Jewish law and history on smoking
Encyclopedia
This article addresses the history of, and Halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

(Jewish
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...

 legal-literature) that applies to, tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...

 and cigarette
Cigarette
A cigarette is a small roll of finely cut tobacco leaves wrapped in a cylinder of thin paper for smoking. The cigarette is ignited at one end and allowed to smoulder; its smoke is inhaled from the other end, which is held in or to the mouth and in some cases a cigarette holder may be used as well...

 smoking
Tobacco smoking
Tobacco smoking is the practice where tobacco is burned and the resulting smoke is inhaled. The practice may have begun as early as 5000–3000 BCE. Tobacco was introduced to Eurasia in the late 16th century where it followed common trade routes...

 by Jews 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., "second-hand smoke"
    Passive smoking
    Passive smoking is the inhalation of smoke, called secondhand smoke or environmental tobacco smoke , from tobacco products used by others. It occurs when tobacco smoke permeates any environment, causing its inhalation by people within that environment. Exposure to secondhand tobacco smoke causes...

    ).

Historical background

Until the late 20th century, “the use of tobacco for smoking and in the form of snuff
Snuff
Snuff is a product made from ground or pulverised tobacco leaves. It is an example of smokeless tobacco. It originated in the Americas and was in common use in Europe by the 17th century...

 was common among Jews. It is asserted that a Jew named Luis de Torres
Luis de Torres
Luis de Torres , perhaps born as יוסף בן הלוי העברי, Yosef Ben Ha Levy Haivri, was Christopher Columbus's interpreter on his first voyage and the first person of Jewish origin to settle in America....

, who accompanied Christopher Columbus
Christopher Columbus
Christopher Columbus was an explorer, colonizer, and navigator, born in the Republic of Genoa, in northwestern Italy. Under the auspices of the Catholic Monarchs of Spain, he completed four voyages across the Atlantic Ocean that led to general European awareness of the American continents in the...

 on his expedition in 1492, settled in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...

, 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
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...

s, who characterized tobacco smoking as "offering incense
Incense
Incense is composed of aromatic biotic materials, which release fragrant smoke when burned. The term "incense" refers to the substance itself, rather than to the odor that it produces. It is used in religious ceremonies, ritual purification, aromatherapy, meditation, for creating a mood, and for...

 to Satan
Satan
Satan , "the opposer", is the title of various entities, both human and divine, who challenge the faith of humans in the Hebrew Bible...

." (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 Sabbath
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...

, chagim (Jewish holy
Sacred
Holiness, or sanctity, is in general the state of being holy or sacred...

 days), fast
Fasting
Fasting is primarily the act of willingly abstaining from some or all food, drink, or both, for a period of time. An absolute fast is normally defined as abstinence from all food and liquid for a defined period, usually a single day , or several days. Other fasts may be only partially restrictive,...

-days, and whether a special "smoking" berakhah
Berakhah
In Judaism, a berakhah, bracha, brokhe is a blessing, usually recited at a specific moment during a ceremony or other activity. The function of a berakhah is to acknowledge God as the source of all blessing...

 (blessing
Blessing
A blessing, is the infusion of something with holiness, spiritual redemption, divine will, or one's hope or approval.- Etymology and Germanic paganism :...

) 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 Magen Avraham ("Shield of Abraham") of Avraham Gombiner
Avraham Gombiner
Abraham Abele Gombiner , known as the Magen Avraham, born in Gąbin , Poland, was a rabbi, Talmudist and a leading religious authority in the Jewish community of Kalish, Poland during the seventeenth century. His full name is Avraham Avli ben Chaim HaLevi from the town of Gombin...

 (1635–83). Gombiner refers to the "drinking of tabak [tobacco] through a pipe by drawing the smoke into the mouth and discharging it," and says that a smoker should first make a blessing
Blessing
A blessing, is the infusion of something with holiness, spiritual redemption, divine will, or one's hope or approval.- Etymology and Germanic paganism :...

 over smoking as a type of refreshment. Believing that tobacco was soaked in beer
Beer
Beer is the world's most widely consumed andprobably oldest alcoholic beverage; it is the third most popular drink overall, after water and tea. It is produced by the brewing and fermentation of sugars, mainly derived from malted cereal grains, most commonly malted barley and malted wheat...

