Parshas Balak 5785 – Intriguing Questions & Answers

Rabbi Yaakov Aron Skoczylas   -  

A Young Man Whose Hair is Turning White — Is He Permitted to Dye It?

Avodah Zarah 29a

Q: I was asked by a father whose young son started growing several white patches of hair on his head. He tried using medications to prevent it, but nothing helped. The only option remaining is to dye the hair. The father is unsure whether this is permitted, since he knows that the Gemara and Shulchan Aruch (Yoreh De’ah 182:6) state that dyeing white hairs among black ones is an issur d’oraisa of “Lo Yilbash” (the prohibition against cross-dressing). May one be lenient in such a case, considering that the boy is embarrassed to go out like this? The parents noticed that the embarrassment causes him to act out at home more than usual and affects him negatively.

A: In my humble opinion, in a case like this, it is permitted to dye one’s hair. We will now explain the reasoning, for not every case permits dyeing hair—especially as we are dealing with a potential issur d’oraisa of Lo Yilbash.

The Shulchan Aruch indeed rules that there is an issur d’oraisa to dye white hairs among black ones, since doing so is beautifying oneself in the manner of women, thus transgressing Lo Yilbash. The Acharonim discuss whether if once it becomes a norm among men to dye their hair, it would be permissible, since it’s no longer a uniquely feminine behavior. This matter is debated among the poskim. R’ Akiva Eiger quotes the Perishah, who says that if non-Jews have a custom of men dyeing their hair, perhaps it is then considered a male action and not prohibited. However, the poskim did not rule this way practically. Based on that, it would seem difficult to permit a young person to dye his hair?

Indeed, many Acharonim have discussed the case of a young person with premature graying and have concluded that since this is a severe Torah prohibition, one cannot permit it. The vast majority of Acharonim prohibited it, except for some who were lenient in extreme circumstances, such as fear of job loss, as noted in Igros Moshe.

However, it seems possible to permit in our case based on a different consideration. The Gemara in Shabbos (50b) teaches: “A person may scrape off scabs of excrement or scabs of a wound from his skin due to discomfort, but if for beautification, it is forbidden.” Tosafos there (s.v. bishvil tza’aro) write that if the only distress is embarrassment to go out in public, it is still permitted—for there is no greater pain than that. We see that when done out of embarrassment, it is not considered beautification and therefore does not violate Lo Yilbash.

In Shu”t Shevet HaLevi (vol. 3:111; 6:118), this point is brought up and the above Tosafos is cited. Yet he writes that all the Acharonim surely saw this Tosafos, and still, due to the severity of the prohibition, did not rely on this reasoning alone. Therefore, he rules stringently in such cases.

Still, there is room to argue further. The reason I rule leniently in such serious questions is due to the intent behind the action. Rav Shlomo Zalman Auerbach zt”l writes in Minchas Shlomo (vol. 2, siman 82:7) that it is customary to permit a young man with premature graying to dye his hair, because the act is done not for beauty, but to remove a physical flaw that disturbs him. Since the prohibition of Lo Yilbash is defined as beautifying in a feminine manner, and that’s not the intent here, the prohibition does not apply. Rav Moshe Feinstein zt”l ruled similarly, as cited in Rishumei Aharon vol. 1.

In Igros Moshe, Rav Moshe wrote that one who is graying and seeks employment and fears being seen as old and unfit for the job, may dye his hair. In Nishmas Avraham (YD 182:2), Rav Shlomo Zalman wrote that if the graying is premature, some permit dyeing or plucking the hairs, since it is to remove a defect, not to beautify. He also brings a practical question brought to Rav Neuwirth zt”l regarding a 20-year-old with white hair on his head and beard, who was embarrassed to go out in public. Rav Neuwirth permitted dyeing, since premature graying in a young man is considered a mum (blemish), and removing it is not forbidden.

Imrei Yaakov (Rav Y.M. Stern shlit”a) also rules leniently, especially nowadays when men dye their hair too.

In summary, although some great poskim such as Shevet HaLevi, Rav Elyashiv, and Rav Chaim Kanievsky zt”l were stringent, I have received from my teachers to rule leniently in these cases, especially since emotional distress can have long-term impact.

Therefore, the halachah in practice is that if a young man has patches of white hair, and it distresses him—whether socially, in dating, or in other ways—he is permitted to dye his hair in order to remove the blemish that troubles him.


Swallowing Medicine with Water on a Fast Day – Does One Recite a Berachah?

Q: If someone needs to swallow medicine on Tishah B’Av and drinks water in order to swallow it, must he recite a berachah on the water?

A: This is seemingly straightforward, as it is explicitly ruled in Shulchan Aruch (Orach Chaim 204:7) that the obligation to recite Shehakol before drinking water, and Borei Nefashos afterward, applies only when one drinks because of thirst. But if one drinks not due to thirst—for example, because food is stuck in his throat and he drinks to wash it down—then no berachah is required, neither before nor after.

Accordingly, in our case, since the person is not drinking due to thirst but only to swallow medicine, it would seem that no berachah is required.

However, the Mishnah Berurah (ibid., se’if katan 40) notes that even if one is not explicitly drinking due to thirst, as long as he derives pleasure from the water (i.e., the palate benefits), we assume he is at least somewhat thirsty and must make a berachah. For if he were not thirsty at all, the palate would not derive benefit.

The Sha’ar HaTziyun (s.k. 34) supports this from the Gemara (Berachos 36a) which rules that even if one drinks olive oil for medicinal purposes, if there is benefit, he must make a berachah.

