גריי מאטר ג, נושאים רפואיים, האיסור לעשןGray Matter III, Medical Issues, The Prohibition to Smoke
א׳
1Anecdotal evidence strongly indicates that it has become accepted within some segments of the Orthodox community not to smoke. Indeed, most poskim have unequivocally stated that it is prohibited to smoke. These authorities include Rav David Cohen, Rav Aharon Lichtenstein, Rav Hershel Schachter, Rav Gedalia Schwartz, Rav Ahron Soloveitchik, Rav Mordechai Willig, and the Halacha Committee of the Rabbinical Council of America. Moreover, one of Rav Moshe Feinstein’s leading students, Rav Efraim Greenblatt, rules (Teshuvot Rivevot Efraim 8:586) that smoking is prohibited, as do three major Israeli halachic authorities: Rav Chaim David Halevi (Teshuvot Aseih Lecha Rav 2:1, 3:18, and 9:28-29), Rav Avigdor Nebenzahl (Assia 5:261), and Rav Eliezer Waldenberg (Teshuvot Tzitz Eliezer 15:39). Similarly, 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.” Even Rav Ovadia Yosef, who states in his earlier writings (such as Teshuvot Yechaveh Da’at 5:39, published in 1983) merely that it is preferable to refrain from smoking, has concluded that it is completely prohibited to smoke (Halichot Olam 1 pp. 265-266, published in 1998). Finally, Rav Moshe Feinstein (Teshuvot Igrot Moshe C.M. 2:76) writes that it is forbidden to begin the habit of smoking. Although Rav Moshe’s teshuvah explicitly forbids one to smoke only if he did not begin to do so before the ruling was issued, we shall endeavor to prove that, given current medical data, smoking is prohibited even according to Rav Moshe’s standards.
ב׳
2In this chapter, we shall examine in depth the rulings of these eminent poskim and seek to explain why smoking is unquestionably forbidden.
ג׳
3Smoking on Yom Tov
ד׳
4Poskim began to discuss the halachic propriety of smoking in the eighteenth century. At first, they did not discuss health concerns, as smoking was not, generally speaking, known at the time to pose any,1Dr. Fred Rosner (The Jounral of Halacha and Contemporary Society, Fall 1982 p. 33) points out that “Tobacco was first implicated as a cause of cancer in 1761,” but it is possible that this information was not widely known or accepted. but they did debate the permissibility of smoking on Yom Tov.
ה׳
5The Torah (Shemot 12:16) permits hav’arah (kindling a fire) on Yom Tov, but Chazal (see Bei’ur Halachah 502:1 s.v. Ein) forbade creating a new flame. Hence, when we light any fire on Yom Tov, we light it from a preexisting flame. Even on a Torah level, however, it is forbidden to burn incense on Yom Tov (Beitzah 22b and Shulchan Aruch O.C. 511:4), because Halachah does not permit any melachah (creative activity) that is not shaveh l’chol nefesh (customarily enjoyed by all). Burning incense is regarded as an exotic luxury and therefore is not a permissible form of hav’arah on Yom Tov.
ו׳
6Poskim in the eighteenth century began to debate whether smoking is considered shaveh l’chol nefesh. The Korban Netanel (Beitzah 2:10) forcefully argues that smoking is not shaveh l’chol nefesh, pointing out 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 universally enjoyed. The Chayei Adam (95:13) also prohibits smoking on Yom Tov. The Bei’ur Halachah (511:4 s.v. Ein Osin), on the other hand, presents many Acharonim2He makes reference to the Sha’arei Teshuvah (511:5), who quotes, among others, the Chacham Tzvi. This position also is espoused by the Pnei Yehoshua (Shabbat 39b s.v. Omnam), who, along with several other Acharonim, is cited approvingly by the Sha’arei Teshuvah (210:9). who permit it. These poskim, the Bei’ur Halachah explains, believe that “Now that many people are accustomed to this, it has become shaveh l’chol nefesh.”
