz Eliezer, it would
seem that if a by-stander cannot tolerate the second-hand smoke of e-cigarettes, that in and of itself
is sufficient to prohibit e-cigarette use in the presence of others. Shevet HaLevi might categorically
prohibit e-cigarette use in public regardless of whether the vapors cause discomfort to bystanders.

59
Are There Specific Populations for Whom Halakhic Authorities Might Permit
E-cigarette Use?
The only population for which one might allow e-cigarettes use is that of current smokers. Two
arguments might justify e-cigarette use for this group.
One could argue that a current smoker who is trying to quit is obligated to use e-cigarettes as
smoking-cessation aids. However, this approach raises the halakhic question of whether one is
permitted to substitute a potentially less harmful product, e-cigarettes, for a very harmful product,
combustible cigarettes. Historically, decisors have debated the permissibility of permitting
prohibited behavior to avoid a more egregious sin. For example, in the middle ages, they debated
the permissibility of brothels staffed by unmarried Jewish women, allowing men to violate the
minor rabbinic transgression of having sexual relations with an unmarried woman in order to avoid
their transgressing the Biblical decree against having relations with a married woman. Rav Isaac
Arama, a fifteenth-century Spanish rabbinic scholar and author of Akeidat Yitshak, refused to
permit the establishment of such brothels,75 arguing that it is preferable for an individual to be
stoned than to disregard a single letter of the Torah by permitting a prohibited behavior. Modern
decisors facing contemporary questions regarding the permissibility of violating a minor
prohibition in order to avoid transgressing a more severe one repeatedly invoke Akeidat Yitshak to
argue against such behavior.76 Thus, we see that there is strong halakhic precedent for enforcing
a minor prohibition even if this will lead to desecration of a major prohibition. In this
view, halakha should not permit e-cigarette use—a less harmful, though not harmless, form of
smoking—in order to avoid more dangerous and halakhically problematic combustible cigarettes.
Even if halakha permitted replacing a major prohibition with a minor prohibition, the grounds for
doing so in this case would be weak, as scientific evidence does not show e-cigarettes to be any
more effective as smoking-cessation aids than FDA-approved products with acceptable safety
profiles. The FDA does not recommend the use of e-cigarettes for smoking cessation, and most
individuals who turn to them for this reason continue to use combustible cigarettes as well,
exposing themselves to the dangers of both products.
A second argument for permitting current smokers to use e-cigarettes is that they are already
addicted to nicotine and thus have the halakhic status of onus—acting without free will—which
consequently exempts them from a potential prohibition against e-cigarette use
(the halakhic principle is, onus rahmana patriah, sin that is committed against one’s will is exempt
from punishment).57,77 However, nearly 50 years before the true dangers of smoking were
known, the Polish scholar, Rabbi Israel Meir HaKohen Kagan, commonly referred to as Chofetz
Chaim, after the title of his book on guarding one’s tongue, unequivocally rejected the possibility
that current smokers have the halakhic status of onus rahmana patriah, and not responsible for their
actions.78 When smokers told him that they strongly wanted to quit but just could not stop
smoking, he answered: “Whoever told you to begin smoking in the first place?” Chofetz Chaim
stated that if smokers die prematurely, HaShem will judge them for their actions because they
acted of their own free will and not out of onus.

60
Are There Specific Populations for Whom E-cigarettes Should be Especially
Prohibited?
Pregnant women
There is little data on the health effects of e-cigarette use in pregnancy. According to the American
College of Obstetrics and Gynecology, “the quality of the available evidence is poor and well-
designed trials are needed to understand the health effects of these products: their role, if any in
smoking cessation, and their effects on pregnant women and their fetuses.”79 Because nicotine in
any form poses considerable health risks and has adverse effects on fetal brain and
development,19,79 e-cigarette use in pregnancy is at the very least a safek sakana, which Rama
prohibits. Furthermore, applying Tsitz Eliezer’s conclusion that government warnings create a
prohibition against smoking—with the US Surgeon General’s 2016 report stating, “Pregnant
women and women intending to become pregnant should be cautioned against using e-cigarettes
to avoid unnecessary nicotine exposure to their baby”19—classifies the use of e-cigarettes as a
behavior that society is not willing to accept and that should thus be forbidden.

