Judaism and Smoking

From the United Synagogue Review, Spring 1997

Editor's Note: This past November, The United Synagogue and the Rabbinical Assembly produced a "Resolution Implementation Packet" to help Conservative synagogues implement resolutions on smoking passed by the various arms of the Movement. These resolutions call for a Movement-wide effort to help congregants stop smoking, to prevent children from starting to smoke, and to promote public policies aimed at reducing tobacco use. Below, we present excerpts from that document. The full packet was prepared by David Rosen, a rabbinical student at the Jewish Theological Seminary, and edited by Sarrae G. Crane, Director of the USCJ/RA Joint Commission on Social Action and Public Policy.

Tobacco use is the leading cause of preventable deaths in North America. More people on this continent die from tobacco-related causes each year than from alcohol, cocaine, crack, heroin, homicide, suicide, car accidents and AIDS combined. If there is something within our power to do to stop or reduce these deaths, we are obligated as Jews to do it. By making a serious effort to educate effectively about the dangers of smoking -- especially among children -- and to help people who smoke to break their habit, we fulfill the Torah's central mandate to "choose life."

There is much we can do. Most synagogues have already declared their buildings to be smoke-free. Fewer actively educate congregants and religious school students about the dangers of smoking. Fewer still offer smoking cessation classes through the synagogue. These activities are easily implemented, and their long-term payoff is immeasurable: Illnesses are prevented and lives are saved. This may be the most important Jewish programming your synagogue initiates this year.The following are excerpts from a chuvah written by Rabbi David Golinkin, Associate Professor of Halakhah at the Seminary of Judaic Studies of the Masorti (Conservative) Movement in Jerusalem, where he chairs the Va'ad Halakhah (Law Committee) of the Rabbinical Assembly of Israel. The piece first appeared in Moment magazine, Vol. 16, No. 5 (October 1991). It is reprinted here with permission.

Jewish Tradition on Smoking, by Rabbi David Golinkin

Question: In light of dozens of scientific studies proving the dangers of smoking, is smoking prohibited by Jewish law? And, if so, why is smoking so prevalent in the ultra-Orthodox community, which is so scrupulous about observing halakhah?

Answer: Since the Surgeon General's report first established the dangers of cigarette smoking in 1964, more than 40 responsa have been written on this subject. The majority, whether Orthodox, Conservative or Reform, have ruled that cigarette smoking is prohibited by Jewish law, giving at least thirteen reasons for this conclusion. Six of the most cogent reasons are:

Maimonides' Mishneh Torah contains a list of activities to be avoided for reasons of health (Deot, ch. 4). The introduction states: "Seeing that keeping the body healthy and whole is the way of God, for it is impossible to understand or know anything about the Creator if one is sick, therefore a person must distance himself from things that destroy the body, and accustom himself to things which heal the body." Smoking is an activity "which destroys the body" and is therefore forbidden by Maimonides.
In Deuteronomy (4:9,15) God tells the Jewish people: "Take utmost care and watch yourself scrupulously." The Talmud (Berakhot 32b) derives from these verses that a person must scrupulously guard his physical health. This ruling was codified by Maimonides (Rotzeah 11:4) and the Shulhan Arukh (Hoshen Mishpat 427:8). Thus, whoever smokes transgresses the commandment to "watch yourself scrupulously."
In addition to the general principle cited above, many specific activities were forbidden by the rabbis because they endanger human life, among them drinking water from an uncovered barrel lest a snake has poisoned the water with its venom (Mishnah Terumot 8:4-5) and putting coins in one's mouth lest they transmit dangerous bacteria (Yerushalmi ibid 8:3). Maimonides and the Shulhan Arukh, who codified these prohibitions, emphasize that they are merely examples and not an exhaustive list (Rotzeah 12:6; Hoshen Mishpat 427:10; Yoreh Deah 116:5). Thus, smoking is included in the list of things forbidden by our sages because they endanger human life.
According to the Mishnah (Bava Kamma 8:6), a person is not permitted to injure himself, a principle codified by the standard codes of Jewish law (Maimonides, Hovel Umazik 5:1; Shulhan Arukh, Hoshen Mishpat 420:13). Smoking is a form of self-inflicted injury and is therefore prohibited by Jewish law.
The Talmud rules: Hamira sakanta me-issura, or "Regulations concerning danger to life are more stringent than ritual Prohibitions" (Hullin 10a). In other words, in case of a doubtful transgression of ritual law, rabbis rule in the direction of leniency, but if there is a possibility of one of the physical dangers listed above, a more stringent rule results. Therefore, even if one claims that cigarette smoking is not necessarily dangerous, since not all smokers die of cancer, it would still be forbidden on the grounds of doubtful danger.
Lastly, some smokers claim that they have faith that God will protect them from the dangers of smoking. But the Talmud has already ruled on numerous occasions that one may not consciously place oneself in a dangerous situation because "one does not rely on miracles." This principle has also been codified in the Shulhan Arukh (Yoreh Deah 116:5). Thus, a smoker may not rely on miracles and is required to stop smoking.