ז׳
7Interestingly, the Sha’arei Teshuvah (511:5, cited in the Bei’ur Halachah) observes that some (outside of Israel) refrain from smoking on the first day of Yom Tov but smoke on the second day. This practice emerges from the Talmudic rule that one should be strict regarding a Torah matter and but may be lenient regarding a rabbinic matter. Since the observance of the second day of Yom Tov outside of Israel is only a rabbinic obligation, one may be lenient regarding an activity disputed by the poskim. The Aruch Hashulchan (O.C. 511:11) criticizes this practice, arguing that it 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, Shabbat 23a).
ח׳
8Smoking on Yom Tov Nowadays
ט׳
9Many in prior generations, as is well-known, followed the lenient opinion in practice. However, the dramatically lower percentage of people who smoke today, resulting from the great health risks that smoking entails, has prompted poskim to reexamine this matter. 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 refrains from smoking.” He cites (p. 108 footnote 3) the precedents of Rav Shlomo Zalman Auerbach (Teshuvot Minchat Shlomo 2:58:6) and Rav Yosef Shalom Eliashiv (quoted in Sefer Hazikaron Mevakshei Torah 1:264), who both rule that today it is forbidden to smoke on Yom Tov. Rav Zalman Nechemia Goldberg (in a responsum printed in Pe’eir Tachat Eifer p. 52) also agrees with this position.
י׳
10Additionally, Rav Moshe Shternbuch (Teshuvot V’hanhagot 1:316) argues that since we rely on doctors’ opinions in many serious areas of Halachah, such as the need for a sick individual to eat on Yom Kippur,3See our later chapter for more on this topic. we certainly should follow their advice to refrain from smoking, which is merely a recreational activity. Rav Shternbuch believes that the Acharonim who permitted smoking on Yom Tov would not have issued tolerant rulings in the current climate, in which it is accepted that smoking poses a grave health hazard.4Rav Shternbuch, in this context writes, “I testify about an eminent Torah scholar who smoked heavily and was struck, Heaven forfend, with lung cancer. A short time before his death, he gathered a minyan of people and proclaimed, ‘I recognize that I caused this sickness and that I am going to die because of my smoking, and I fear that I will be judged by Heaven with the punishment meted out to one who commits suicide, Heaven forfend. Therefore, I seek for my soul some rectification; I ask you to zealously avoid smoking, as it constitutes a very serious prohibition, and with this I hope that since I have thereby brought merit to the community, the Holy One, blessed be He, will ease my punishment’”
י״א
11Avoiding Danger Year-Round – V’nishmartem Me’od L’nafshoteichem
י״ב
12The question of whether smoking is prohibited not only on Yom Tov but at all times hinges upon the general halachic requirement that we refrain from dangerous and unhealthy activities. The source for this requirement is Devarim 4:15, where we are instructed, “V’nishmartem me’od l’nafshoteichem,” “You shall guard your souls exceedingly carefully.”5For a full discussion of this matter, see the essay written by Dr. Shalom Buchbinder and Dr. James DiPoce in The Journal of Halacha and Contemporary Society 42:70-99. The Rambam seems to divide this requirement into two different categories. He lists (Hilchot Dei’ot 4:1) certain foods and activities that, because they weaken the body, one needs (“tzarich”) to avoid, but also mentions (Hilchot Rotzeiach Ushmirat Nefesh 11:5) numerous dangerous activities that Chazal outright prohibited. The activities listed in Hilchot Rotzeiach Ushmirat Nefesh appear to be strictly forbidden, while those in Hilchot Dei’ot seem to be discouraged, but not technically forbidden. Rav Waldenberg (Teshuvot Tzitz Eliezer 15:39) understands that this is because the former are far more dangerous than the latter. Thus, while it is technically prohibited to drink from water in which a snake may have placed its venom, it is not outright prohibited to overindulge in fattening foods.
י״ג
13“Hashem Preserves the Fools”
י״ד
14Into which of these two categories should we place smoking? One way 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, positing that “Since the multitudes have trodden upon this matter, [the pasuk] ‘Hashem protects the foolish’ (Tehillim 116:6) [applies].” This Gemara teaches that Halachah has allowed reasonable members of society to define the parameters of the prohibition to engage in risky activities; Halachah permits activities that such people judge to involve a tolerable risk. Based on this standard, Teshuvot Chelkat Yaakov (3:11) writes that it is permissible to travel in an airplane or car even though there is some risk involved.6For further explanation of the concept of Hashem protecting the foolish, see Rav Shlomo Cohen-Duras’s discussion of hazardous sporting activities (Techumin 22:120-126) and our chapters about hazardous medical procedures and cosmetic surgery.