Youth
There are many reasons for prohibiting young people from using e-cigarettes. First, nicotine is
particularly harmful to the developing brain. Second, e-cigarettes too often lead to the use of
combustible cigarettes, which are certainly prohibited. Third, nicotine and the resulting opioid
addiction violate the obligation to honor one’s parents (who most likely object to their use). Fourth,
they detract from time learning, whether nicotine-addicted students feel compelled to leave the
classroom to vape or focus on how to sneak vapes during class. Fifth, Shevet HaLevi prohibits
youth from smoking without exception.71 Finally, Tsitz Eliezer, based on his responsa on
combustible cigarettes, would certainly prohibit e-cigarette use in youth in light of the US Surgeon
General’s declaration that, “any e-cigarette use among young people is unsafe, even if they do not
progress to future cigarette smoking.”19

The US Surgeon General’s Stance and Halakha

In light of the added dangers of e-cigarettes in youth, the US Surgeon General’s declaration that
any use of e-cigarettes in youth is unsafe, and Shevet HaLevi’s statement that it is an absolute
prohibition for adolescents to initiate smoking, do we have a unique obligation to prevent children
from obtaining these products?
Kiddushin 29a lists a father’s obligations to his son and presents an opinion obligating him to teach
his son to swim, because “his life depends on it.” Swimming lessons are potentially lifesaving.
Rashi explains that if the son does not know how to swim and is on a sinking boat, he will be in
danger. Although Rashi does not cite the source of this obligation, Sefer HaChinuch, a work
published anonymously in thirteenth-century Spain that discusses each of the Torah’s 613
commandments, suggests that the obligation is based on “lo ta’amod al dam re’echa”80—do not
stand idly by your neighbor’s blood—and that it requires all people (mothers included) to save
anyone in danger. Expanding on this position, “lo ta’amod al dam re’echa” obligates a parent to

61
save his child from other potentially life-threatening situations by instructing him in fire safety,
cardiopulmonary resuscitation, careful street crossing, the importance of seatbelts, and the dangers
of combustible and e-cigarettes. Although Rav Feinstein does not forbid smoking, he clearly states
that a father, even one addicted to cigarettes, has a unique obligation to prevent his child from
initiating smoking.81 Similarly, Shevet HaLevi states unequivocally that parents and teachers
have a Biblical obligation to keep children from smoking.71 Halakha puts smoking prevention for
children in a different category than for adults, and therefore we must take added precautions to
protect children from the dangers of smoking.

Misinformation Regarding E-cigarette Use

There is a great deal of misinformation regarding e-cigarette use. Most smokers believe that e-
cigarettes aid in smoking cessation, although this is not accurate. A total of 67% of JUUL users do
not realize that the product contains nicotine. Nearly half of the pregnant women who used e-
cigarettes reported doing so in the belief that e-cigarettes are less harmful than regular cigarettes
or that e-cigarettes would help them to stop smoking.82 Are we halakhically obligated to correct
society’s misperceptions regarding the safety and efficacy of e-cigarettes?
The principle of communal responsibility is fundamental to Judaism. It obligates us to protect
individuals and the larger Jewish community, and to rescue these those in danger. Sanhedrin 37a
states that one who saves a single life saves an entire world. Sefer HaChinuch80 derives this
obligation from “lo ta’amod al dam re’echa.” He states: “just as someone will save his neighbor,
so too, his neighbor will save him. This is how the world will be settled as HaShem wants.” Shevet
HaLevi states that leading rabbinic leaders must publicly decry the dangers of smoking in order to
educate the public, and that one who fails to do so is guilty of shefichat damim, murder.71 The
author posits that this obligation should apply to e-cigarette use as well.
As a society, we are required to inform the public, and especially its highly vulnerable
populations—pregnant women and youth—of the risks of e-cigarette use. In addition to the role
that parents play in informing their children of the risks of e-cigarette use, rabbanim, public
figures, teachers, physicians, and policy makers have an obligation to educate the public about the
dangers of e-cigarette use and to encourage those who are using these products to quit.

Are Jews Permitted to Sell E-cigarettes?

