Here is a law Israel should consider in some form or another.

The Knesset Economics Committee today approved a law proposal to be voted on in the Knesset. The proposal would basically do away with all print advertising of cigarettes and smoking products.

Behadrei brings an interesting psak for Asara bTeves. Though it is finished for us here in Israel (you're welcome for my not posting this earlier), and therefore already not so relevant other than being Torah and worth a discussion, there are still plenty of hours to go in the USA and parts of Europe. 

TheMarker is reporting that the last stage of the cigarette law passed at the end of 2018 is about to go into effect this Wednesday. The last stage is unified packaging and keeping them hidden from view. I wrote about this law briefly just before it was passed.

The more interesting part of the report in TheMarker is the revelation made today by former MK Yehuda Glick, who was the father of this law and took advantage of Litzman's desire at the last minute to pass a different law to negotiate support for the passage of the anti-cigarette law. Glick revealed that the anti-cigarette law has an unusual exception built into the law. An exception that is not excepted anywhere else in the world that has a similar law.

The law referred to is banning cigarette advertisements in media. According to the report, Litzman, the Deputy Minister of Health at the time and currently full Minister, agreed to support the law only if the printed media would be granted an exception. He actually did not just grant it an exception, but also included a clause that would require any printed media advertising cigarettes to also include an ad from the Health Ministry opposite it warning about the dangers of cigarettes.

And why did Litzman insist on this exception? You might be able to guess why, but the report says so, and it says that everybody involved knew about it. Litzman was worried that banning cigarette ads from printed press would hurt his "home" newspaper, Hamodia, that bring sin nice revenue from cigarette ads. Not only is Hamodia the paper printed by Gerrer Hassidim, but his wife also works for Hamodia. As an aside he also protected the cigarette revenue of the other Haredi newspapers, but the main focus was Hamodia.

What's the big deal - all printed newspapers and magazines are equally excepted, so Hamodia is not getting any special treatment? Well, while other printed papers might still be bigger than Hamodia, he effect on them would not be as great, as they have all shrunk considerably anyway as the world moves to online media, while Hamodia and other Haredi papers have been hurt much less by the Internet, and have a negligible internet presence at best, and would be hurt much more by a ban on cigarette advertising. That is besides for the fact that he just cared about Hamodia more and all the others were just as an aside.

So, Litzman, responsible for the health in Israel, was more concerned about the financials of his friends newspaper than of the health of Israeli citizens. And not only that but along the way he ensured doubling the revenue of Hamodia from tobacco ads by including in the law a requirement for the Health Ministry to advertise opposite every tobacco ad.

I am not sure why so many think Litzman has been an amazing Minister of Health. There are reports all the time about the hospitals failing, not enough money, patients in the hallways, not enough beds, failing cannabis reform, and so many other problems and now a blatant conflict of interest. And that is without even mentioning (though dont worry, I made sure to mention it) the assistance Litzman gave to pedophiles in prison and allegedly manipulating doctors to give falsified reports regarding Malka Leifer and her extradition case.

This report on Channel 13 News is really interesting. It says that many Israelis, including many Haredim, have found an innovative method for smuggling cigarettes to circumvent the high taxes locally on cigarettes.

Truth is, I am not even sure it should be considered smuggling, bu tit is some sort of tax avoidance. The following is the definition of smuggling:



In this case, nothing is being moved in or out of the country illegally, or even legally. The cigarettes were in Israel and stayed in Israel. So smuggling it probably isn't, but it is some sort of tax crime and maybe another type of crime as well.

Anyway, here is the innovative plan. They buy the cheapest flight available, and nowadays there are tickets to destinations that cost bupkes. For just 20-50 shekels you can get a ticket to a multitude of destinations in Europe or elsewhere. They go to the airport and buy cigarettes in duty free - and they buy far more than the legal limitations because nobody enforces that or stops them. They then intentionally miss the flight and leave the airport getting their passport stamped as having returned to Israel.

All the while, their purchased cigarettes remain in their bags which they bring home with them, and then go on to sell in their communities or yeshivas or wherever.

According to the article, because of this report, nearly 55,000 cigarette packets have been confiscated during attempts to smuggle them in (though as I said I am not sure smuggling is the right word). As well, the customs authority at Ben Gurion airport has now issued new directives that will have people checked even if they did not get on or off a flight...

So with the new directives in place, this method might have already gone the way of the dodo bird, but just as this method was discovered, it will surely be replaced, if it has not already been, with a new method. When there is a will there is a way.

I remember as a child, one of our favorite candies - not favorite as in the one that tasted the best, but "favorite" as in the one that was probably the most exciting to get - was the chewing gum that was made to look like cigarettes. The better ones had a nice powder on it and you could blow out the powder (probably powdered sugar) as if it was smoke.

