Community Magazine April 2014

NISSAN 5774 APRIL 2014 77 The halachic question of interest is which types of medications are considered fit to be eaten by a dog and which are considered completely non-edible. While that question sounds simple, it is really somewhat complex. If a person has or may have a life-threatening illness or condition, then they clearly may utilize any food, drink, or medication that is appropriate for their condition, regardless of whether it contains hametz , provided that an effective substitute without hametz is not easily available. Eating hametz in such a situation is not only permitted, but is mandatory because of the overriding Biblical obligation to preserve life. Therefore, while it is commendable for ill patients to check their medication list against one of the published kosher for Passover medication lists, this should be done only for their own peace of mind, so they can be assured that they are not ingesting hametz , or so they can inquire into the availability of hametz- free substitutes. But under no circumstances should Passover be used as an excuse for seriously ill or potentially seriously ill patients (such as those with heart conditions, hypertension, diabetes, or infections) to stop taking prescription medications without clear directions from their doctor. Do pills need to be kosher for Passover? A patient who is not seriously ill may not take any medicine which contains even a small amount of edible hametz . But a question arises regarding the status of a medication containing hametz which is unpleasant-tasting and the hametz within it is not fit for canine consumption. While it might seem that this should be automatically permitted, the resolution of this matter is based on the interpretation of one sentence in the Gemara (Pesahim): “Rava said: one who overcooks (scorches) [his bread] before the time [that hametz becomes forbidden on the afternoon preceding Passover] may benefit from it after the time [that hametz becomes forbidden].” According to one view, the Gemara here allows deriving benefit from hametz that has been rendered completely inedible, but not eating such hametz . If somebody chooses to ingest such a substance, he de facto declares that he considers the material to be edible, a concept called ahsheveh , and therefore the substance is forbidden to be eaten. According to others, however, it is permissible to not only derive benefit from severely burned bread, but also to eat it. The only reason why the Talmud did not state outright that it may be eaten is that people do not usually eat such materials. According to this second argument, medicines that contain hametz that is no longer fit for a dog may be taken freely by anyone. According to the first argument, such medications may be problematic for non-severely ill people (because of ahsheveh ). Even according to this view, however, there are two other issues that need to be addressed. Namely, does the concept of ahsheveh apply to medicine, and is swallowing a pill considered “eating”? Regarding the first question, an important clarification was made by Rav Shlomo Zalman Aurbach, who explained (in a letter to Dr. Avraham Avraham, author of Nishmat Avraham ) that the disagreement between the two approaches principally applied to cases where themedicine itself was the spoiled hametz . Today, themain issue concerns hametz that is used as a binder or coating, while the actual medicinal component is not hametz . The question thus becomes, is the hametz considered “spoiled” if it is irreversibly mixed with something which is not edible? Rav Yehoshua Neuwirth, author of Shemirat Shabbat Kehilchatah , follows the ruling of Rav Avraham Yeshayah Karelitz ( Hazon Ish ) that “pills containing flour mixed with things that are not fit for human consumption can no longer be considered hametz , since the flour can no longer be separated out or used to leaven other flour. Nor can the patient be said to attach importance ( ahsheveh ) to the flour rather than the medication. These pills therefore may be swallowed on Pesah .” Rav Neuwirth also answered our second question, ruling that swallowing a pill is not considered eating in the usual way. 1 He explains that his decision is in line with the opinion of Rav Aurbach who held that although swallowing is normally considered eating, that is only for regular food. Since the normal way to ingest a pill is to swallow it without chewing, it does not carry the designation of “food.” He adds that since the hametz in the pill can no longer cause other dough to become leavened, it is probably permitted to swallow them. Rabbi Moshe Feinstein ruled that ahsheveh does not apply to medication, since a person would eat virtually anything, food or non-food, if he thought it would make him feel better or cure him. By swallowing a pill, a person is not implying that he considers the pill to be a food; he merely utilizes it for its curative properties. Hacham Ovadia Yosef and Rav Shlomo Zalman Aurbach add the caveat that this applies only to somebody who is sick. A person who is generally healthy but is dealing with a minor ailment or mild discomfort may not take pills that likely contain hametz. Rabbi Moshe Feinstein zt”l Rabbi Shlomo Zalman Auerbach zt”l Hacham Ovadia Yosef zt”l 1 Rav Neuwirth noted that even the Rambam, who follows the stringent view that a healthy person should not eat spoiled hametz , rules that this applies only to benefit derived through the standard means (such as eating). It may, however, be used in an abnormal manner, such as in an ointment or when mixed with a bitter substance.