Jewish Law And History On Smoking
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Halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...
(
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
law) addresses a number of topics applicable to
tobacco Tobacco is the common name of several plants in the genus '' Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the ...
and
cigarette A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opp ...
smoking Smoking is a practice in which a substance is burned and the resulting smoke is typically breathed in to be tasted and absorbed into the bloodstream. Most commonly, the substance used is the dried leaves of the tobacco plant, which have bee ...
. These include the health impacts of smoking; the permissibility of smoking on holidays and fast days, and the impacts of second-hand smoke on other people.


Historical background

Until the late 20th century, the use of tobacco for smoking and in the form of snuff was common among Jews. It is speculated that a Jew named
Luis de Torres Luis de Torres (died 1493) was Christopher Columbus's interpreter on his first voyage to America. De Torres was a converso, apparently born Yosef ben HaLevi HaIvri chosen by Columbus for his knowledge of Hebrew, Chaldaic, and Arabic. After arriv ...
, who accompanied
Christopher Columbus Christopher Columbus * lij, Cristoffa C(or)ombo * es, link=no, Cristóbal Colón * pt, Cristóvão Colombo * ca, Cristòfor (or ) * la, Christophorus Columbus. (; born between 25 August and 31 October 1451, died 20 May 1506) was a ...
on his expedition in 1492, settled in
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
, learned the use of tobacco, and introduced it into Europe. From this time, Jews were connected with the trade in tobacco.