 — a source of chametz
Chametz
Chametz, also Chometz, and other spellings transliterated from , are leavened foods that are forbidden on the Jewish holiday of Passover. According to Jewish law, Jews may not own, eat or benefit from chametz during Passover...

, or leaven — he ban
Ban (law)
A ban is, generally, any decree that prohibits something.Bans are formed for the prohibition of activities within a certain political territory. Some see this as a negative act and others see it as maintaining the "status quo"...

s smoking during Passover
Passover
Passover is a Jewish holiday and festival. It commemorates the story of the Exodus, in which the ancient Israelites were freed from slavery in Egypt...

. (ib. 343). Benveniste expresses himself very forcibly against smoking tutun (tobacco) on the Ninth of Av, and 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
Food
Food is any substance consumed to provide nutritional support for the body. It is usually of plant or animal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals...

. In Benveniste's opinion, smoking should be prohibited on holy days; he quotes Rabbi Joseph Escapa
Joseph Escapa
Joseph Escapa served in the rabbinate of İzmir. He was probably born at Skopje, European Turkey, after which place he is named....

 as coinciding in this view, though he thought it unwise to enforce a generally accepted law.” (Source: JE)

Writing in Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...

, an Islamic country, Benveniste further argues that smoking is Chillul Hashem
Chillul Hashem
Desecration of the Name meaning desecration of the names of God in Judaism, is a term used in Judaism particularly for any act or behavior that casts shame or brings disrepute to belief in God, any aspect of the Torah's teachings, Jewish law, or the Jewish community.-Hebrew Bible:The source for...

(a defamation of God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....

), because Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...

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 hookas there. Rabbinic
Rabbinic literature
Rabbinic literature, in its broadest sense, can mean the entire spectrum of rabbinic writings throughout Jewish history. However, the term often refers specifically to literature from the Talmudic era, as opposed to medieval and modern rabbinic writing, and thus corresponds with the Hebrew term...

 authorities banned this practise on the grounds that Gentile
Gentile
The term Gentile refers to non-Israelite peoples or nations in English translations of the Bible....

s would consider Judaism
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...

 as ridiculous (Alkalai, "Zekor le-Abraham," i. 142-143, Salonica, 1798). (Source: JE)

Rabbi Yisrael Meir Kagan
Yisrael Meir Kagan
Yisrael Meir Poupko , known popularly as The Chofetz Chaim, was an influential Eastern European rabbi, Halakhist, posek, and ethicist whose works continue to be widely influential in Jewish life...

 (1838–1933), known as the Chofetz Chaim
Chofetz Chaim
"The Chofetz Chaim" is a book on the Jewish laws of speech written by Rabbi Yisrael Meir Kagan....

("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
Eliezer Waldenberg
Eliezer Yehuda Waldenberg was known as the Tzitz Eliezer after his monumental halachic treatise Tzitz Eliezer that covers a wide breadth of halacha, including Jewish medical ethics, as well as ritual halachic issues from Shabbat to kashrut...

).

Specific aspects of smoking

Early modern Jewish law also addresses the Turkish narghile
Hookah
A hookah A hookah(Gujarati હૂકાહ) A hookah(Gujarati હૂકાહ) (Hindustani: हुक़्क़ा (Devanagari, (Nastaleeq) huqqah) also known as a waterpipe or narghile, is a single or multi-stemmed (often glass-based) instrument for smoking in which the smoke is cooled by water. The tobacco smoked is referred to...

, or water pipe
Water pipe
Water pipes are pipes or tubes, frequently made of polyvinyl chloride , ductile iron, steel, cast iron, polypropylene, polyethylene, or copper, that carry pressurized and treated fresh water to buildings , as well as inside the building.-History:For many centuries, lead was the favoured material...

, 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
Talmudic law
Talmudic Law Is the law that is derived from the Talmud based on the teachings of the Talmudic Sages.* See Talmud or Talmudical Hermeneutics for more information....

. (Source: JE)

Unlike smoking, the use snuff
Snuff
Snuff is a product made from ground or pulverised tobacco leaves. It is an example of smokeless tobacco. It originated in the Americas and was in common use in Europe by the 17th century...

 was allowed on the Sabbath, holy days, fast-days, and Yom Kippur
Yom Kippur
Yom Kippur , also known as Day of Atonement, is the holiest and most solemn day of the year for the Jews. Its central themes are atonement and repentance. Jews traditionally observe this holy day with a 25-hour period of fasting and intensive prayer, often spending most of the day in synagogue...