If smoking is so clearly prohibited by Jewish law, why is it so prevalent in ultra-Orthodox circles? A number of ultra-Orthodox poskim (rabbinic authorities), while admitting that smoking is not a good idea or discouraging the practice, have consistently refused to prohibit smoking. The most prominent one was Rabbi Moses Feinstein (1895-1985), who wrote five responsa on the subject. Ordinarily, the Talmud discourages one from disagreeing with a prominent rabbi after his death, since he cannot defend himself (Gittin 83b), but smoking is no ordinary issue. It is an issue of pikuah nefesh, or the saving of a life, which takes precedence over almost all of the mitzvot (commandments) in the Torah (Sanhedrin 74a). Furthermore, it is essential to refute his approach because he has had a greater influence on the ultra-Orthodox community than any other halakhic authority...

Rabbi Feinstein seems totally unaware of the scientific facts about the dangers of smoking. Even in his 1981 responsum, he compares smoking to "many types of food which people enjoy very much like fatty foods and very strong foods." On the other hand, halakhic authorities who studied the scientific evidence ruled that smoking is absolutely forbidden by Jewish law.

The Talmud says that it is dangerous to circumcise a child or let blood on a cloudy day or on a day when the south wind blows, but since many have trodden on that path (and not been harmed), "God protects the simple" (Yevamot 72a) . Rabbi Feinstein and others extend this principle to the case of smoking. Since many have smoked and not died "God protects the simple." This analogy, questionable at best, may apply when the public is simple and unaware of the dangers involved, but today every smoker has been warned innumerable times of the dangers of smoking and yet ignores the warnings, Therefore, the smoker is consciously placing himself or herself in danger, which is clearly forbidden...

Many people assume that Rabbi Feinstein and others refused to prohibit smoking because of the Talmudic principle, "one should not impose a restriction on the community unless a majority can abide by it" (Bava Kamma 79b). In other words, we cannot prohibit smoking because many smokers will not be able to abide by our decision. However, none of the responsa on smoking invoke this principle. Second, most people are non-smokers, so the majority can easily abide by this decision. Finally, the principle is irrelevant because, as we have seen, this is not a new restriction. Smoking is already forbidden by the existing halakhah, and there is no need for any new restriction.

Synagogue Programming

Synagogue policies can send a strong message of concern about the issue of smoking to all who enter its doors. We suggest that you take the following steps:
1. Formalize a no-smoking policy throughout the building, including hallways, bathrooms, social hall and classrooms.
2. Publicize this policy by posting signs around the synagogue that explain why the rule exists and encourage people to stop smoking: "We care about the health and lives of our community. Therefore, we insist that no smoking take place on synagogue grounds. We also encourage all who smoke to stop smoking. If you would like to quit, join our smoking cessation group."
3. Encourage the members of the synagogue Board, as community leaders and role models, to pledge publicly to refrain from smoking and to help their friends and family members who smoke to stop smoking soon.
Educate the congregation about the dangers of smoking and how they can overcome nicotine addiction.
1. Begin prevention activities early: Nicotine addiction begins when most tobacco users are teenagers, so develop programs for religious school, Hebrew school and youth group chapters. Contact one of the agencies listed in this packet for educational materials developed for use with children. A good place to start is with the U.S. Office on Smoking and Health's "Guidelines for School Health Programs to Prevent Tobacco Use and Addiction." Despite its title, this booklet offers detailed information on how to set up smoking education, prevention and cessation programs in schools, community centers and congregations. To order by mail, call (770) 488-5705; by fax, (770) 332-4565.
2. Insert a small box in the synagogue bulletin with the no-smoking logo, a reminder about the synagogue no-smoking policy, and information about local smoking cessation programs.
3. Display pamphlets on smoking and the dangers of second-hand smoke in the synagogue lobby and waiting rooms.
4. Give. Ask members who have quit smoking to contribute 10%-20% of what they would have spent on cigarettes to tzedakah. Have the synagogue match that amount. Use the money to make smoking cessation programs free to synagogue members.
Smoking Cessation -- By forming groups at the synagogue to help people quit smoking, the congregation becomes an active partner in the mitzvot of shemirat ha-guf and hatzalat nefashot (preserving health and life).
1. Smoke-Stoppers. A five-day leader-facilitated program ideal for synagogue use. A package including leader's guide, posters, flyers, registration forms, and materials for 6 to 20 participants is available from the National Center for Health Promotion (NCHP), 1-800-843-6247. Smoke-Stoppers is often offered through hospital community health programs. To find the nearest location where Smoke-Stoppers is being held, call the NCHP toll-free number above.
2. Self-Help. Although quitting is easier when done together with a group of people, some congregants will not have the time for group sessions. They can take advantage of the American Lung Association's self-help smoking cessation program, Freedom From Smoking, available by calling 1-800-586-4872.
3. Have multiple copies of Clearing the Air: How to Quit Smoking and Quit for Keeps by the National Cancer Institute available for members who want to try to stop smoking on their own, or who want to pass something along to a friend or family member who they hope will stop smoking soon. The pamphlet contains valuable tips and strategies, including a "quitting calendar" for someone who is trying to stop smoking. Call 1-800-4-CANCER to order.
Advocacy -- Involve your congregation in efforts to promote public policies that reduce smoking. For information on initiatives in your area, contact one of the advocacy groups listed in this packet.

