Parshas Netzavim Vayelech – 5786 – Intriguing Questions & Answers
Ask The Rav
A Woman Suffering from Anorexia Who Needs to Enter a Facility Where
She Will Be Given Non-Kosher Food
Q: Unfortunately, a common question arises regarding girls who suffer from
anorexia, which is a physical and psychological illness. In some cases, the
condition is truly a matter of pikuach nefesh, while in less severe cases it is
certainly considered an illness, but there is no danger to life. Nevertheless,
nutritionists sometimes recommend that these girls go out with friends to
restaurants as part of their recovery process, and sometimes, for the purposes
of their treatment, they’re advised to eat certain foods that do not have a
kosher certification. The question is when and under what circumstances
they may be permitted to eat non-kosher food because doing so will greatly
assist in treating their illness. In a case of actual pikuach nefesh, it is certain-
ly permitted, but what is the practical halachic guidance in these various
situations?
A: There are several points that must be distinguished when addressing such
questions. First, regarding the broader issue, I am not presently addressing
whether it is advisable to send a Torah-observant Jewish girl to a non-Jewish
facility, where she may potentially be exposed to very negative influences.
Rather, I am addressing the halachic question from the parents’ perspective:
whether they may send someone in such a condition to a facility or restau-
rant for the purpose of treating the illness described above.
The words of the Chasam Sofer (O.C. 83) are well known regarding placing
a shoteh in a non-Jewish institution for medical treatment where non-kosher
food is served. Although a shoteh is exempt from mitzvos, there is neverthe-
less an issue of safiyah—actively causing someone to eat a prohibited
food—as one is forbidden to feed even a shoteh prohibited foods, as stated
by the Pri Megadim (266 s.k. 4). Initially, the Chasam Sofer sought to permit
this based on several considerations:
1. Since the person was placed in a non-Jewish institution, it is the non-Jews
who are feeding him, and we are not the ones instructing them to feed him
non-kosher food.
2. The principle that it is preferable for one person to violate Shabbos if do-
ing so will enable a sick person to recover.
Safiyah may be permitted for the sake of a mitzvah.
Nevertheless, the Chasam Sofer ultimately ruled stringently that the shoteh
should be removed from the institution before reaching the age at which he
would become obligated in mitzvos. He was also stringent because of the
concern of timtum halev, that eating non-kosher food can have a negative
spiritual effect and cause a person to develop negative traits.
Although the Igros Moshe (O.C. II:88) writes that in the case of a shoteh
who will not recover from his condition, there is room to be lenient, one
must nevertheless carefully consider our case, since the girl in question is not
a shoteh at all and may very well recover in the future.
In fact, before focusing on our particular case, it should be noted that the
Shevet HaLevi and several other Poskim raised a question regarding the
Chasam Sofer’s reasoning. If one is permitted to violate Shabbos in order to
obtain a benefit for a sick person, even where there is a concern of timtum
halev, why should there be a concern of timtum halev in this case? Accord-
ingly, regarding a shoteh, there is indeed room to be lenient depending on
the circumstances.
Our case, however, is different, since the girl is not a shoteh at all. Therefore,
the situation is considerably more stringent. If there is another way to treat
her, there is a concern of safiyah and lifnei iver in giving her non-kosher
food. Nevertheless, in a case of actual pikuach nefesh—which, unfortunate-
ly, is quite common among girls suffering from this condition—it is certainly
permissible to be lenient for the purpose of her recovery, as is clear from
O.C. 328:14. Even when there is no pikuach nefesh, there is some room for
leniency when this is genuinely part of the necessary treatment for the ill-
ness.
It is, however, very important to emphasize that one should always seek
alternative solutions, particularly since the Chasam Sofer nevertheless ex-
pressed concern regarding timtum halev. Furthermore, the Divrei Malkiel
(I:28) writes that if kosher food can be obtained, even at a significantly high-
er cost, one is obligated to do so. Likewise, in every individual case one
must investigate the spiritual environment of the facility in question. Since
this is an extremely sensitive matter, no practical ruling should be derived
from this answer alone; a qualified Rav must be consulted beforehand.
