The  Basur  IS  Asur

Non-Kosher Medicine

by Michali Koplen and Shani Neuman  

When dealing with the issues of refuah, one must be very careful to follow all the halachot accurately.  This topic deals with mild illnesses along with life and death situations, because one is allowed to go against the torah to save a life.  Many Rabbanim speak in depth about dealing with these types situations.

          The Shulchan Aruch written by Rav Yosef Kairo and the Mapah written by Rav Moshe Isurlis, both comment on this topic. 

The Shulchan Aruch starts by stating that if someone is in a dangerous situation which he refers to as a makom sekana, they may use things that are normally prohibited by the torah even in  a normal manner.  However, the Shulchan Aruch goes on to explain that if someone is not in a dangerous situation they may use things  which are normally not permitted according to the torah.  But unlike the previous situation, this time they must use the medication or any type of refuah in a different way than usual.  Although the Shulchan Aruch does not bring in an example, probably a good example of this would be if someone was suffering from a fever at 100 degrees F, not life -threatening, they may use normally prohibited medicine, but in a different way than usual.  However, if this persons fever was at a 105 degrees F, they may and should use prohibited medicine in a normal manner to save their life.  The Shulchan Aruch lists two exceptions to this rule which are                                and                                .  They are only permitted to be used if one is in a dangerous situation in which case they must be used in a different way than usual.

          Any ill person who needs medicine which is prohibited needs the medicine to be proscribed by expert physicians in order so that he can use it.  If someone is not in a dangerous situation it is preferable that he or she wait till they can receive medicine which is not assur.  The difference between the Mapah and Shulchan Aruch is that the Shulchan Aruch allows us to use prohibited medicine, just in a different way, if we were in this same situation.

In halacha six of the Ram bam, when someone is sick and must go against thee torah in order to get better, he may do whatever it takes to get better.  There are three exceptions to this statement which are that one may not worship other G-ds, have sexual relations or commit a murder even if he is in a life and death situation himself.       

    The Orach Hachaim  comments on this statement and says that if someone is sick, he does not necessarily  need a physicians recommendation.  He may use his own common sense to determine whether he is sick enough to go against the torah in order to get better.  This is in contrast to what the Mapah says about needing a doctor’s prescription before violating the torah.

An example from the Orach Hachaim is that if a person is sick on Yom-Kippur and feels dangerously weak then he may decide on his own that he is going to break his fast.  It is not required for this man to receive permission from a doctor first if he obviously feels too sick that he must commit a sin. 

In halacha eight of the Ram bam, it is only permitted for someone to go against the torah in order to feel better if he does this in a manner which does not grant any satisfaction.  However, there are two exceptions to this rule.  The                                 and the                              are both only permitted to be used for refuah if there is a life in danger.  They are also not allowed to grant satisfaction or benefit in any way.  The Shulchan Aruch also mentioned these two exceptions to a rule and the fact they can only be used in a more strict manner. 

The Ram bam gives an example of this halacha.  If one is sick on Pesach, and the medicine they must take is chametz, one is allowed to take this medicine as long as there is no satisfaction.  The Rash bam comments on the Ram bam’s example. He says that this situation is only permitted if the chametz is owned by a gentile.  However, if the chametz belongs to a Jew then the sick man must be in a life threatening situation in ....

When dealing with the issues of refuah, one must be very careful to follow all the halachot accurately.  This topic deals with mild illnesses along with life and death situations, because one is allowed to go against the torah to save a life.  Many Rabbanim speak in depth about dealing with these types situations.

          The Shulchan Aruch written by Rav Yosef Kairo and the Mapah written by Rav Moshe Isurlis, both comment on this topic. 

The Shulchan Aruch starts by stating that if someone is in a dangerous situation which he refers to as a makom sekana, they may use things that are normally prohibited by the torah even in  a normal manner.  However, the Shulchan Aruch goes on to explain that if someone is not in a dangerous situation they may use thing critical amount at one time.  He uses the example of Benergin, which contains liver extract which is made up of vitamins with iron from a non kosher source to help make his point.  Another statement by the Tziz Eliezar, is that glycerin is permitted  in any type of medication.  However, kosher glycerin is now available so it is preferable to use it in medication in which u have to eat or drink.  An additional point brought down is that a patient who’s life is not even in danger is allowed to swallow medicine if the capsule is made of gelatin.  The patient does not have to open up the capsule and swallow just the medicine in powder form.  The fifth point by the Tziz Eliezar pertaining to non-kosher medicine is that a patient that is not dangerously sick, is allowed to drink wine made from or belonging to a gentile for medical purposes.  Although, he is not allowed to drink this wine for the purpose of strengthening or rejuvenating his body.  The final statement explains that if a person must follow a salt -restricted diet for medical issues,  he is permitted to eat meat that was only salted for eighteen minutes during the koshering process as opposed to the usual hour that meat has to be salted during koshering.

Rabbi S. Wagschal explains that if someone just had an operation or even minor surgery and the doctors say he needs food immediately, he must eat the food available regardless if it is kosher or not.  If the patient has a choice of the available food, but it is all still not kosher, he is obligated to try to pick the food with the smallest issur.  An example of this would be choosing dairy food over the meaty food.  Additionally, the family of the patient should definitely provide kosher food as soon as possible for the ill family member.

Rabbi Avrohom Blumenkrantz says that all medicine capsules that are used today are made from gelatin.  Since taking them is not derech achilo v’hanoha, an ill person is allowed to take these capsules.  Rabbi Blumenkrantz agrees with the Tziz Eliezar about this point.