Rav Moshe Feinstein states that lighting a cigarette for a smoker does not violate “lifnei
iver,”83,84 the prohibition against causing another Jew to violate the Torah, suggesting that he
would not prohibit a Jew from selling e-cigarettes. However, his son Rabbi Dovid Feinstein,
believes that if asked today, with our current understanding of the dangers of smoking, Rav Moshe
would strongly prohibit smoking and any efforts that enable it.58 Given the known health risks of
cigarettes, Shevet HaLevi states that anyone who has the ability to stop someone else from smoking
must do so and that this obligation is Biblical.71
From the author’s perspective, the sale of e-cigarette products to children violates the prohibition
of “lifnei iver.” We have a unique halakhic obligation to prevent young people from starting to
smoke because use of these products is particularly dangerous and is prohibited by the US Surgeon
General, and because the sale of e-cigarettes to minors is illegal. In an effort to prevent youth from
using e-cigarettes, the FDA has proposed limiting the sale of flavored e-cigarette products to age-

62
restricted, in-person locations, increasing age verification for online sales, and banning e-cigarette
products that are marketed to children or youth through popular children’s cartoons, animated
characters, or product names that appeal to children such as brands of candy or soda.51 In the
USA, the states of Illinois, California, Hawaii, Maine, Massachusetts, New Jersey, Oregon, and
Virginia have all raised the legal age for smoking (including vaping) to 21 in an effort to keep
minors from using e-cigarettes.85

Is a Jewish Society Permitted to Allow the Advertising of E-cigarettes?

Rambam, also known as Maimonides, the medieval Sephardic Jewish philosopher and physician
whom many regard as the most influential Torah scholar of the Middle Ages, states: “It is
forbidden to mislead people in business or to ‘steal their mind.’” This applies equally to gentiles
and Jews. Thus, if one knows of a product defect, he must inform the purchaser. According to
Rambam, it is even forbidden to deceive people with words only (i.e. where no loss of money
results).86 Given the known health risks of cigarette smoking, Shevet HaLevi has ruled that
newspapers may not advertise cigarettes.71 A popular advertisement for JUUL that appears
throughout the city of Ra’annana, Israel, where the author resides, proclaims that the product does
not contain “tobacco leaves.” It is true that JUUL does not actually contain tobacco leaves, but it
does contain tobacco. The advertisement deliberately misleads consumers, leading them to think
that the product is nicotine-free. This is an outright misrepresentation and is exactly what Rambam
defines as “deception with words.” The US Surgeon General recommends that communities
“implement strategies to curb e-cigarette advertising and marketing that are appealing to young
people.”19 This includes prohibiting “child-friendly” advertisements, displaying advertisements
near schools, and marketing campaigns aimed at minors. It is incumbent upon the Jewish
community not to allow this kind of advertising.

MODERN POSKIM
Rav Professor Avraham Steinberg, director of the Medical Ethics Unit at Shaare Zedek Medical
Center, Jerusalem, and author of the Encyclopedia of Jewish Medical Ethics, the most
comprehensive textbook ever compiled on the subject, agrees with the author’s assessment
regarding both the prohibition against e-cigarette use, especially by youth and pregnant women,
and the sale and advertisement of these products (personal communication, Rav Avraham
Steinberg, April 2019). Rabbi Moses Tendler stated that were Rav Feinstein alive today, when we
recognize the true dangers of cigarettes, he would certainly prohibit use of combustible cigarettes
on a Biblical level. Regarding the halakhic permissibility of e-cigarettes, Rabbi Tendler believes
that their safety is irrelevant, as their addictive nature, destroying the free will of those who use
them, renders them prohibited on a Biblical level. He said that if scientific evidence shows that e-
cigarettes are a more effective aid to smoking cessation than existing products, current smokers
would not only be permitted to use these products but would be obligated to do so. However, we
as a society must take special precautions to ensure that youth do not have indiscriminate access
to these products. The only qualification to this ban would be the case where a psychologist or
counselor prescribes e-cigarettes as a way to help the adolescent stop smoking. Similarly, while
selling these products is prohibited Biblically (as it is forbidden for one to endanger his friend),
there might be an exception if the purchaser can provide documentation, such as a prescription
from a healthcare provider, confirming that he is purchasing e-cigarettes for a therapeutic purpose
such as smoking cessation (personal communication, Rabbi Moses Tendler, April 2019).