Ritual concerns

As early as the 17th century, rabbis debated various halachic issues that arose in connection with tobacco use, particularly its permissibility on
Shabbat Shabbat (, , or ; he, שַׁבָּת, Šabbāṯ, , ) or the Sabbath (), also called Shabbos (, ) by Ashkenazim, is Judaism's day of rest on the seventh day of the week—i.e., Saturday. On this day, religious Jews remember the biblical storie ...
,
holidays A holiday is a day set aside by Norm (social), custom or by law on which normal activities, especially business or work including school, are suspended or reduced. Generally, holidays are intended to allow individuals to celebrate or commemorate ...
, fast days, and whether a
blessing In religion, a blessing (also used to refer to bestowing of such) is the impartation of something with grace, holiness, spiritual redemption, or divine will. Etymology and Germanic paganism The modern English language term ''bless'' likely ...
must be recited before use. Among the early sources are ''Keneset ha-Gedolah'' by R'
Chaim Benveniste Chaim Benveniste (1603–1673) was a prominent rabbinic authority in 17th century Turkey. He was a student of Rabbi Joseph Trani and a brother of Joshua Benveniste. Born in Constantinople, he was appointed Rabbi of Tita (a town near İzmir) in 164 ...
(1603–73) and ''
Magen Avraham Abraham Abele Gombiner () (c. 1635 – 5 October 1682), known as the Magen Avraham, born in Gąbin (Gombin), Poland, was a rabbi, Talmudist and a leading religious authority in the Jewish community of Kalisz, Poland during the seventeenth century ...
'' by Avraham Gombiner (1635–83). Gombiner referred to the "drinking of ''tobak'' obaccothrough a pipe by drawing the smoke into the mouth and discharging it," and was undecided on whether a smoker should first make a
blessing In religion, a blessing (also used to refer to bestowing of such) is the impartation of something with grace, holiness, spiritual redemption, or divine will. Etymology and Germanic paganism The modern English language term ''bless'' likely ...
over smoking as a type of refreshment. Believing that tobacco was soaked in
beer Beer is one of the oldest and the most widely consumed type of alcoholic drink in the world, and the third most popular drink overall after water and tea. It is produced by the brewing and fermentation of starches, mainly derived from ce ...
—a kind of ''
chametz ''Chametz'' (also ''chometz'', ', ''ḥameṣ'', ''ḥameç'' and other spellings transliterated from he, חָמֵץ / חמץ; ) are foods with leavening agents that are forbidden on the Jewish holiday of Passover. According to halakha, Jews ma ...
''—he
ban Ban, or BAN, may refer to: Law * Ban (law), a decree that prohibits something, sometimes a form of censorship, being denied from entering or using the place/item ** Imperial ban (''Reichsacht''), a form of outlawry in the medieval Holy Roman ...
ned smoking during
Passover Passover, also called Pesach (; ), is a major Jewish holidays, Jewish holiday that celebrates the The Exodus, Biblical story of the Israelites escape from slavery in Ancient Egypt, Egypt, which occurs on the 15th day of the Hebrew calendar, He ...
. Benveniste expressed himself very forcibly against smoking ''tutun'' (tobacco) on
Tisha BeAv Tisha B'Av ( he, תִּשְׁעָה בְּאָב ''Tīšʿā Bəʾāv''; , ) is an annual fast day in Judaism, on which a number of disasters in Jewish history occurred, primarily the destruction of both Solomon's Temple by the Neo-Babylonian E ...
, and reportedly
excommunicate Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...
d a Jew who smoked on that solemn fast-day. Benveniste pointed out the inconsistency of those authorities who permit smoking on holidays because it is a 'necessity,' a 'means of sustaining life,' and who allow it on fast-days because smoke has no 'substance' like
food Food is any substance consumed by an organism for nutritional support. Food is usually of plant, animal, or fungal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals. The substance is inge ...
. In Benveniste's opinion, smoking was prohibited on holidays; he quoted Rabbi
Joseph Escapa Joseph Escapa (c. 1572–1662) served in the rabbinate of İzmir. He was probably born at Skopje, Ottoman Empire back then, after which he is named. Biography At first rabbi and chief of the yeshivah at Thessaloniki, he later filled the same offic ...
as coinciding in this view, though he thought it unwise to enforce a generally accepted law.Jewish Encyclopedia: Tobacco
1906. Retrieved 1 January 2016.
Writing in
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
, an
Islamic Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the mai ...
country, Benveniste further argued that smoking on fast days is '' Chillul Hashem'' (a defamation of God's name), because
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
s refraining from smoking on fast-days would see Jews smoking on theirs. Despite such concerns, some Jews did smoke on
Shabbat Shabbat (, , or ; he, שַׁבָּת, Šabbāṯ, , ) or the Sabbath (), also called Shabbos (, ) by Ashkenazim, is Judaism's day of rest on the seventh day of the week—i.e., Saturday. On this day, religious Jews remember the biblical storie ...
using hookas prepared before Shabbat, or else visited Muslim neighbors to enjoy the smoke in their homes. Rabbinic authorities banned this practice on the grounds that
Gentile Gentile () is a word that usually means "someone who is not a Jew". Other groups that claim Israelite heritage, notably Mormons, sometimes use the term ''gentile'' to describe outsiders. More rarely, the term is generally used as a synonym for ...
s would consider
Judaism Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the ...
as ridiculous. The Turkish
narghile A hookah (Hindustani language, Hindustani: (Nastaleeq), (Devanagari), IPA: ; also see #Names and etymology, other names), shisha, or waterpipe is a single- or multi-stemmed instrument for heating or vaporizing and then smoking either tobacco ...
, in which the smoke passes through water, early became popular; Benveniste rules that the "tumbak" (cake of tobacco, over which a burning coal is placed at the other end of the narghile) extinguishes the fire, which is forbidden on holidays as well as Shabbat. Gombiner prohibits tumbak because it is like "mugmar" (spice for burning), mentioned in the Talmud, which likewise is prohibited. This, however, is disputed by R. who permits the use of the narghile on holidays. The controversy finally ended in a victory for those rabbis who permitted the use of tobacco on holidays and fast-days, except of course on Yom Kippur, which is like Sabbath; still, some Jews still abstain from smoking on Tisha BeAv. Unlike smoking, the use of snuff was allowed on the Sabbath, holidays, fast-days, and
Yom Kippur Yom Kippur (; he, יוֹם כִּפּוּר, , , ) is the holiest day in Judaism and Samaritanism. It occurs annually on the 10th of Tishrei, the first month of the Hebrew calendar. Primarily centered on atonement and repentance, the day's ...
. Jacob Hagiz (1620-74) quotes a responsum of Isaiah Pinto permitting the use of snuff on the Sabbath, even though it cures
catarrh Catarrh is an exudate of inflamed mucous membranes in one of the airways or cavities of the body, usually with reference to the throat and paranasal sinuses. It can result in a thick exudate of mucus and white blood cells caused by the swelling o ...
; for everybody, even healthy people, use snuff, and it can not therefore be considered a drug.