ט״ו
15Accordingly, if smoking is included within the “Hashem protects the fools” principle, it should be avoided, but cannot technically be categorized as prohibited. If it is not included within this principle, on the other hand, then it is unequivocally forbidden.
ט״ז
16When Does “Hashem Preserves the Fools” Apply?
י״ז
17Two great later Acharonim offer definitions of the parameters of the “Hashem preserves the fools” principle. Rav Chaim Ozer Grodzinsky (Teshuvot Achiezer 1:23) seems to believe that it applies only when the danger is minimal and results in disaster in only a small minority of cases. According to this standard, airplane travel is acceptable,7Rav Ahron Soloveitchik stated as much in a shiur he delivered at Yeshiva University in 1986. whereas cigarette smoking is forbidden, since it involves much more than minimal danger.
י״ח
18It seems, however, that Halachah tolerates greater risk-taking in case of great need. For example, the Gemara (Bava Metzia 112b) notes without criticism that people risk their lives working high up in trees to earn a living. Apparently, Chazal permit a person to risk his life in order to earn a living, even though such risks would not be tolerated if taken merely for recreation. Accordingly, Rav Yechezkel Landau (Teshuvot Noda Biy’hudah 2 Y.D. 10) permits hunting animals to earn a living but forbids recreational hunting.8This Gemara seems to permit entering professions that involve risk to life, such as coal mining and serving as a physician. Rav Moshe Feinstein (Teshuvot Igrot Moshe C.M. 1:104) and Rav Eliezer Waldenberg (Teshuvot Tzitz Eliezer 9:17:5:9) do not limit the Noda Biy’huda’s permissive ruling to a situation in which one does not have any other way to earn a livelihood. Similarly, since smoking is a recreational activity, Halachah is less tolerant of the risks involved.
י״ט
19Rav Yaakov Ettlinger (Teshuvot Binyan Tzion 1:137, written in the nineteenth century), in discussing the permissibility of embarking on a sea voyage or a trip across the desert, offers a different definition of “tolerable risk.” He distinguishes between an immediate danger and a long-term danger. Whereas an immediate danger is prohibited in all situations, a future danger may be risked if, in the majority of cases, it can reasonably be expected that no harm will result.
כ׳
20Rav Moshe’s Application of the Principle to Smoking
כ״א
21Rav Moshe Feinstein (Teshuvot Igrot Moshe C.M. 2:76, published in 1981) writes that smoking should be discouraged, like all other unhealthy habits, as the Rambam states in the fourth chapter of Hilchot Dei’ot (as we discussed above). However, smoking cannot technically be declared forbidden, since only a minority of smokers is afflicted with health problems as a result of the habit. In such circumstances, the “Hashem preserves the fools” principle applies. This argument appears to be in harmony with the Binyan Tzion’s criterion for forbidden dangerous activities.
כ״ב
22Rav Moshe’s lenient ruling seems no longer to apply, as current research indicates that a majority of smokers will suffer ill effects from this unhealthy habit. Rav J. David Bleich writes (Tradition 37:3:97) 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 Berman9Dr. Berman 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.10In its ruling, the Halacha Committee of the Rabbinical Council of America cites the British Medical Journal (June 22, 2004, available at www.bmj.com), which reports, based on a fifty-year study, that smokers die, on average, ten years younger than non-smokers, with between one half and two thirds of those who begin smoking during their youth dying from this habit.
כ״ג
23Moreover, Rav Bleich notes (ad. loc. p. 96) that the Gemara applies the “Hashem preserves the fools” principle only when the behavior is “trodden upon by the multitudes.” Although smoking was a path well-trodden by the multitudes when Rav Moshe wrote his original lenient responsum (Teshuvot Igrot Moshe Y.D. 2:49) in 1964, Rav Bleich contends “It is more than likely that, at present, that condition no longer obtains.” In its ruling, the Halacha Committee of the Rabbinical Council of America reports that only about twenty-five percent of Americans currently smoke.11The Committee also reports that studies show that in the early-mid 1960s, over fifty percent of adult males were smokers.
