[Avodah] Kosher Food vs. Lifnei Iver

[Marty Bluke]

R' Chanani Sandler asked if there is a problem of giving food to a
non-religious Jew because he won't make a beracha.

Here is an analysis of some of the sources.

The gemara in Avoda Zara (6b) learns out from the pasuk of lifnei e'ver that
you are not allowed to give a Nazir wine. The gemara concludes that this is
only in a case of tre ivra d'nahara  (literally 2 sides of the river),
meaning he cannot do the issur without you, but in a case of chad ivra
d'nahara  (literally 1 side of the river), where he could do the issur
without you (he could ask his neighbor for wine) it is permitted. Tosafos
paskens like this, that whenever he can do the aveira without you it is
permitted and there is no lifnei e'ver. The Ran there comments that although
there is no prohibition of lifnei e'ver, it is still prohibited m'drabbanan
because of m'sayeah l'ovrei aveira, you are helping him do an aveira.

The Shulchan Aruch in Yoreh Deah Siman 151 paskens like the Ran, that even
if he can do the issur without you it is prohibited. The Rama there comments
that yesh omrim like Tosafos that it is permitted v'chen nohagim. However,
many of the acharonim disagree with the Rama (Magen Avraham, Shach, Gra) and
pasken like the Ran because Tosafos in other places assumes that there is an
issur d'rabbanan in such a situation.

The Shach as explained by the Dagul Mer'vava has a very important kula. The
Shach says that there is no machlokes between Tosafos and the Ran. Tosafos
is talking about a case where he is doing the aveira b'meizid and therefore
there is no issur of helping him do an aveira while the Ran is talking about
a case of shogeg and therefore there is an issur d'rabbanan to help him.

It comes out according to the Shach that whenever the person is doing the
aveira b'meizid and/or there is no way for you to stop him, it is mutar to
give him the issur if he could do the issur without you.

R' Akiva Eiger takes a different tack regarding lifnei e'ver. In Yoreh Deah
Siman 151 sif 6 the Shulchan Aruch writes that it is prohibited for a woman
to cut off the payists of a man according to some opinions. R' Akiva Eiger
comments that according to everyone there would be an issur of lifnei e'ver
on the woman. He then states the following chiddush. If the man could cut
his own payists and is going to do it, the woman can cut them for him and
will not violate lifnei e'ver. He explains as follows. If the man cuts his
own payists, he violates 2 issurim, makif and nikaf. If the woman cuts them,
he only violates the issur of nikaf and not makif. Meaning, that if the
woman cuts them she is saving him from an additional aveira and therefore
there is no issur lifnei e'ver as her action is saving him from an
additional aveira.

It comes out according to R' Akiva Eiger that if your action reduces the
total number or severity of aveiros committed then there is no issur of
lifnei e'ver.

R' Moshe (Yoreh Deah siman 72) discusses the following case. A religious
caterer asked him if he is allowed to cater an affair where there will be
mixed dancing. Is there a problem of lifnei e'ver?

R' Moshe answered that it is allowed for 2 reasons:
1. We pasken like the Shach as explained by the Dagul M'revava and therefore
in this case where they are doing it b'meizid (and they would not listen to
you) it would be permitted.
2. This is not lifnei e'ver. The classic case of lifnei e'ver is where you
give someone or help someone do an aveira. Here your action is perfectly
mutar both for you and the other person. You don't have to worry that he
will use it for an aveira. If that was the case (that you have to worry that
he will use it for an aveira) then R' Moshe asks how can you sell anything
to a non-religious Jew? If you sell him a pot, he will use it for non-kosher
food or basar v'chalav, etc. Yet, no one thinks that there is an issur of
lifnei e'ver there. The reason is because since your action is perfectly
mutar for both you and him therefore there is no lifnei e'ver.

Based on the above we can answer our original question about giving a
non-religious Jew food. It would seem to be permitted for the following
reasons:

1. R' Akiva Eiger - RSZA (Minchas Shlomo Siman 35) was asked this question
and was matir for the following reason. He explained that if you don't give
him food he will be insulted and he will violate a bigger aveira, lo sisna
es achecha. Therefore based on R' Akiva Eiger's reasoning (your action saves
him from a bigger aveira) it would be permitted.
2. It seems that we pasken like the Shach (at least by issurim d'rabbanan)
and therefore here where he is a meizid it would be mutar. R' Moshe relies
on the Shach as does R' Shternbuch.
3. R' Moshe's sevara applies here as well. You are giving him food which he
is allowed to eat. You don't have to worry that he will do an aveira with
it.
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