 (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
Catarrh
Catarrh is a disorder of inflammation of the mucous membranes in one of the airways or cavities of the body. It can result in a thick exudate of mucus and white blood cells caused by the swelling of the mucous membranes in the head in response to an infection...

; 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).

The JE also cites Hebrew poetry
Poetry
Poetry is a form of literary art in which language is used for its aesthetic and evocative qualities in addition to, or in lieu of, its apparent meaning...

 on tobacco: “Solomon Wilder of Amsterdam composed one in acceptance of a tobacco-pipe as a birthday
Birthday
A birthday is a day or anniversary where a person celebrates his or her date of birth. Birthdays are celebrated in numerous cultures, often with a gift, party or rite of passage. Although the major religions celebrate the birth of their founders , Christmas – which is celebrated widely by...

 present
Gift
A gift or a present is the transfer of something without the expectation of receiving something in return. Although gift-giving might involve an expectation of reciprocity, a gift is meant to be free. In many human societies, the act of mutually exchanging money, goods, etc. may contribute to...

 (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).”

Postmodern halakha

Concerns about smoking and health may be observed in Jewish approaches based on halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

, or Jewish law. For instance, when the link between smoking and health was still doubted, Rabbi Moses Feinstein wrote a responsum stating was permitted, but inadvisable. Rabbi Feinstein wrote that since the risk of illness due to smoking is very 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
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:...

." However he went on to state that starting to smoke would be prohibited because of the transgretion of v'lo sasuru. Being that Rabbi Feinstein wrote that the basis of his permiting smoking is the distant risk involved, it has been argued that his ruling is definitely no longer aplicable. Rabbi Aaron Kotler had ruled that smoking is a biblical transgression.. Rabinical rulings that More recently, rabbinic responsa
Responsa
Responsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them.-In the Roman Empire:Roman law recognised responsa prudentium, i.e...

 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
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...

 rabbis, including Waldenberg, and Hayim David HaLevi
Hayim David HaLevi
Rabbi Hayim David HaLevi , also written Haim David ha-Levi, etc. ,was Sephardi Chief Rabbi of Tel Aviv-Jaffa. He was born in Jerusalem and studied under Rabbi Ben-Zion Meir Hai Uziel at the Porat Yosef Yeshiva. When R. Uziel was appointed Sephardi Chief Rabbi of Israel, he hired R...

, Sephardi Chief Rabbi
Chief Rabbi
Chief Rabbi is a title given in several countries to the recognized religious leader of that country's Jewish community, or to a rabbinic leader appointed by the local secular authorities...

 of Tel Aviv
Tel Aviv
Tel Aviv , officially Tel Aviv-Yafo , is the second most populous city in Israel, with a population of 404,400 on a land area of . The city is located on the Israeli Mediterranean coastline in west-central Israel. It is the largest and most populous city in the metropolitan area of Gush Dan, with...

) from 1973. Smoking is specifically prohibited by Solomon Freehof
Solomon Freehof
Solomon Bennett Freehof was a prominent Reform rabbi, posek, and scholar. Rabbi Freehof served as president of the Central Conference of American Rabbis and the World Union for Progressive Judaism. Beginning in 1955, he led the CCAR's work on Jewish law through its responsa committee...

, other Reform
Reform Judaism
Reform Judaism refers to various beliefs, practices and organizations associated with the Reform Jewish movement in North America, the United Kingdom and elsewhere. In general, it maintains that Judaism and Jewish traditions should be modernized and should be compatible with participation in the...

 rabbis, as well as rabbis in the Conservative
Conservative Judaism
Conservative Judaism is a modern stream of Judaism that arose out of intellectual currents in Germany in the mid-19th century and took institutional form in the United States in the early 1900s.Conservative Judaism has its roots in the school of thought known as Positive-Historical Judaism,...

 movement in the U.S. and Israel.