כ״ד
24This contrasts sharply with what Rav Bleich wrote in an earlier issue of Tradition (16:4:122-123): “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.…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.” The contrast between Rav Bleich’s writings in 1977 and 2003 demonstrates that the reality and available information have changed dramatically between these years, and thus Rav Moshe’s responsum from 1981 probably does not reflect the scientific evidence presently available.
כ״ה
25Furthermore, 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. Smoking is outlawed even in bars, despite the fact that imbibing considerable quantities of alcohol is tolerated. Clearly, Rav Moshe’s somewhat lenient ruling about smoking is no longer in effect, as medical information and societal standards have changed.
כ״ו
26Rav Moshe Feinstein’s Prohibition to Begin Smoking After 1981
כ״ז
27Although Rav Moshe did not prohibit smoking entirely, even he agrees that it is forbidden to smoke if one did not begin the habit before 1981.12Rav Moshe presumably would require one who began smoking after the time of his ruling to quit. He explains that it is forbidden to habituate oneself to and develop a desire for frivolous worldly pleasures. Rav Moshe also discusses this idea in another responsum (Teshuvot Igrot Moshe Y.D. 3:35), in which he rules that it is forbidden to smoke marijuana or use any other illegal drug. His source is the concept of the ben soreir u’moreh (see Devarim 21:18-21), a rebellious son who is punished for developing frivolous worldly desires (see Sanhedrin 68b).
כ״ח
28Other Arguments Against Smoking
כ״ט
29Many poskim advance even stronger rationales to proscribe smoking. “Who would lie down in the middle of the street,” Rav Greenblatt argues, “and claim ‘Hashem protects the fools?!’ Certainly, smoking is just such a suicidal act and is absolutely prohibited. Smoking is definitely forbidden and there is no halachic justification for it….I have spoken to gedolim and poskim who agree with my conclusion.” Rav Chaim David Halevi (Teshuvot Aseih Lecha Rav 3:18) similarly labels smoking as “slow suicide.” Additionally, Rav Avigdor Nebenzahl argues (Assia 5:261) that we cannot apply the “Hashem protects the fools” principle when we clearly witness that it is not Hashem’s will to protect those who indulge in the activity in question.
ל׳
30Even the Chafetz Chaim, argues Rav Eliezer Waldenberg (Teshuvot Tzitz Eliezer 15:39), would agree, despite having permitted smoking on Yom Tov, 13The Chafetz Chaim is also the author of the Mishnah Berurah, whom we cited above as permitting smoking on Yom Tov. that under today’s circumstances smoking is prohibited. Rav Waldenberg cites the Chafetz Chaim’s assertion (Likutei Amarim chapter 13 and Zechor L’miriam chapter 23) that it is forbidden for “weak individuals” to smoke given that doctors have concluded that smoking further weakens and endangers those who are already weak. The logical conclusion from the Chafetz Chaim’s assertion is that he would require everyone to adhere to contemporary doctors’ warnings to refrain from smoking, since doctors currently believe that smoking endangers even those who have a strong constitution. 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 has begun to smoke should make every effort to wean himself from this bad habit.
ל״א
31The Importance of Avoiding Forbidden Risks
ל״ב
32Halachah regards taking forbidden risks very seriously. The Shulchan Aruch (C.M. 427:10) writes that whoever endangers himself and claims, “Why should others care about my endangering myself if I do not care about it?” should receive makkat mardut (disciplinary lashes) – but whoever refrains from dangerous activities will receive “a blessing of good.” The Torah does not believe that one can do as he pleases with his body; rather, as we state in Selichot, “Haneshamah lach v’haguf pa’olach,” “The soul is Your’s (Hashem’s) and the body is Your handiwork.” In several places in the liturgy, we quote chapter 24 of Tehillim, which begins with the declaration that the entire world belongs to Hashem because He created it. In this vein, 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?”
ל״ג
33The Be’ier HaGolah, commenting on the aforementioned citation from the Shulchan Aruch, offers an explanation for why Halachah forbids us to engage in dangerous activities. Hashem, in His kindness, created the world to benefit His creations – for them to recognize His greatness, worship Him by observing Torah and mitzvot, and earn reward 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. There can be no greater denigration of and disregard for our Maker than this.