INN is reporting that such candy and gum made to look like cigarettes are now banned from being sold in Israel. Even though there is nothing dangerous about them per se, they subconsciously encourage children to admire cigarettes and to consider them exciting and desirable. The goal for this change as part of the Restriction of Marketing of Tobacco products law is to prevent smoking and addiction among young people.

According to the article:

Individuals violating the law will be fined NIS 75,300 ($21,071), while corporations will be fined NIS 150,600 ($42,142).

We live in different times, but this is a good thing. There is no need to encourage kids to mimic smoking and train them to think it is fun and good to smoke.

The issue of smoking on YomTov has been discussed many times and very thoroughly by the poskim and by those who learn the topics in depth. The debate revolves, largely, around whether or not smoking is nowadays still considered important or appropriate for all people equally. Nowadays when there is a taboo against smoking and while some continue to smoke cigarettes many do not, perhaps smoking has lost the status it once held as being appropriate for everybody.

There is now a new halachic debate about smoking on yomtov, but it isnt the act of smoking that is the subject of the debate. Rather, it is a new problem caused by a recent redesign in Parliament cigarettes with the company including writing n the cigarette paper along with the company logo.

The problem with the newly designed cigarettes is that by smoking one is essentially erasing the written text.

The question was asked of Rav Binyamin Chuta, a posek and author a number of halacha seforim, and he responded saying that the prohibition of erasing is only when erasing words, not when the entire item with the surface on which words are written is being destroyed. He said there is still room to prohibit it and there is a debate about this point, so if relevant a question should be asked of a competent rav.

A Mir Yeshiva student who considers himself addicted to Parliament cigarettes claims that Rav Elyashiv held in a similar situation that the erasing in this manner is a problem. He says during Pesach he will smoke a different brand unless the manufacturer (Phillip Morris) solves the problem.

Chief Rabbi Yitzchak Yosef has said that smoking these cigarettes on yom tov would be allowed because it is a "psik reisha" that he is uninterested in the results of and it is connected only to a rabbinic prohibition. Adding to that is the fact that the words are being erased in a backhanded manner, as all the smoker is doing is inhaling the smoke and not actively erasing the words directly, so one could be lenient and smoke these cigarettes.
sources: Kikar and Kikar

According to Ladaat, the question about the kashrus of electronic cigarettes was recently brought before Rav Moshe Shternbuch.

Compared to regular classic cigarettes, the kashrus issue is different. Regarding cigarettes, the poskim have concluded that no hechsher is needed, as smoking cigarettes is "hana'a", a enjoyable benefit, but is not considered consumption or eating the product. As well, the contents of cigarettes are not considered food or edible items. Vaping with electronic cigarettes, on the other hand, is considered eating, or consuming, because the vaper is ingesting the steam, the vapor, and the majority of the contents of e-cigs are edible items.

So, the question about the kashrut of electronic cigarettes was brought before Rav Shternbuch.

Rav Shternbuch responded saying that electronic cigarettes do need a hechsher. The liquid in the e-cigs contains good flavoring that turns into vapors, and its taste is then felt inside the mouth. According to halacha, this is considered tasting.

This should clear the way for kashrus organizations to get into the e-cig business.

I am not so sure the contents of e-cigs are really so edible. From what I have read a lot of it is made up of chemicals and consuming them individually, not in the form of vaping the mixture, could be unsafe, though I have no personal knowledge of this.

If the poskim determined that cigarettes do not need a hechsher, why do Israeli cigarettes have a hechsher? Is it just marketing, like by bleach and laundry detergent?

The Economics Committee of the Knesset has approved the law proposal, to now move forward to the Knesset for final voting, regarding the advertising and marketing of cigarettes, and now including electronic cigarettes such as the now popular JUUL (and others).


The proposal moving through the system would only allow advertising cigarettes and e-cigs in printed newspapers and magazines, but not anywhere else. Additionally, the amount of nicotine in e-cigs would be limited, cigarettes and other smoking products would not be allowed to be on display openly. Additionally, the color for the packaging of cigarettes and electronic cigarettes would have to be uniform with the chosen color being Pantone 448 C - this color was voted, in 2016, as the ugliest color on the spectrum, and has thus been adopted by a number of countries as the color to be used for cigarette packaging in an attempt to make cigarettes less attractive to young potential consumers.

The proponents of the proposal, MKs Yehuda Glick (Likud) and Eitan Cabel (Hamachane Hatzioni) are proud of the accomplishment and are saying that the goal is to discourage young people from starting to smoke and to hopefully save the lives of thousands of people. Minister of Health Yaakov Litzman says that recent stats are showing that there has been a downturn in the level of smoking in Israel and hopes that with the passage that trend will strengthen and the numbers will drop even more.....
source: Globes

MKs Yehuda Glick (Likud) and Eitan Cabel (Hamachane Hatzioni) have proposed a law to limit the marketing and advertising of cigarettes ad other smoking products. Among the limitations would be a clause that such products cannot be presented openly for sale.

