Jewish law and history on smoking

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This article addresses the history of tobacco smoking among Jews and Jewish legal literature (Halakha) about cigarette smoking, from the early modern period to the present day. The Halakha literature addresses 3 main topics: the regulation of smoking on days of special Jewish significance, the debate over the prohibition of smoking per se for individual Jews, and smoking in indoor shared spaces (i.e., the problem of “environmental tobacco smoke”).

Contents

[edit] Historical background

Until the late 20th Century, “the use of tobacco for smoking and in the form of snuff was common among Jews, who in some countries control to a large extent the manufacture and sale of the product. It is asserted that a Jew named Luis de Torres, who accompanied Christopher Columbus on his expedition in 1492, settled in Cuba, learned the use of tobacco, and introduced it into Europe. From this time Jews were connected with the trade in tobacco, one of the most important in early American history (M. J. Kohler, in "Publ. Am. Jew. Hist. Soc." x. 52).” (Source: JE)

[edit] Ritual and other moral concerns: (early modern to 1960)

Tobacco encountered the early opposition of some European rabbis, who characterized tobacco smoking as "offering incense to Satan." (Source: JE) More recently, some rabbis considered smoking an improper, lightheaded activity for the study hall (Stone 302).

Rabbis also debated the use of tobacco under halakha (traditional Jewish law). Notably they addressed varying aspects of its permissibility on Sabbaths, holy days, and fast-days. They also investigated the need for a special blessing for smoking. Among the early sources are the "Keneset ha-Gedolah" of R. Hayyim Benveniste (1603-73) and the Magen Avraham of Avraham Gombiner (1635-83). Gombiner refers to the "drinking of tabak through a pipe by drawing the smoke into the mouth and discharging it." The rabbi considers smokers should first make a blessing over smoking as a type of refreshment. No blessing is required if there is no "substance" in the benefit derived (Magen Avraham to Shulkhan Arukh, Orach Chayim, 210, 9). He bans smoking on the Passover holy days, assuming that it was soaked in beer, a source of leaven (chametz) (ib. 343). Benveniste expresses himself very forcibly against smoking "tutun" (tobacco) on the Ninth of Av. He reportedly excommunicated a Jew who smoked on that solemn fast day ("Keneset ha-Gedolah," to Orach Chayim, 551, 21). According to Jacobs and Eisenstein, Benveniste “points out the inconsistency of those authorities who permit smoking on holy days because it is a "necessity," a "means of sustaining life," and who allow it on fast-days because smoke has no "substance" like food. In Benveniste's opinion smoking should be prohibited on holy days; he quotes the venerable R. Joseph Escapa as coinciding in this view, though he thought it unwise to enforce a generally accepted law.” (Source: JE)

Writing in Islamic Turkey, Benveniste further argues that smoking defames God (hillul ha-shem) because Muslims who refrain from smoking on fast days would see Jews smoking on theirs ("Keneset ha-Gedolah," ib. 567 [ed. Constantinople, 1729, pp. 101 et seq.]). Despite such concerns, some Jews did smoke on the Sabbath and visit Muslim neighbors in order to smoke hookas in their houses. Rabbinic authorities banned this practise on the grounds that Gentiles would consider Judaism as ridiculous (Alkalai, "Zekor le-Abraham," i. 142-143, Salonica, 1798). (Source: JE)

The influential Rabbi Yisrael Meir Kagan (1838-1933), known as the Chofetz Chaim, also sought to dissuade his readers from smoking. He considered it a waste of time and saw the practice of people "borrowing" (pilfering) cigarettes from each other as morally questionable. R. Kagan's writings against tobacco (in Liqutey Amarim ch. 13 and Zakher le-Miryam ch. 23) do not appear in his popular writings on Halakha (e.g., the Mishnah Berurah). (Cp. Stone (296f., 299) and Eliezer Waldenberg).