The practical ruling: If, unfortunately, a girl suffering from anorexia is
defined by her doctors as being in a state of pikuach nefesh, and as part of
the treatment process she needs to eat non-kosher food, it is permissible to
give her such food and likewise to send her to such a facility. However, if
the condition is not considered pikuach nefesh, but rather an illness without
danger to life that requires ongoing treatment, there is an obligation to seek
kosher food, even if it is more expensive. In every case, the family Rav must
be consulted in order to determine the proper course of action.
Swallowing Blood from Dry, Cracked Lips
Q: I have been asked many times about a common situation in which a per-
son’s lips become cracked because of cold weather and the person suffers
from dry, painful lips. He wishes to moisten his lips with his tongue. Is this
permitted, or is there a concern that there is usually some blood on the lips,
and by licking the lips he may swallow the blood, thereby transgressing the
prohibition of eating blood?
A: The Gemara in Kesubos (60a) and Kerisus (21b) teaches: Blood that is on
a piece of bread may be scraped off and the bread eaten; blood that is be-
tween one’s teeth may be sucked out and swallowed without concern. This is
brought as halachah in the Tur and Shulchan Aruch (Y.D. 66).
Rashi in Kesubos explains the permission to suck out blood between the
teeth by saying that it is not visible. At first glance, this would seem to indi-
cate that the entire basis for the leniency is that the blood is not visible. If so,
blood on one’s lips, where it can be seen, would seemingly be comparable to
blood on bread and would be forbidden. However, in Kerisus Rashi explains
differently: Blood on bread, since it has separated, has at least an element of
perishah; blood between the teeth, however, is still attached to the body and
Parshas Netzavim
Vayelech
5786
Ask The Rav
therefore does not even have a requirement of
perishah, and one may suck and swallow it. Ac-
cording to this explanation, blood on one’s lips
would likewise seemingly be permitted since it is still
attached to the body. Thus, the two explanations of Rashi
appear to contradict one another.
The wording of the Rosh also requires examination. He writes
that blood on bread must be scraped off because, since it has sepa-
rated, there is a concern that people will come to confuse it with
other blood and conclude that other blood is also permitted. Blood
between the teeth, however, may be sucked and swallowed.
At first glance, this would seem to indicate that the concern is not ma-
ris ayin, but rather a prohibition enacted because people may come to
mistakenly permit other blood. Nevertheless, even according to this
explanation, it would seem that blood on the lips should be permitted,
since it has not yet separated from the body and there is no concern that
it will be confused with other blood.
In truth, however, it appears that the Rosh’s concern that one may come
to confuse it with other blood is itself included in the concept of maris
ayin. Rashi explains regarding blood of fish that was collected in a ves-
sel that it is prohibited because an observer may conclude that eating
blood is permitted. Based on this, the concern is that someone observing
the act may conclude that the act itself is permitted. I subsequently saw
that the Darkei Teshuvah (Y.D. 66 s.k. 68) cites a dispute among the
Acharonim regarding this matter, with several Acharonim remaining
uncertain about the halachah. He also cites the Yad Yehudah, who writes
that when blood is dripping from one’s finger there is not only a con-
cern of maris ayin, but also an element of shikutz, as well as the con-
cern of the principle that whatever emerges from something impure is
itself impure. Nevertheless, it appears that even those who are strin-
gent regarding blood on one’s finger would agree that blood on one’s
lips is permitted. In the case of a finger, when a person places a
bloody finger into his mouth, an observer may not know that the
blood came from his finger; perhaps the finger was simply soiled
with blood from another source, especially since one’s hands are
constantly involved in various activities. When one licks his lips,
however, anyone observing can clearly see that the blood came
from the lips themselves. This appears to be the intention of the
Kenesses HaGedolah, cited in the Darkei Teshuvah, who writes
that even regarding a finger, despite the fact that it is evident
that the blood came from the finger, there is still an element
of maris ayin. Therefore, it appears that at least in a case of
pain or discomfort, one may be lenient and lick one’s lips
even when there is some blood on them. Although a person
who is able to suck the blood out and spit it out certainly
should do so, as cited in the Kenesses HaGedolah, when
someone is suffering and needs to moisten his lips re-
peatedly throughout the day, making it difficult to spit
each time, there is no need to be stringent. Regarding
blood that comes out of the mouth during dental treat-
ment: One need not be concerned when blood comes
out during dental treatment and is found on the in-
struments, even though the dentist may remove an
instrument containing blood and then return it to the
patient’s mouth. Nevertheless, at the conclusion of
the treatment one should make sure to spit out and
remove all of the liquid in his mouth rather than
swallowing the blood, and he should rinse his
mouth.