63
CONCLUSION
E-cigarettes are a relatively new product whose long-term risks we do not yet fully understand.
Nevertheless, their popularity, particularly among youth, is undeniable. Although they might be
less harmful than combustible cigarettes, e-cigarettes are certainly not harmless, especially for
pregnant women as nicotine exposure can harm the fetus, and youth, who are at high risk for
nicotine addiction and for whom they all too easily lead to the use of combustible cigarettes. Few
modern poskim have weighed in on the permissibility or halakhic issues surrounding e-cigarette
use. However, extrapolations from halakhic discussions regarding the use of combustible
cigarettes suggest that e-cigarettes should be forbidden, in particular for pregnant women and
young people, populations for whom the dangers are amplified and to whom governments have
issued warnings against cigarette use. We are obligated as a society to educate the public regarding
the dangers of e-cigarettes, to prevent children from obtaining e-cigarettes, and to halt the false
advertising and perhaps even the sale of e-cigarettes, especially to youth.

REFERENCES
1. Hajek P, Etter JF, Benowitz N, Eissenberg T, McRobbie H. Electronic cigarettes: review of use, content, safety, effects on
smokers and potential for harm and benefit. Addiction. 2014;109:1801–10. doi: 10.1111/add.12659.
2. Orellana-Barrios MA, Payne D, Mulkey Z, Nugent K. Electronic cigarettes—a narrative review for clinicians. Am J
Med. 2015;128:674–81. doi: 10.1016/j.amjmed.2015.01.033.
3. Pellegrino RM, Tinghino B, Mangiaracina G, et al. Electronic cigarettes: an evaluation of exposure to chemicals and fine
particulate matter (PM) Ann Ig. 2012;24:279–88.
4. Hutzler C, Paschke M, Kruschinski S, Henkler F, Hahn J, Luch A. Chemical hazards present in liquids and vapors of electronic
cigarettes. Arch Toxicol. 2014;88:1295–308. doi: 10.1007/s00204-014-1294-7.
5. Kostygina G, Couch E, Walsh M, et al. FDA should prohibit flavors in all tobacco products in the current rule making. Docket
No. FDA-2014-N-0189. Center for Tobacco Control Research and Education University of California; San Francisco: May 30,
2014. [accessed June 19, 2019]. Available at: http://bit.ly/2FJkzwo.
6. Zhu S-H, Sun JY, Bonnevie E, et al. Four hundred and sixty brands of e-cigarettes and counting: implications for product
regulation. Tob Control. 2014;23(Suppl 3):iii3–9. doi: 10.1136/tobaccocontrol-2014-051670.
7. Bhatnagar A, Whitsel LP, Ribisl KM, et al. Electronic cigarettes: a policy statement from the American Heart
Association. Circulation. 2014;130:1418–36.
8. Grana R, Benowitz N, Glantz SA. E-cigarettes: a scientific review. Circulation. 2014;129:1972–86.
doi: 10.1161/CIRCULATIONAHA.114.007667.
9. Palazzolo DL. Electronic cigarettes and vaping: a new challenge in clinical medicine and public health. A literature
reviews. Front Public Health. 2013;1:56.
10. Olmedo P, Goessler W, Tanda S, et al. Metal concentrations in e-cigarette liquid and aerosol samples: the contribution of
metallic coils. Environ Health Perspect. 2018;126:027010.
11. Westenberger BJ. Evaluation of e-cigarettes [memo from Department of Health & Human Services, Food and Drug
Administration; Center for Drug Evaluation and Research, Division of Pharmaceutical analysis] May 4, 2009.
12. Trehy ML, Ye W, Hadwiger ME, et al. Analysis of electronic cigarette cartridges, refill solutions, and smoke for nicotine and
nicotine related impurities. J Liq Chromatogr Relat Technol. 2011;34:1442–58. doi: 10.1080/10826076.2011.572213.
13. Goniewicz ML, Knysak J, Gawron M, et al. Levels of selected carcinogens and toxicants in vapour from electronic
cigarettes. Tob Control. 2014;23:133–9. doi: 10.1136/tobaccocontrol-2012-050859.
14. Kim HJ, Shin HS. Determination of tobacco-specific nitrosamines in replacement liquids of electronic cigarettes by liquid
chromatography-tandem mass spectrometry. J Chromatogr A. 2013;1291:48–55. doi: 10.1016/j.chroma.2013.03.035.
15. McAuley TR, Hopke PK, Zhao J, Babaian S. Comparison of the effects of e-cigarette vapor and cigarette smoke on indoor air
quality. Inhal Toxicol. 2012:250–7. doi: 10.3109/08958378.2012.724728.
16. Committee on the Review of the Health Effects of Electronic Nicotine Delivery. Consensus Study Report. Washington, DC:
The National Academies Press; 2018. Public Health Consequences of e-Cigarettes.
17. Abrams DB. Promise and peril of e-cigarettes: can disruptive technology make cigarettes obsolete? JAMA. 2014;311:135–6.
doi: 10.1001/jama.2013.285347.
18. Glynn TJ. E-cigarettes and the future of tobacco control. CA Cancer J Clin. 2014;64:164–8. doi: 10.3322/caac.21226.
19. U.S. Department of Health and Human Services. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health; 2016. [accessed June 19, 2019]. E-Cigarette Use Among Youth and Young Adults.
20. Willett JG, Bennett M, Hair EC, et al. Recognition, use and perceptions of JUUL among youth and young adults. Tob
Control. 2019;28:115–16. doi: 10.1136/tobaccocontrol-2018-054273.

