[Avodah] Is smoking mutar?

Arie Folger afolger at aishdas.org
Fri Jan 16 05:18:26 PST 2009


RZS wrote:
> IIRC R Bleich wrote an article many years ago arguing that there is no
> precedent for the claim that "venishmartem" applies to actions that pose
> no immediate danger, but only increase the probability of developing a
> disease at some time in the future.  
<SNIP>
> None of these are like the risk from smoking.
> AFAIK he has not renounced that position, and nor has our knowledge of the
> metzius changed in that time, so as to invalidate its application to
> smoking.

In a personal communications when I took his contemporary halakhah course, R' 
Bleich opined that we look at the cumulative effect of toxic absorption to rule 
when one becomes obligated to shield oneself from exposure. Thus, whereas the 
first cigarette would not be assur on account of a direct piqua'h nefesh 
(though it may be assur on account of it being addictive and indirectly 
leading to danger), at some point, the cumulative intake of tobacco smoke will 
halakhicly compel the smoker to quit.

The same goes for living in a poluted city.

The statistics must also take into account the probability of the danger 
coming about, and that danger must exceed 50% to become halakhicly actionable. 
Meaning, if after 10 years living on Canal Street in Manhattan (the most 
poluted area), one would have a 20% chance of dying a year early, this would 
not be actionable, as 20% is smaller than 50%. If OTOH, after 20 years living 
there, one would reach a 50% chance of a significantly reduced life expectancy 
(significant being in the eyes of society IIRC), then the chap would have to 
move to a clean air sanctuary.

Ad kan the clarification of R' Bleich's position. Please note that the above 
statistics are made up for the purpose of demonstration only, I do not know 
what the actual mortality rate is from polution exposure on the Manhattan side 
of the Manhattan Bridge.

Good Shabbos,
-- 
Arie Folger
http://ariefolger.wordpress.com
http://www.ariefolger.googlepages.com



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