Bibliography on Judaism and Smoking

A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett (Albany, NY, 1988) pp. 337-362. An engaging discussion of smoking and Jewish law, presented as an example of the way that the various American Jewish religious movements approach halakhic issues. Includes a review of biblical and rabbinic sources and responsa by J. David Bleich (Orthodox), Solomon B. Freehof (Reform), and Seymour Siegel (Conservative).
"Smoking in Jewish Law," by David Golinkin in Responsa of the Va'ad Halakha of the Rabbinical Assembly of Israel, vol. 4 (5750-5752), pp. 37-52. An expanded version of the responsum above. In Hebrew, with an English summary.
"Cigarette and Marijuana Smoking," in Modern Medicine and Jewish Ethics by Fred Rosner (2nd Revised ed.; New York, 1986), pp. 391-403. An argument for the emerging consensus among Orthodox rabbis that cigarette smoking should be forbidden by Jewish law. Includes an overview of the relevant medical information.
The U.S. Surgeon General's Report on the Health Consequences of Smoking and Preventing Tobacco Use Among Young People: A Report of the U.S. Surgeon General, available from the U.S. Dept. of Health and Human Services Office on Smoking and Health, (770) 488-5705 or 1-800-CDC-1311.
"A Canadian Study of Smoking and Health" by the Department of National Health and Welfare (Canada). Available by calling (613) 567-3050.
"The Human Costs of Tobacco Use", by Thomas D. MacKenzie, et. al., in The New England Journal of Medicine, Vol. 330, No. 144 (April 7, 1994) pp.975-980.
"Nicotine Addiction in Young People", by David Kessler in The New England Journal of Medicine, Vol. 33 No. 3 (July 20, 1995) pp. 186-189.

Organizations

The following organizations can provide your congregation with information and assistance.

Canadian Cancer Society
10 Alcorn Ave.
Toronto, Ontario, M4V-3B1
(416) 961-7223

American Cancer Society
1599 Clifton Rd., NE
Ste. 200
Atlanta, GA 30329
(404) 320-3333 or 1-800-ACS-2345 for your local chapter.

Advocacy Organizations

Interreligious Coalition on Smoking OR Health. Works to mobilize faith communities in the U.S. to support public policies limiting the use of tobacco. The Coalition's newsletter, Religion & Tobacco Control, is available by calling (301) 853-2303.
ASH: Action on Smoking and Health. This non-profit charitable trust provides support for advocacy initiatives by non-smokers. A sample copy of their bi-monthly newsletter The ASH Smoking and Health Review, can be obtained by calling (202) 659-4310.
Campaign for Tobacco Free Children. An umbrella for more than 90 groups that seek to reduce smoking by children. The Campaign was instrumental in securing passage of rules proposed by the U.S. Food and Drug Administration that will sharply restrict the marketing and sales of tobacco products to youth. To find out more about these rules and how your congregation can help reduce smoking among children, contact the Campaign at (301) 907-4822.