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From: arnold@gatech.UUCP (Arnold Robbins)
Newsgroups: net.religion.jewish
Subject: Re: Speaking of fences ... (Smoking on Yom Tov)
Message-ID: <4364@gatech.UUCP>
Date: Thu, 1-Mar-84 13:33:02 EST
Article-I.D.: gatech.4364
Posted: Thu Mar  1 13:33:02 1984
Date-Received: Sat, 3-Mar-84 07:26:58 EST
References: <203@masscomp.UUCP>
Organization: Georgia Tech School of ICS, Atlanta
Lines: 47

In reference to Andy Tannebaum's suggestion that smoking should be prohibited.
I have been told several times that Rabbi Moshe Feinstein, the most widely
accepted "posek" (decider of questions) in American Orthodoxy has written
that smoking is wrong: if one does not smoke, he should not start, and if he
does, he should try to quit.  I cannot cite the specific place, but I can
find it if necessary.

However, there exists in Talmudic Law the concept of a "Gezerah sheh HaTzibur
ainu yacholim la'amod bo", a decree that the public cannot accept upon
themselves.  This means that we don't make laws/decrees that people will not
be able to fulfill (as a silly example, all Jews must buy Cadillacs.  Not
all Jews can afford Cadillacs, so we don't require them to buy Cadillacs.)
Several rabbis have indicated to me that not smoking falls into the category of
something that people can't accept.  I also don't like smoking, but this
falls into the category of personal choices....

Now, how do religious people smoke and cook on Yom Tov?  On Shabbos, cooking
and smoking are forbidden entirely, NO exceptions.  If you're starving and
all you have is raw meat, you can't cook it (unless you will *literally*
die from hunger; if you can wait 24 hours, you may not cook).  The Talmud
says that Yom Tov is just like Shabbos, except for "Ochel Nefesh", food
needed for survival.  This is learned out from the phrasing in the Bible.
By Shabbos it says  "Kol Malacha", All "malacha", which is often translated
as "work", but really means "creative activity".  So *everything* is forbidden.
By Yom Tov it says "Kol Malechet Avodah", all creative *work*, and the
tradition/explanation is that work necessary for Ochel Nefesh is OK.
One can not start a fire on Yom Tov, but can add or remove fuel from an
existing fire.  Thus people who smoke light their cigarettes/cigars/pipes
from an already existing fire.   This by the way, is why carrying is permitted
on Yom Tov.  It was permitted originally to carry food from one place to
another.  Once that was permitted, the Rabbis decided to permit carrying of
any permitted/necessary thing, like a key to one's house, or one's child.
There was a big difference of opinion about this between Hillel and Shammai;
Hillel won.

An excellent source for reasons behind Shabbos laws is the book "The Sabbath",
by Dayan I. Grunfeld, published by Feldheim and available in any good Jewish
bookstore.

Hope this clears some things up!

-- 
Arnold Robbins
CSNET: arnold@gatech		ARPA: arnold.gatech@CSNet-relay
UUCP:	...!{akgua,allegra,rlgvax,sb1,ut-sally}!gatech!arnold

Did'ja ever have one of those re-incarnations?