Moral concerns

The Chofetz Chaim (1838–1933) sought to dissuade practitioners from smoking. He considered it a waste of time, and saw the practice of people borrowing cigarettes from each other as morally questionable. R' Moshe Feinstein prohibited smoking in any place where other people are found, on the grounds that it causes them distress (even ignoring health impacts). The early modern
responsa ''Responsa'' (plural of Latin , 'answer') comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars i ...
literature addresses the question of students smoking in their '' batei midrash'' and
synagogue A synagogue, ', 'house of assembly', or ', "house of prayer"; Yiddish: ''shul'', Ladino: or ' (from synagogue); or ', "community". sometimes referred to as shul, and interchangeably used with the word temple, is a Jewish house of worshi ...
s. Some rabbis sought to outlaw smoking and the use of snuff in places of worship and posted notices for study halls. Many leading
acharonim In Jewish law and history, ''Acharonim'' (; he, אחרונים ''Aḥaronim''; sing. , ''Aḥaron''; lit. "last ones") are the leading rabbis and poskim (Jewish legal decisors) living from roughly the 16th century to the present, and more specifi ...
prohibited smoking in ''batei midrash'' and synagogues on the grounds that smoking is a frivolous activity that does not show respect for the holiness of these places.


Health concerns

When 20th century medicine discovered the negative effects of smoking on health, the question arose whether smoking is forbidden in all circumstances. The debate about the acceptability of smoking according to ''halacha'' is centered primarily around the prohibition for a person to damage his body, or bring about his death.Beit Yitzchak 20
סקירה מקיפה בנושא העישון בהלכה, Daniel Stone (1988); p.296
Opponents of smoking argue that since there is a clear link between smoking and cancer, smoking should be prohibited. However, Rabbi Moses Feinstein wrote a responsum stating that while inadvisable, smoking was permitted for one who had already started. Feinstein explained that since the risk of illness or death due to smoking is considered small, and it is a widespread practice, it is therefore permitted under the rabbinical principle: "
The Lord protects the simple ''The Lord protects the simple'' is a phrase from a verse in the Hebrew Bible. In Judaism, the phrase has both a plain meaning and another meaning due to rabbinic exegesis. From Psalms states: "The Lord protects the simple, I was brought low and ...
." However, starting to smoke would be prohibited because of the transgression of v'lo sasuru. According to students, when informed of the dangers of smoking, Rabbi
Aaron Kotler Aharon Kotler (1892–1962) was an Orthodox Jewish rabbi and a prominent leader of Orthodox Judaism in Lithuania and the United States; the latter being where he founded Beth Medrash Govoha in Lakewood Township, New Jersey. Early life Kotler ...
ruled that smoking was a biblical transgression. Many Haredi rabbis have called on people not to smoke and called smoking an 'evil habit'. These rabbis include Rabbi
Yosef Sholom Eliashiv Yosef Shalom Elyashiv ( he, יוסף שלום אלישיב; 10 April 1910 – 18 July 2012) was a Haredi Rabbi and ''posek'' (arbiter of Jewish law) who lived in Jerusalem. Until his death at the age of 102, Rav Elyashiv was the paramount lead ...
, Rabbi
Aharon Leib Shteinman Aharon Yehuda Leib Shteinman ( he, אהרן יהודה לייב שטינמן), also Shtainman or Steinman (November 3, 1914 – December 12, 2017), was a Haredi rabbi in Bnei Brak, Israel. Following the death of Yosef Shalom Elyashiv in 2012 ...
, Rabbi
Moshe Shmuel Shapiro Moshe Shmuel Shapiro (1917–2006) was a Rosh Yeshiva and important rabbinic figure in Israel. Early life and education Moshe Shmuel Shapiro's father, Aryeh Shapira, was the son of Refael Shapiro of Volozhin and grandson of Naftali Zvi Yehuda B ...
, Rabbi