So why then is no berachah recited when one drinks to dislodge food? The Rishonim distinguish between water and other drinks: with water, if one is not thirsty, there is no pleasure, and thus no berachah.

Therefore, even with water, the reason no berachah is made is because there’s usually no taste or pleasure unless one is thirsty. But if one does derive pleasure from drinking the water—such as during a fast when one is quite thirsty—then a berachah must be made, even if the intent was to swallow medicine.

However, the Chashukei Chemed (Kesubos 51b), and also Ashrei HaIsh (vol. 1, siman 36), cite Rav Elyashiv zt”l who held that since the person’s intention is clearly not to enjoy the water due to the fast, any benefit he receives is not desired (lo nicha lei), and this would depend on the debate between Tosafos (Shabbos 29b) and the Ran (Chullin 32a in Rif pagination) about whether psik reisha d’lo nicha lei (an inevitable but undesired benefit) constitutes pleasure for halachic purposes.

Another factor: if one takes the medicine early in the morning, when he isn’t yet very thirsty, but drinks now to avoid thirst later, it is unclear if this counts as drinking “due to thirst.” This question applies not just to fast days but in general—for example, someone who drinks a lot before a fast or a trip to avoid future thirst. Is that considered drinking out of thirst?

The Eshel Avraham of Butchatch (OC 204:7) raises this point, suggesting that even drinking so as not to become thirsty later may be considered drinking out of thirst—since the purpose is still to quench or prevent thirst. But if someone is already so fully hydrated that he truly has no need to drink now or later, then it is not considered drinking for thirst and no berachah is required.

The Da’as Torah (ibid.) cites the writings of the the Butchatcher, that even drinking to avoid future thirst may require a berachah, based on the Gemara’s phrase: “Drink before you become thirsty.” Yet, he concludes that the main view is to recite a berachah only if one is already thirsty.

The Shevet HaLevi (vol. 10, siman 42) notes that the Eshel Avraham appears to contradict himself, but in practice rules that even if one drinks now to prevent thirst later, a berachah is required. Rav Avigdor Nebenzahl shlit”a similarly rules that one who drinks even to avoid later thirst, must make a berachah—since he inevitably receives some enjoyment now.

In Practice: If one must swallow medicine on Tishah B’Av and is unable to do so without drinking water—even if his intent is not to quench thirst but only to help swallow the pill—if he is already thirsty (as is likely during a fast) and derives any pleasure from the water, he must recite a berachah.


A Soldier Who Must Carry Tefillin on Shabbos

Q: I was asked here in Eretz Yisrael by someone going out to war who is taking a bag with all his necessary belongings, including his tefillin. What should he do on Shabbos? If he leaves the tefillin somewhere, there is concern it will be treated disrespectfully, chas v’shalom. Is he allowed to carry them with him, or would that be prohibited because of muktzeh and hotza’ah (carrying) on Shabbos? Or perhaps it is better not to take the tefillin at all and forego putting them on even during the week?

A: This very question was already addressed by the Chafetz Chaim in his sefer Machaneh Yisrael (Part I, ch. 31, §2). There he writes that items one is required to take along due to government orders may be carried on Shabbos [from his wording, it seems this applies even if there is no danger to life]. However, personal items that the government does not require him to take may not be carried on their own. But if those items are carried together with essential items that he is required to take due to government command, it’s possible that doing so is not forbidden.

He concludes there that if one has money and fears leaving it or entrusting it to others—lest it be stolen—he may sew it into his clothing before Shabbos. This transforms the act into a shinui (an unusual method of carrying), and in a case of monetary loss, it may be permitted. The same applies to his tefillin: if he has no other choice, he should do the same. And if he didn’t sew them into his clothing before Shabbos, one may rely in pressing circumstances on the leniency mentioned above—to place the tefillin among the other essential items he must carry, and carry them together, without carrying additional items by hand separately.

Accordingly, in our case—where he must carry items required for pikuach nefesh—if possible, he should sew the tefillin into his clothing so that the carrying is done ke’le’achar yad. But if that’s not feasible, he may carry them in the same bag along with his other permitted belongings.

Now, one may ask: by adding to his load items, he’s not required to carry, is he not increasing the quantity of his melachah (prohibited labor of carrying)? See Machaneh Yisrael (note 1) where he cites what seems implied in the Gemara (Menachos 64a, Yoma 84b): If someone intends to lift both fish and a drowning child, it is not considered a melachah on Shabbos and is permitted even lechatchilah, as the Ran (Shabbos ch. 13) explains. So too, the same principle applies to other melachos, as is evident from the Rashba cited by the Ran.

As for whether ribui b’shiurim, increasing the quantity of a melachah, applies to hotzaah—see the Ohr Sameach (Hilchos Shabbos 18:1), who writes that someone who adds to what must be carried—e.g., if he needs to bring a grogeres for a sick person and instead carries two—would be liable for the second one.

Rav Elyashiv zt”l, in his notes on Shabbos 90a, shows from Tosafos (s.v. ha-motzi kupas ha-rochlin) that the whole question of quantity is not relevant to the melachah of hotza’ah (carrying), and not related to the debate between the Ran and the Rashba.

In any case, from all this we see that it would be permitted, perhaps even lechatchilah, to take the tefillin in the same bag as one’s other pikuach nefesh-related belongings. Still, as the Chafetz Chaim already ruled in Machaneh Yisrael, it is best, if possible, to sew the tefillin into his clothing. But if that is not an option, he may place them in the bag as described above.

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