64
21. Berry KM, Fetterman JL, Benjamin EJ, et al. Association of electronic cigarette use with subsequent initiation of tobacco
cigarettes in US youths. JAMA Netw Open. 2019;2:e187794. doi: 10.1001/jamanetworkopen.2018.7794.
22. U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the
Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention,
National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 2012.
23. Johnston R, Doma K, Crowe M. Nicotine effects on exercise performance and physiological responses in nicotine-naïve
individuals: a systematic review. Clin Physiol Funct Imaging. 2018;38:527–38. doi: 10.1111/cpf.12443.
24. Druyan A, Atias D, Ketko I, Cohen-Sivan Y, Heled Y. The effects of smoking and nicotine ingestion on exercise heat
tolerance. J Basic Clin Physiol Pharmacol. 2017;28:167–70. doi: 10.1515/jbcpp-2016-0065.
25. Cooke WH, Pokhrel A, Dowling C, Fogt DL, Rickards CA. Acute inhalation of vaporized nicotine increases arterial pressure
in young non-smokers: a pilot study. Clin Auton Res. 2015;25:267–70. doi: 10.1007/s10286-015-0304-z.
26. DeVito EE, Herman AI, Waters AJ, Valentine GW, Sofuoglu M. Subjective, physiological, and cognitive responses to
intravenous nicotine: effects of sex and menstrual cycle phase. Neuropsychopharmacology. 2014;39:1431–40.
doi: 10.1038/npp.2013.339.
27. Raval AP. Nicotine addiction causes unique detrimental effects on women’s brains. J Addict Dis. 2011;30:149–58.
doi: 10.1080/10550887.2011.554782.
28. Adamopoulos D, van de Borne P, Argacha JF. New insights into the sympathetic, endothelial, and coronary effects of
nicotine. Clin Exp Pharmacol Physiol. 2008;35:458–63. doi: 10.1111/j.1440-1681.2008.04896.x. [
29. Kandel ER, Kandel DB. Shattuck Lecture. A molecular basis for nicotine as a gateway drug. N Engl J Med. 2014;371:932–43.
doi: 10.1056/NEJMsa1405092.
30. Demissie Z, Jones SE, Clayton HB, King BA. Adolescent risk behaviors and use of electronic vapor products and
cigarettes. Pediatrics. 2017;139 doi: 10.1542/peds.2016-2921. pii: e20162921.
31. McNeill A, Brose LS, Calder R, Bauld L, Robson D. A report commissioned by Public Health England. London: Public Health
England; 2018. [accessed June 19, 2019]. Evidence reviews of e-cigarettes and heated tobacco products 2018. Available
at: http://bit.ly/324u2HZ.
32. Salamanca JC, Meehan-Atrash J, Vreeke S, Escobedo JO, Peyton DH, Strongin RM. E-cigarettes can emit formaldehyde at
high levels under conditions that have been reported to be non-averse to users. Sci Rep. 2018;8:7559. doi: 10.1038/s41598-018-
25907-6.
33. Canistro D, Vivarelli F, Cirillo S, et al. E-cigarettes induce toxicological effects that can raise the cancer risk. Sci
Rep. 2017;7:2028. doi: 10.1038/s41598-017-02317-8.
34. Tommasi S, Caliri AW, Caceres A, et al. Deregulation of biologically significant genes and associated molecular pathways in
