Smoking in Jewish law
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This article addresses the history of, and ''[[Halakha]]'' ([[Judaism|Jewish]] legal-literature) that applies to, [[tobacco]] and [[cigarette]] [[tobacco smoking|smoking]] by [[Jew]]s from the early modern period to the present day. ''Halakha'' addresses three main topics:
* The regulation of smoking on days of special Jewish significance
* The debate over prohibition of smoking, per se, with regard to individual Jews
* General environmental concerns (i.e., [[passive smoking|"second-hand smoke"]]).
{{Judaism}}
==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)
===Ritual and other moral concerns===
Tobacco encountered the early opposition of some European [[rabbi]]s (Hebrew for "master," or, a religious teacher), who characterized tobacco smoking as "offering [[incense]] to [[Satan]]." (Source: JE) More recently, some rabbis considered smoking an improper, lightheaded activity for [[students]] (Stone 302).
Rabbis also debated the use of tobacco under traditional Jewish law, including varying aspects of its permissibility on the [[Shabbat|Sabbath]], [[chag]]s (Jewish [[sacred|holy]] days), [[fasting|fast]]-days, and whether a special "smoking" [[berakhah]] ([[blessing]]) might be needed. Among the early sources are the ''Keneset ha-Gedolah'' ("Men of the Great Assembly") of Rabbi Hayyim Benveniste (1603-73) and the ''[[Shulkhan Arukh#Commentaries|Magen Avraham]]'' ("Shield of Abraham") of [[Avraham Gombiner]] (1635-83). Gombiner refers to the "drinking of ''tabak'' [tobacco] through a [[smoking pipe|pipe]] by drawing the smoke into the mouth and discharging it," and says that a smoker should first make a [[blessing]] over smoking as a type of refreshment. Believing that tobacco was soaked in [[beer]] — a source of ''[[chametz]]'', or [[leaven]] — he [[ban]]s smoking during [[Passover]]. (ib. 343). Benveniste expresses himself very forcibly against smoking ''tutun'' (tobacco) on the [[Ninth of Av]], and reportedly [[excommunicate]]d a Jew who smoked on that solemn fast-day (''Keneset ha-Gedolah'', to Orach Chayim, 551, 21). According to Jacobs and Eisenstein<!-- Who are these people? They have not been mentioned yet in the article and need to be given identities. -->, 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 Rabbi [[Joseph Escapa]] as coinciding in this view, though he thought it unwise to enforce a generally accepted law.” (Source: JE)
Writing [[Turkey]], an [[Islamic]] country, Benveniste further argues that smoking is ''[[Chillul Hashem]]'' (a defamation of [[God]]), because [[Muslim]]s refraining 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 visited Muslim neighbors in order to smoke [[hooka]]s there. [[Rabbinic]] authorities banned this practise on the grounds that [[Gentile]]s would consider [[Judaism]] as ridiculous (Alkalai, "Zekor le-Abraham," i. 142-143, Salonica, 1798). (Source: JE)
Rabbi [[Yisrael Meir Kagan]] (1838-1933), known as the ''[[Chofetz Chaim]]'' ("Desirer of Life"), also 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. (Cp. Stone (296f., 299) and [[Eliezer Waldenberg]]).
===Specific aspects of smoking===
Early modern [[Jewish law]] also addresses the Turkish ''[[hookah|narghile]]'', or [[water pipe]], which filters the smoke through water. Benveniste rules that the ''narghile'' violates even holy-day regulations because it may extinguish fire (which cannot be extinguished on a Jewish holy day). Gombiner forbids the ''naghile's'' use because its tobacco is analogous to the ''mugmar'' (spice incense) banned by [[Talmudic law]]. (Source: JE)<!-- This doesn't make sense to me - I was not aware of any global ban like this. What is this source: "JE"? -->
Unlike smoking, the use [[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 the Sabbath, 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.<!-- Is this a quote? Why is it not closed? I want to delete it as it makes no sense. -->
Some Jewish women also used tobacco (see Elijah of Lublin, ''Yad Eliyahu'', responsum No. 65, Amsterdam, 1712).
The JE also cites [[Hebrew]] [[poetry]] on tobacco: “Solomon Wilder of Amsterdam composed one in acceptance of a tobacco-pipe as a [[birthday]] [[gift|present]] (''Ha-Karmel'', 1862, vol. ii., No. 20). Another poem characterizes the cigar and cigarette as "the two tails of these smoking [[firebrand]]s" (Isa. vii. 4; see "Ha-Bo?er Or," i. 123).”
==Postmodern ''halakha''==
Concerns about smoking and health may be observed in Jewish approaches based on ''[[halakha]]'', or Jewish law. For instance, when the link between smoking and health was still doubted, Rabbi [[Moses Feinstein]] wrote a responsum stating that smoking was permitted, but inadvisable. Rabbi Feinstein claimed that smoking was a low-level concern, and permitted under the rabbinical principle "[[The Lord protects the simple]]." More recently, rabbinic [[responsa]] tend to argue that smoking is prohibited, under Jewish law, as self-harm. Responsa to prohibit (or virtually prohibit) cigarette smoking have been issued by several [[Orthodox Judaism|Orthodox]] rabbis, including [[Waldenberg]], and [[Hayim David HaLevi]], [[Sephardi]] [[Chief Rabbi]] of [[Tel Aviv]]) from 1973. Smoking is specifically prohibited by [[Solomon Freehof]], other [[Reform Judaism|Reform]] rabbis, as well as rabbis in the [[Conservative Judaism|Conservative]] movement in the U.S. and Israel. {{Fact|date=July 2008}}
===Second-hand smoke===
The early modern responsa literature shows that Jewish students smoked in their ''[[Beth midrash|batei midrash]]'' — or study halls — and [[synagogue]]s. Some rabbis sought to outlaw smoking and the use of snuff in [[place of worship|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 [[Orthodox Judaism|Orthodox]] ''[[yeshivot]]'', rabbinic opinions have led to a major decrease in cigarette use in Israeli and (especially) [[United States|America]]n ''yeshivot''. {{Fact|date=July 2008}}
In tandem with [[secular]] campaigns to restrict indoor tobacco-smoking as harmful to non-smokers, Orthodox [[posek|rabbinical authorities]] began to make it virtually prohibited [[a priori]] to smoke in synagogues and study halls. Rabbi [[Moses Feinstein]] ruled against indoor smoking based on ''halakha'' covering nuisance and [[pollution]], while most other rabbis have based a similar ruling on the Halakha concerning health. In Israel, Jewish doctors and rabbis work collaboratively on anti-smoking efforts. {{Fact|date=July 2008}}
On June 30, 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. <ref>{{cite web |url=http://www.rabbis.org/pdfs/Prohibition_Smoking_Full_Translation.pdf |title=The Prohibition of Smoking in Halacha |accessdate= |last= |first= |coauthors= |date= |work= |publisher= }}</ref>
==References==
{{Reflist}}
== 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.
* [[Moses Feinstein|Feinstein, Moses]]. Sefer [[Igrot Moshe]]h.
* 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.
* [[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” [Hebrew] Beit Yitzkhak 20 (1988)
* [[Eliezer Waldenberg|Waldenberg, Eliezer]]. [[Tzitz Eliezer]]. See: Schussheim, Eli and Eliezer Waldenberg. “Should Jewish law forbid smoking?” B’Or ha’Torah 8 (1993)
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