ל״ד
34The Chillul Hashem Argument
ל״ה
35Rav Chaim David Halevi (Teshuvot Aseih Lecha Rav 3:18) advances another argument to forbid smoking. He writes:
ל״ו
36In 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?
ל״ז
37In a number of places, the Torah presents us with the mission of serving as a role model for other nations.14See 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). Chazal regard a chillul Hashem as such a major infraction (see, for example, Yoma 86a) because setting a positive example for others is at the core of the mission of the Jewish people.
ל״ח
38Accordingly, the sight of an observant Jew smoking in our time constitutes a chillul Hashem, and it certainly does not create the impression of “a knowledgable and wise nation” (Devarim 4:6).
ל״ט
39Why Do Some Pious Jews Smoke?
מ׳
40When smokers are informed that so many great rabbis rule that smoking is forbidden, they inevitably ask why some pious Jews smoke. A response is that this reality is changing, as, in addition to those cited earlier, many poskim (for example, the Debrecziner Rav, Teshuvot Be’eir Moshe 6:160:9) have either declared smoking to be prohibited or have stated (in 2000) in a joint letter that one is obligated to make all efforts to stop smoking. The gedolim who have signed this letter include Rav Yosef Shalom Eliashiv,15Note the dramatic change from what Rav Eliashiv wrote in 1981 in a teshuvah that is printed in Kovetz Teshuvot 1:219. Rav Aharon Yehudah Leib Shteinman, Rav Nissim Karelitz, and Rav Shmuel Auerbach. Rav Shlomo Wolbe (in a letter dated 1987), in an impassioned plea to cease smoking, stresses the point that each cigarette that one smokes reduces one’s life expectancy by five minutes. The Jewish Observer (November 2007) even published an article strongly discouraging smoking, citing at some length the ruling of the Halacha Committee of the Rabbincal Council of America.16Rav Gidon Weitzman reports that Rav Dr. Mordechai Halperin stated (at a conference held by the Puah Institute of Jerusalem) that Rav Shlomo Zalman Auerbach ruled that one who smokes violates the Torah obligation to guard his health (“V’nishmartem me’od l’nafshoteichem”) and is pasul l’eidut (disqualified from giving testimony). Disqualifying a smoker from giving testimony appears difficult in light of Shulchan Aruch C.M. 34:3 and Teshuvot Rav Akiva Eiger 96.
מ״א
41Is Oness an Excuse?17I acknowledge Rav Asher Bush’s assistance in developing this approach.
מ״ב
42Many 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, Halachah excuses one from sins committed under duress (see Devarim 22:26 and Ketubot 3a). This defense does not apply here, however, as smokers were not forced to begin smoking. The Chafetz Chaim (Likutei Amarim chapter 13 and Zechor L’miriam chapter 23) chides smokers who seek to excuse their behavior on the grounds that it is difficult to stop smoking, arguing that they had no right to start. As proof to his assertion, the Chafetz Chaim cites the Gemara (Bava Kama 92) that states that one is not permitted to harm himself.
מ״ג
43In addition, Halachah forbids one to voluntarily put himself into a situation that likely will require him to violate Halachah later. For example, the Ba’al Hama’or (Shabbat 7a in the pages of the Rif) writes that one is forbidden to deliberately put himself into a situation that will necessitate desecrating Shabbat to save a life. Based on the Ba’al Hama’or’s assertion, Rav Moshe Feinstein forbids choosing to undergo elective surgery three days before Shabbat.18See Gray Matter 2 p. 22. 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 confession we make on the Yom Kippur about sins committed b’oness (under duress) refers, according to Siddur Hagra, to cases where we willingly put ourselves into situations in which we were then coerced to sin.19For further discussion of the prohibition to willingly enter a situation in which 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).
מ״ד
44In the context of the Halachot of gittin (Shulchan Aruch E.H. 134:4; see Pitchei Teshuvah E.H. 50:8), the Rama rules that a husband who gives his wife a get based on an earlier commitment is not considered coerced. Even though the husband currently does not consent to give the get and is giving it only because of his earlier voluntary agreement, the Rama regards the transfer of the get as voluntary. The Taz (134:6) explains, “There is no coercion, since he voluntarily entered into this agreement.” Accordingly, we see that one cannot claim that he is coerced to smoke, since he initially chose to begin smoking. This is especially true in light of the many medicines and therapies that have helped numerous smokers quit their deadly habit.
