By the Grace of G-d15 of Elul, 5739Brooklyn, N.Y.

This is to acknowledge receipt of your letter in which you write about the problem of smoking and ask why no issur has been issued against it.

I note from your letter that you are aware of halachic problems in issuing an issur. Rabbinic authorities have traditionally been reluctant to proclaim issurim even in non-controversial situations when it involved a גזירה שאין רוב הציבור יכולים לעמוד בה - imposing a public restriction that the majority cannot endure, (B.Bat. 60b, a.e.), in which case an issur would force many into a position of being מזידים/ willful transgressors instead of שוגגים/ transgressing unwillingly.

Certainly there would be no case for issuing an issur in a matter on which authorities differ.

As you know, there are those, albeit in the minority, who claim that the health hazard of cigarette smoking has not been proven conclusively. This is perhaps one of the reasons why the manufacture and sale of cigarettes has not been outlawed by the Health Authorities.

In recent years there has been a further consideration, namely that the prohibition of cigarette smoking, and placing it on par with smoking “pot” would increase the incidence of drug abuse and drug addiction, since it is believed that cigarette smoking, especially among young people, provides a certain “escape” and to some degree a substitute for drug abuse so prevalent among their peers.

Needless to say, these and other considerations do not justify the use of something that has already been prohibited by the imperative of ונשמרתם מאד לנפשותיכם. But I have mentioned the above by way of answering your letter as to some of the reasons why no issur has been proclaimed against cigarette smoking. In addition to being counterproductive, there is also the possibility of a harmless cigarette being introduced before long.

Seeing your concern for the physical health of fellow Jews, I wish to express my confident hope that you are using your influence in the fullest measure to promote the spiritual health of your Jewish students, and of the Jewish community at large. And in this case, expert opinion is certainly undivided that the Torah and mitzvot are "our life and the length of our days.”

Also in regard to non-Jewish students there is the obligation of promoting the so-called Seven Noachide Laws, with all their ramifications - the Divinely ordained basic laws of morality, justice, etc, for all mankind ("Noah's descendants"), without which no decent human society could long endure.

And there is the assurance that "words coming from the heart inter the heart and are eventually effective," especially when coupled with a living example.

As we are now in the month of Elul, it gives me pleasure to extend to you and yours prayerful wishes for kesivah va’chassimah tova, "shana tova u’mesukah.

כתיבה וחתימה טובה לשנה טובה ומתוקה

With blessing,