the oral epithelium of electronic cigarette users. Int J Mol Sci. 2019;20 doi: 10.3390/ijms20030738. pii: E738.
35. Higham A, Rattray NJ, Dewhurst JA, et al. Electronic cigarette exposure triggers neutrophil inflammatory responses. Respir
Res. 2016;17:56. doi: 10.1186/s12931-016-0368-x.
36. Carnevale R, Sciarretta S, Violi F, et al. Acute impact of tobacco vs electronic cigarette smoking on oxidetive stress and vascular
function. Chest. 2016:1506–12. doi: 10.1016/j.chest.2016.04.012.
37. Moheimani RS, Bhetraratana M, Yin F, et al. Increased cardiac sympathetic activity, and oxidative stress in habitual electronic
cigarette users: implications for cardiovascular risk. JAMA Cardiol. 2017:78–84. doi: 10.1001/jamacardio.2016.5303.
38. Alzahrani T, Pena I, Temesgen N, Glantz SA. Association between electronic cigarette use and myocardial infarction. Am J
Prev Med. 2018;55:455–61. doi: 10.1016/j.amepre.2018.05.004.
39. Vardavas CI, Anagnostopoulos N, Kougias M, et al. Short-term pulmonary effects of using an electronic cigarette: impact on
respiratory flow resistance, impedance, and exhaled nitric oxide. Chest. 2012:14400–6. doi: 10.1378/chest.11-2443.
40. Chun LF, Moazed F, Calfee CS, Matthay MA, Gotts JE. Pulmonary toxicity of e-cigarettes. Am J Physiol Lung Cell Mol
Physiol. 2017;313:L193–206. doi: 10.1152/ajplung.00071.2017.
41. Perez MF, Atuegwu N, Mead E, Oncken C, Mortensen EM. E-cigarette use is associated with emphysema, chronic bronchitis,
and COPD. Am J Respir Crit Care Med. 2018;197:A6245.
42. Barrington-Trimis JL, Samet JM, McConnell R. Flavorings in electronic cigarettes: an unrecognized respiratory health
hazard? JAMA. 2014;312:2493–4. doi: 10.1001/jama.2014.14830.
43. Vaping and e-cigarettes in kids: an unprecedented epidemic. Medscape. 2019. Jan 28, [accessed June 19, 2019].
44. Press Release, Department of Public Health, Boston, MA. Department of Public Health launches campaign to highlight the
dangers of vaping pens and e-cigarettes. Educating parents on the new look of nicotine addiction. Jul 11, 2018. [accessed June 19,
2019].
45. Kann L, McManus T, Harris WA, et al. Youth risk behavior surveillance system – United States 2017. [accessed June 19,
2019];MMWR Surveill Summ. 2018 67:30–43.
46. Truth Initiative. Behind the explosive growth of JUUL. Social influences and flavors drive rising teen use of the top E-
cigarette. Dec 2018. [accessed June 24, 2019].
47. Urban Dictionary [website] Entry: vape god.
48. Retter R. Vaping: a modern menace for today’s teens. Jewish LinNJk. 2018. Jul 26, [accessed June 19, 2019].
49. Matthews C. Israel has banned JUUL. Vaping Daily Blog. 2018. Sep 27, [accessed June 20, 2019].
50. Kavuluru R, Han S, Hahn EJ. On the popularity of the USB flash drive-shaped electronic cigarette Juul. Tob
Control. 2019;28:110–12. doi: 10.1136/tobaccocontrol-2018-054259.