[edit] Early Jewish legal and other literature on specific aspects of smoking (early modern to 1960)

Early modern Jewish law also addresses the Turkish narghile, which filters the smoke through water. Benveniste rules that the narghile violates even holy day regulations because it may extinguish fire. Gombiner forbids the use of the naghile because its tobacco is analogous to the "mugmar" (spice for burning) banned by Talmudic law. (Conversely, see the opinion of R. Mordecai ha-Levi, "Darke No'am" (No. 9, Venice, 1698) and see "Be'er Heteb," to Shul?an 'Aruk, Ora? ?ayyim, 514, 1). (Source: JE)

Unlike smoking, the use of tobacco as snuff was allowed on the Sabbath, holy days, fast days and Yom Kippur ("Le?e? ha-?ema?," p. 51b, Amsterdam, 1707). “Jacob ?aziz (1620-74) quotes a responsum of Isaiah Pinto permitting the use of snuff on Sabbaths, even though it cures catarrh; for everybody, even healthy people, snuff, and it can not therefore be considered a drug ("Halakot ?e?annot," No. 101), according to Jacobs and Eisenstein.

Some Jewish women also used tobacco (see Elijah of Lublin, "Yad Eliyahu," responsum No. 65, Amsterdam, 1712).

For an unusual apologia for cigar smoking, based partly on a casual halakhic argument, see Raphael Kohen's "?u? ha-Meshullash" (Odessa, 1874). The JE reports that he felt it necessary to publish under a pseudonym.

The JE also cites Hebrew poetry on tobacco: “Solomon Wilder of Amsterdam composed one in acceptance of a tobacco-pipe as a birthday present ("Ha-Karmel," 1862, vol. ii., No. 20). Another poem characterizes the cigar and cigarette as "the two tails of these smoking firebrands" (Isa. vii. 4; see "Ha-Bo?er Or," i. 123).”

[edit] Halakha on cigarette smoking: late 20th Century

The shift toward health-oriented concerns about cigarette smoking may be observed in Jewish approaches based on Jewish law (Halakha). For instance, when the link between smoking and health was still doubted, Rabbi Moses Feinstein wrote a responsum stating that smoking was permitted, though inadvisable. More recently, rabbinic responsa tends to argue that smoking is prohibited as self-endangerment under Jewish law. Responsa to prohibit (or virtually prohibit) cigarette smoking have been issued by several influential Orthodox Rabbis (e.g., Waldenberg, Chaim David HaLevi, chief rabbi of Tel Aviv in 1976). Smoking is specifically prohibited by Solomon Freehof, other Reform rabbis, as well as rabbis in the Conservative movement in the U.S. and Israel.

[edit] Halakha and smoking in shared indoor spaces

The early modern responsa literature shows that Jews smoking in their study halls (beit midrash) and synagogues. Some rabbis sought to outlaw smoking and snuff in places of worship ("Pahad Yitzkhak," 9, p. 62a) and posted notices for study halls. ("Ha-Maggid," 1859, vol. iii., No. 16). While smoking had been extremely prevalent in the Orthodox study hall (yeshiva), rabbinic opinions have led to a major decrease in cigarette use, especially in the United States and less so in Israel.

In tandem with secular campaigns to restrict indoor [tobacco] smoking as harmful to non-smokers, Orthodox rabbinic authorities (‘’posek’’) began to make it virtually prohibited a priori to smoke in synagogues and study halls. R. Moses Feinstein (1980) ruled against indoor smoking based on the Halakha of nuisance damages, while most other rabbis have based a similar ruling on the Halakha concerning health-related damages.

In Israel, meanwhile, religious doctors and rabbis work collaboratively on anti-smoking efforts. (E.g. the journal Assia)

On June 30, 2006, the Va’ad Halacha of the Rabbinical Council of America ruled that the use of tobacco is forbidden to Jews.

[edit] References

Original source: “Tobacco” by : Joseph Jacobs, Judah David Eisenstein in the public domain Jewish Encyclopedia (http://www.jewishencyclopedia.com)

  • Jewish Encyclopedia Bibliography:
    • Ha-Maggid, viii., No. 37; Ha-?efirah, i., No. 8
    • Keneset ha-Gedolah, iii., end
    • A. K. Kaufman, Räuchert un Shikkert, Warsaw, 1900
    • Löw, Lebensalter, p. 351
    • Abrahams, 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).
———. [Letter to the editor] Tradition 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.
  • RCA Roundtable. (Statement by progressive Orthodox Rabbis Saul Berman, Reuven Bulka, Daniel Landes and Jeffrey Woolf.) “Proposal on smoking” (unpublished) July 1991. Available on the web.
———. Modern Medicine and Jewish Ethics. Hoboken, N.J. New York: Ktav Pub. House; Yeshiva University Press, 1986.
  • Stone, Daniel. “Smoking in Halakhah” [Hebrew] Beit Yitzkhak 20 (1988)
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