Preparing Sushi on Shabbos
Q: I have been asked many times by people who
would like to prepare sushi on Shabbos. There are several possible mela-
chos that need to be considered, including smoothing, borer, makeh
b’patish, and boneh. Is it permissible to prepare sushi on Shabbos? And
if we conclude that it is prohibited, may a caterer have non-Jews stand at
a sushi station on Shabbos and prepare sushi for a Shabbos kiddush and
the like?
A: Since I am unable to elaborate at length at this time, I will address
only the concern of boneh with regard to food, aside from the other con-
cerns mentioned above, which may be easier to permit.
Regarding boneh in food, the Rambam (Hilchos Shabbos, ch. 7), cited
by the Magen Avraham (319 s.k. 18) and the Mishnah Berurah (319 s.k.
63), writes that one who makes cheese on Shabbos is liable for boneh,
because gathering separate components together and joining them until
they become one entity resembles building.
The Magen Avraham (340 s.k. 17) explains that the prohibition of boneh
in food applies when one intends to beautify and smooth the food, as is
the case with cheese. Therefore, joining pieces of dried fig together is
prohibited only because of me’amer, and there is no prohibition of
boneh, since one does not intend to beautify or smooth them. Based on
this, Rav Shmuel HaLevi Wosner, zt”l (Shevet HaLevi VI:29), ruled
regarding cutting foods into a particular shape, or preparing onions and
eggs in a particular manner on Shabbos, that if we adopt the stringent
position that making cheese is prohibited because of boneh even when it
is intended to be eaten that same day, there is room to be stringent re-
garding these practices as well, as they may constitute a form of boneh.
This is particularly the case when a liquid is involved that causes the
components to adhere to one another and further serves to smooth and
beautify the finished product.
On the other hand, the Maharsham (Daas Torah O.C. 321, s.v. u’mutar,
p. 217), cited in Shevisas HaShabbos (Me’amer s.k. 12), writes that there
is no concern of boneh when preparing an egg with onion, since the
connection is not strong and can easily come apart. Furthermore, since
the entire purpose of joining them is to eat them immediately, it does not
resemble building at all.
The Concern of Boneh
Accordingly, according to Rav Yisrael Belsky, zt”l there is reason to
question whether preparing sushi constitutes boneh, and therefore the
recommendation is not to prepare sushi on Shabbos. Therefore, accord-
ing to the stringent opinion regarding making cheese, one should not
prepare sushi on Shabbos because of the concern of boneh. Rav Asher
Zelig Weiss, shlit”a (Kovetz Or HaShabbos, vol. 29, p. 28), likewise
writes that it is proper to be stringent and refrain from preparing sushi on
Shabbos because of the concern that it resembles making cheese, which
is liable because of boneh. Sushi is not merely a matter of gathering and
joining ingredients; rather, through the rolling process one creates a new
food product and a distinct form. On the other hand, it is possible that
the connection is not considered a true, permanent connection. He is
nevertheless clear that there is no concern of tofer in preparing sushi,
since there is no actual sewing or substantial bonding involved. Rather,
the moisture causes a certain degree of adhesion which can easily be
separated, and therefore it does not even constitute a non-permanent
form of sewing. He further demonstrates at length (Kovetz Or HaShab-
bos, vol. 29, p. 39) that there is nevertheless a concern of boneh and that
sushi should not be prepared on Shabbos. There is no requirement that
the construction be a strong or permanent structure; joining one food to
another can itself constitute boneh.
The practical conclusion: In light of all the above, one should cer-
tainly be stringent lechatchilah and not prepare sushi on Shabbos. Alt-
hough there are those who are lenient and permit a non-Jew to prepare it
at a Shabbos kiddush, as is done by certain caterers, one should never-
theless not rely on this leniency lechatchilah without consulting a quali-
fied Rav.
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