Second-hand smoke

The early modern responsa literature shows that Jewish students smoked in their batei midrash
Beth midrash
Beth Midrash refers to a study hall, whether in a synagogue, yeshiva, kollel, or other building. It is distinct from a synagogue, although many synagogues are also used as batei midrash and vice versa....

— or study halls — and synagogue
Synagogue
A synagogue is a Jewish house of prayer. This use of the Greek term synagogue originates in the Septuagint where it sometimes translates the Hebrew word for assembly, kahal...

s. Some rabbis sought to outlaw smoking and the use of snuff in places of worship
Place of worship
A place of worship or house of worship is an establishment or her location where a group of people comes to perform acts of religious study, honor, or devotion. The form and function of religious architecture has evolved over thousands of years for both changing beliefs and architectural style...

 (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
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...

 yeshivot, rabbinic opinions have led to a major decrease in cigarette use in Israeli and (especially) America
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

n yeshivot.

In tandem with secular campaigns to restrict indoor tobacco-smoking as harmful to non-smokers, Orthodox rabbinical authorities
Posek
Posek is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists....

 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
Pollution
Pollution is the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light...

, 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.

On June 30, 2006, the Vaad
Vaad
Vaad is a Hebrew term for a council of rabbis. It is a diasporic phenomenon, having no precedent in Talmudic times. A Vaad has different responsibilities from a beth din .-Historical:Older examples include the Council of Four Lands....

 Halacha
(Jewish law committee), sponsored by the Rabbinical Council of America
Rabbinical Council of America
The Rabbinical Council of America is one of the world's largest organizations of Orthodox rabbis; it is affiliated with The Union of Orthodox Jewish Congregations of America, more commonly known as the Orthodox Union, or OU...

 ruled that the use of tobacco is forbidden to Jews, and the committee specifically cited and reversed precedents that permitted smoking.

Current-day Haredi rabbis

Famous Ashkenazi Haredi
Haredi Judaism
Haredi or Charedi/Chareidi Judaism is the most conservative form of Orthodox Judaism, often referred to as ultra-Orthodox. A follower of Haredi Judaism is called a Haredi ....

 rabbis have called on people not to smoke and called smoking an 'evil habit.' These rabbis include Rabbi Yosef Sholom Eliashiv
Yosef Sholom Eliashiv
Yosef Shalom Elyashiv is a Haredi rabbi and posek who lives in Jerusalem, Israel.At the age of , Elyashiv is active and remains the paramount leader of both Israel and the Diaspora Lithuanian-Haredi community, and many Ashkenazi Jews regard him as the posek ha-dor, the contemporary leading...

, Rabbi Aharon Leib Shteinman, Rabbi Moshe Shmuel Shapiro, Rabbi Michel Yehuda Lefkowitz
Michel Yehuda Lefkowitz
Michel Yehuda Lefkowitz 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 Yeshivas Ponovezh L’Tzeirim from 1954 to 2009, raising thousands of students...

, Rabbi Nissim Karelitz
Nissim Karelitz
Rabbi Nissim Karelitz is the chairman of the beis din tzedek of Bnei Brak.He is one of the most highly respected Orthodox rabbis in the world and one of the most important leaders of the Lithuanian Haredi world, together with Rabbi Yosef Sholom Eliashiv and Rabbi Shmuel Halevi Wosner.His beis din ...

, and Rabbi Shmuel Auerbach
Shmuel Auerbach
Shmuel Auerbach is a prominent Haredi rabbi in Jerusalem, Israel. He is regarded as one of the leading non-Hasidic Lithuanian poskim for Haredi Ashkenazi Jews living in Israel, whose views and declarations are regarded as authoritative...

. Rabbi Shmuel HaLevi Wosner
Shmuel Wosner
Rabbi Shmuel Wosner is a Haredi rabbi and posek living in Bnei Brak, Israel....

 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 Tzedaka called on youth not to start smoking.

Other major Ashkenazi rabbis who explicitly forbade smoking include Rabbi Eliezer Waldenberg
Eliezer Waldenberg
Eliezer Yehuda Waldenberg was known as the Tzitz Eliezer after his monumental halachic treatise Tzitz Eliezer that covers a wide breadth of halacha, including Jewish medical ethics, as well as ritual halachic issues from Shabbat to kashrut...

, Rabbi Moshe Stern, and Rabbi Chaim Pinchas Sheinberg.
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