מ״ה
45A Father’s Request to Purchase Cigarettes
מ״ו
46Rav 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, Halachah 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 Halachah (Bava Metzia 32a).
מ״ז
47The Beit Lechem Yehudah (commenting on Shulchan Aruch Y.D. 240:15) and Aruch Hashulchan (Y.D. 240:41) address a similar situation. Doctors ordered someone not to drink water or eat a certain food. This individual subsequently asked his son to bring him water and the specified food, and he threatened that he would not forgive his son either in this world or in the next if he failed to obey. The Beit Lechem Yehudah and Aruch Hashulchan rule (based on Bava Metzia 32a) that the son is not obligated to obey his father’s command. Rav Halevi explains that bringing very unhealthy food to someone to eat would violate the prohibition of assisting another to sin (“Lifnei iveir lo titein michshol” [Vayikra 19:14]). Rav Halevi argues that it follows from this ruling that one should not give his father cigarettes if he requests them. Rather, he should politely and gently explain to his father (in accordance with Shulchan Aruch Y.D. 240:11) that smoking is very dangerous and that the Torah obligates us to preserve our bodies.
מ״ח
48Criticizing the Practices of Earlier Generations
מ״ט
49In general, Halachah frowns upon calling into question the halachic practices of earlier generations (motzi la’az, see Gittin 5b). In this vein, Rav Moshe Feinstein (Teshuvot Igrot Moshe Y.D. 2:49) writes that we cannot declare smoking to be technically forbidden, since great Torah scholars of previous generations smoked.
נ׳
50There are a number of potential responses to this argument. First, the Pitchei Teshuvah (E.H. 125:12) cites opinions that limit the cases in which one should not be motzi la’az on the practices of earlier generations. One suggestion is that this rule applies only to attempting to introduce a mere stringency (chumrah b’alma), not to establishing a behavior as technically forbidden. Another opinion believes that this principle applies only to particularly sensitive matters of ishut (family law), such as calling into question the validity of gittin executed by prior generations. According to these two approaches, considerations of hotza’at la’az on the practices of the past do not impede contemporary Poskim from issuing a stringent ruling regarding smoking.
נ״א
51Furthermore, 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. Similarly, we are not being motzi la’az on Rav Moshe’s rulings, since he was basing himself on data that were current when he wrote his responsa but are no longer up to date.
נ״ב
52Conclusion
נ״ג
53The comments of the Rama (Shulchan Aruch Y.D. 116:5) should dispel any doubts that smoking is prohibited. He 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.”20In fact, avoiding possible danger allows for violation of definite prohibitions. See Gray Matter 2 pp. 3-18 for a discussion of this rule as it pertains to the laws of Shabbat. The fact that many prominent poskim have issued rulings forbidding smoking raises the activity at the very least to the level of being possibly forbidden. Thus, smoking is forbidden even if one is uncertain whether it should be technically forbidden or not.
נ״ד
54We can discern three stages in the development of the attitude of contemporary poskim towards smoking. In 1976, Rav Chaim David Halevi became the first major poseik to state publicly that smoking is forbidden, and Rav Hershel Schachter21Rav Schachter’s position is reported by Rav Asher Bush. did likewise at around the same time. Rav Eliezer Waldenberg followed suit in the early 1980s. The third stage came in the late 1990s and early 2000s, when Rav Ovadia Yosef, who previously had believed that it is not technically forbidden to smoke, concluded that it is forbidden to smoke based on changing societal behavior and medical data. Accordingly, at this point we may safely affirm that the age in which smoking was possibly permissible has passed, and that it is now forbidden. Indeed, the Halacha Committee of the Rabbinical Council of America ruled (June 30, 2006): “…that smoking is clearly and unquestionably forbidden by Halachah and that this should be made known to all who care about the Torah and their health.”
נ״ה
55Parents and educators must impart to their children and students the unequivocal message that smoking is forbidden according to Halachah. There are sufficient major rabbinic figures who have issued stringent rulings to resolve any uncertainty about this issue.
נ״ו
56Hashem 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 it would be for a person to smoke 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.