Michel Yehuda Lefkowitz Michel Yehuda Lefkowitz (1913 – 27 June 2011) was a respected Haredi Lithuanian Torah leader and rosh yeshiva in Bnei Brak, Israel, for over 70 years. He was a '' maggid shiur'' at Yeshivas Tiferes Tzion from 1940 to 2011 and rosh yeshiva of Yes ...
, Rabbi
Nissim Karelitz Shmaryahu Yosef Nissim Karelitz ( he, נסים קרליץ; July 19, 1926 – October 21, 2019) was an Orthodox Jewish rabbi and posek who served as the chairman of the '' beis din tzedek'' (rabbinical court) of Bnei Brak. Biography Karelitz ...
, and Rabbi
Shmuel Auerbach Shmuel Auerbach ( he, שמואל אורבך) (September 21, 1931 – February 24, 2018) was a Haredi rabbi in Jerusalem. Rav Auerbach led a large portion of more radical elements of the non-Hasidic Haredi community. His followers formed a political ...
. Rabbi Shmuel HaLevi Wosner forbade people from starting to smoke and said that those who smoke are obligated to do everything they can to stop. All of these rabbis also said that it is forbidden to smoke in a public place, where others might be bothered by it. Among important Sephardi Haredi rabbis, Rabbi Ben Tzion Abba Shaul and Rabbi Moshe Tzadka called on youth not to start smoking. Other major Ashkenazi rabbis who explicitly forbade smoking include Rabbi Eliezer Waldenberg, Rabbi
Moshe Stern Rabbi Moshe Stern (1914-1997) was a prominent Orthodox Jewish (Charedi) Rabbi in the 20th century. He was Dayan of Debrecen, Hungary and author of a halachic responsa sefer named ''Be'er Moshe''. He survived Bergen Belsen during the Holocaust and ...
, and Rabbi Chaim Pinchas Sheinberg. Smoking is specifically prohibited by Solomon Freehof, other Reform rabbis, as well as rabbis in the Conservative movement in the U.S. and Israel. There is a custom still practiced today by Hasidic and some Haredi grooms who hand out free cigarettes to their friends at their '' vort'' (engagement). Recent rulings against smoking by great rabbis do not have seemed to have stopped the tradition. Early on in the Hasidic movement, the
Baal Shem Tov Israel ben Eliezer (1698 – 22 May 1760), known as the Baal Shem Tov ( he, בעל שם טוב, ) or as the Besht, was a Jewish mystic and healer who is regarded as the founder of Hasidic Judaism. "Besht" is the acronym for Baal Shem Tov, which ...
taught that smoking tobacco can be used as a religious devotion, and can even help bring the Messianic Era. Rabbi Levi Yitzchok of Berditchev is quoted as saying that "a Jew smokes on the weekdays and sniffs tobacco on the Sabbath". Rabbi Dovid of Lelov taught that it is a good religious practice to smoke on Saturday nights after the Sabbath, and this practice is followed by the Rebbes of Lelov and Skulen, however the current Rebbe of Skulen discourages people from following his example, in light of current views opposing smoking, and he himself only takes a few brief puffs of a cigarette after
Havdalah Havdalah ( he, הַבְדָּלָה, "separation") is a Jewish religious ceremony that marks the symbolic end of Shabbat and ushers in the new week. The ritual involves lighting a special havdalah candle with several wicks, blessing a cup of ...
. Many Hasidic Jews smoke, and many who do not smoke regularly will smoke on the holiday of
Purim Purim (; , ; see Name below) is a Jewish holiday which commemorates the saving of the Jews, Jewish people from Haman, an official of the Achaemenid Empire who was planning to have all of Persia's Jewish subjects killed, as recounted in the Boo ...
, even if they do not do so any other time of the year, and some consider it to be a spiritual practice, similar to the smoke of the altar in the ancient Temple. However, many Hasidic Rabbis oppose smoking. In 2006, the '' Vaad Halacha'' (Jewish law committee), sponsored by the Rabbinical Council of America, ruled that the use of tobacco is forbidden to Jews, and the committee specifically cited and reversed precedents that permitted smoking.