65
51. Gottlieb S.Statement from FDA Commissioner Scott Gottlieb, M.D., on proposed new steps to protect youth by preventing
access to flavored tobacco products and banning menthol in cigarettes
52. Adkison SE, O'Connor RJ, Bansal-Travers M, et al. Electronic nicotine delivery systems: international tobacco control four-
country survey. Am J Prev Med. 2013;44:207–15. doi: 10.1016/j.amepre.2012.10.018.
53. Benmarhnia T, Pierce JP, Leas E, et al. Can e-cigarettes and pharmaceutical aids increase smoking cessation and reduce
cigarette consumption? Findings from a nationally representative cohort of American smokers. Am J Epidemiol. 2018;187:2397–
404. doi: 10.1093/aje/kwy129
54. Borreli B, O’Connor GT. E-cigarettes to assist with smoking cessation. N Engl J Med. 2019;380:678–9.
doi: 10.1056/NEJMe1816406.
55. Hajek P, Phillips-Waller A, Przulj D, et al. A randomized trial of e-cigarettes versus nicotine-replacement therapy. N Engl J
Med. 2019;380:629–37. doi: 10.1056/NEJMoa1808779.
56. Rosen LJ, Galili T, Kott J, Goodman M, Freedman LS. Diminishing benefit of smoking cessation medications during the first
year: a meta-analysis of randomized controlled trials. Addiction. 2018;113:805–16. doi: 10.1111/add.14134.
57. The Rabbinical Council of America. A Ruling by the Va’ad Halacha Rabbi Asher Bush, Chairman. The Prohibition of Smoking
in Halacha. 2006. Jun 30, [accessed 19 June 2019].
58. Rabbi Spitz Y. Smoking and Halacha. OhrSomayach. 2015. Aug 1,
59. Kovetz Hama’or vol. 480; Kislev–Tevet 5778 (2018), p. 7.
60. Rabbi Waldenberg EY (1915–2006). Responsa Tsitz Eliezer 15:39.
61. Vaporizers, e-cigarettes, and other electronic nicotine delivery systems (ENDS) U.S. Food & Drug Administration
[website] [accessed June 20, 2019]. Current content June 19, 2019.
62. Rabbi Ettlinger J (1798–1871). Responsa Binyan Tzion 137.
63. Rabbi Grodzinski CO (1863–1940). Responsa Achiezer 1:23:2.
64. Rav Elchanan Wasserman (1874–1941). Kovetz Shiurim Ketubot 136.
65. Rabbi Moses Isserles (1530–1572). Shulchan Aruch, Yore Deah 116:5.
66. Deuteronomy 4:15.
67. Greenwald Y. Holy smokes! A halachic discussion regarding e-cigarettes. Are e-cigarettes problematic from a halachic
standpoint? May 21, 2017. [accessed June 19, 2019].
68. Babylonian Talmud, Tractate Chullin 9b, 10b.
69. Rabbi Feinstein M (1895–1986). Responsa Igrot Moshe (Epistles of Moshe); Yore Deah. III:35.
70. Rabbi Feinstein M (1895–1986). Responsa Igrot Moshe (Epistles of Moshe); Choshen Mishpat. II:18.
71. Rabbi Wosner S (1913–2015). Responsa Shevet HaLevi 10:295.
72. Rabbi Sternbuch M. (1926–) Responsa Teshuvos VeHanhagos. I:316.
73. Rabbi Abba Shaul BZ (1924–1998). Responsa Ohr L’Tzion. vol. 2, Ch. 45, 56.
74. Pisinger C. A systematic review of health effects of electronic cigarettes. Geneva, Switzerland: World Health Organization;
2015. [accessed June 30, 2019].
75. Rabbi Isaac ben Moses Arama (1420–1494). Akeidat Yitshak, Gate 20.
76. Rabbi Yosef O (1920–2013). Responsa Yabeah Omer, Orach Hayyim vol. 1;30:15.
77. Babylonian Talmud, Tractates Babba Kama 28a, Avoda Zara 54a.
78. Rabbi (HaKohen) Kagan IM (known popularly as the Chofetz Chaim, (1839–1933). Likutei Ma’amarim Chapter 13.
79. American College of Obstetricians and Gynecologists. Committee opinion no. 721: smoking cessation during
pregnancy. Obstet Gynecol. 2017;130:e200–4. doi: 10.1097
81. Rabbi Feinstein M (1895–1986). Responsa Igrot Moshe (Epistles of Moshe); Choshen Mishpat II:76.
82. Kapaya M, D’Angelo DV, Tong VT, et al. Use of electronic vapor products before, during, and after pregnancy among women
with a recent live birth — Oklahoma and Texas, 2015. MMWR Morb Mortal Wkly Rep. 2019;68:189–94.
doi: 10.15585/mmwr.mm6808a1.
83. Leviticus 19:14.
84. Rabbi Feinstein M (1895–1986). Responsa Igrot Moshe (Epistles of Moshe); Yore Deah II:49.
85. wbur [website] You have to be 21 to smoke in Illinois. Will new law affect teen vaping? On Point Newsletter. 2019. Apr 11,
[accessed June 20, 2019].
86. Maimonides (1138–1204). Mishne Torah, Laws of Selling 18:1.

66