References

Its bibliography: ** ''Ha-Maggid'', viii., No. 37; ''Ha-Zefirah'', i., No. 8 ** '' Keneset ha-Gedolah'', iii., end ** A. K. Kaufman, ''Räuchert un Shikkert'', Warsaw, 1900 **
Löw Löw (or Loew) is a surname of German and Yiddish origin. Another romanization of the Yiddish name לייב is Leib. It may refer to: People * Benjamin Wolf Löw (1775–1851), a Polish-Hungarian rabbi * Franklin M. Loew (1939-2003), a veterinar ...
, Lebensalter, p. 351 **
Abrahams Abrahams is a surname. Notable people with the surname include: *Abraham Abrahams (1813–1892), South Australian businessman and art connoisseur *Annie Abrahams (born 1954), Dutch artist * Arthur Abrahams (born 1955), Australian race car driver * ...
, ''Jewish Life in the Middle Ages'', p. 139 ** Steinschneider, in ''Die Deborah'' (1894), vol. xl., No. 1. * Bleich, J. D. "Smoking." Tradition 16, no. 4 (1977). ::———. etter to the editorTradition 17 no. 3 (1978). ::———. "Survey of Recent Halakhic Literature: Smoking." Tradition 23, no. 2 (1983). * Etinger, Dov. Sefer Pe'er Tahat Efer: Ha-`Ishun Bi-Yeme Hol Uve-Yamim Tovim Le-or Ha-Halakhah. Yerushalayim: D. Etinger, 1988. Includes opinions by several important Orthodox rabbinic decisors. * Feinstein, Moses. Sefer
Igrot Moshe ''Igros Moshe'' ( he, אגרות משה, , Epistles of Moses; Israeli/ Sephardic pronunciation: ''Igrot Moshe'') is a nine-volume series of '' halakhic'' responsa by Rabbi Moshe Feinstein. The first seven volumes were published during Rabbi Fein ...
. * RCA Roundtable. (Statement by progressive Orthodox Rabbis Saul Berman, Reuven Bulka, Daniel Landes and Jeffrey Woolf.) “Proposal on smoking” (unpublished) July 1991

* Fred Rosner, Rosner, Fred. “Cigarette Smoking in Jewish Law” Journal of Halacha and Contemporary Society 4 (1982): 33-45 ::———. Modern Medicine and Jewish Ethics. Hoboken, N.J. New York: Ktav Pub. House; Yeshiva University Press, 1986. * Stone, Daniel. “Smoking in Halakhah” ebrewBeit Yitzkhak 20 (1988) * Waldenberg, Eliezer. Tzitz Eliezer. See: Schussheim, Eli and Eliezer Waldenberg. “Should Jewish law forbid smoking?” B’Or ha’Torah 8 (1993) {{Smoking nav Jewish medical ethics Jewish law Smoking Tobacco and religion