The result of this proposal is that kiosks and "piztutziyot" (snack shops), quick stops, convenient stores, duty free shops, etc., would not be allowed to have the cigarettes and other tobacco products out on open display.

The committee working on this bill approved it caused quite a stir, upsetting many saying it would cause a lot of harm to the convenience stores that sell so many cigarettes. Glick and others who support and promoted the bill say they are not trying to hurt the shops, and would be willing to find ways to help the shops, but cigarettes cause cancer and 8000 people die each year in Israel from smoking.
source: TheMarker

this one is all over, declaring most cigarettes as containing real chametz and therefore cigarettes cannot be smoked on pesach unless you clarify that your cigarette does not have chametz mixed into the cancer stick contents.

Smoking chametz on pesach would give new meaning to the definition of kares as a punishment..

I always wonder how nowadays, with all our knowledge that is not disputed about the dangers of cigarettes and with all the big warnings of death and poisons put on by the surgeon general, anybody in today's day and age can start smoking. I can understand someone older who is addicted and has not been able to stop, but I cannot understand people who start nowadays.

MK Yehuda Glick (Likud) has proposed a law that would make it illegal to sell tobacco products to anyone under the age of 21. 20 MKs from a variety of parties have signed on to this bill, making it likely to pass.
source: Kikar

It is a wonderful idea. The only problem with this is that it won't really help. The kids buying cigarettes at age 13 or 15, aren't going to care that the minimum age was just raised from 18 to 21. The 16 or 17 year olds also probably won't care.

I don't know if this is much of an issue for the general public or not, but it is definitely an issue for yeshiva boys. I have seen it with foreign workers as well.

Cigarettes are expensive. The country has been regularly increasing the purchase tax on cigarettes for years. This makes it, as so intended, very expensive, and thereby difficult for people with little to no expendable income to buy a pack of cigarettes.

The objective of this was ultimately to get all these people to stop smoking.

But it hasn't. At least, not for many.

There are many stores that have been selling individual cigarettes instead of the normal way, by the pack. I imagine they sell the individual cigarette at a premium, but, the point is, someone who cannot afford to walk into the makolet and buy a pack of cigarettes can walk in and buy one cigarette at a time.

No longer.

The legislative committee of the Knesset has approved a request by the Justice and Finance ministries to establish fines for the sale of individual cigarettes. Anyone caught selling an individual cigarette will be punishable with a fine of up to 4000nis.
source: Kol Hazman

That's a pretty expensive cigarette.

I wonder, though, what comes next, when this is discovered to not really work all that well, to not stop enough people from smoking? Maybe they should just cut to the chase and make smoking illegal..

Rav Eliyahu Abergil, a dayan, actually Av Beis Din of the Jerusalem Rabbinical Court, who has been featured here a number of times for his unique approach and intersting piskei halacha, has now issued another interesting psak.

According to NRG, Rav Abergil has paskened that people who smokers are not valid witnesses. His explanation of the psak is that when a person has knowledge as to the dangers involved in smoking cigarettes and continues to smoke anyway is transgressing commandments in the Torah.

While the Shulchan Aruch and the Gemara state specific behaviors or transgressions that invalidate one from being a witness, and smoking is not listed, it seems the logic here is that a willful transgression with foreknowledge is just as bad as anything listed, and maybe makes one a rasha.

Rav Abergil adds that using drugs also definitely invalidates one from being a witness for he destroys his body and soul by doing so.

Rav Abergil adds that a smoker cannot be considered a shogeg anymore, as the dangers are now known to all and the warnings are printed in large right on the cigarettes packages.

So, some say you cannot be a witness if you smoke, while others say you cannot be a witness if you use an iPhone. The two at times likely overlap in the same person, forming perhaps the devil incarnate, but plenty of other times a witness might do just one of the two. So, according to the iPhone users, the smokers weddings are invalid, while according to the smokers the iPhone weddings are invalid. this could lead to an awful lot of children who are born with spiritual blemishes coming from such unions.. I wonder if this would be treated as a situation similar to that recorded in the mishna that despite the arguments between the houses of Hillel and Shammai that did not prevent them from marrying into each others families...

The Knesset's Health Committee, headed by MK Haim Katz (LIKUD), today approved the widening of the anti-smoking laws. The comittee included more areas in which it will be illegal to smoke, and the new regulations will go into effect in 30 days.

According to the newly widened regulations, it will no longer be allowed to smoke in covered bus stops, the areas of public pools with their courtyards, the train station platforms (not including a designated area for smoking), and central bus stations (not including a designated smoking room). As well, bus drivers will not be allowed to smoke on the bus before passengers get on, people will not be allowed to smoke within 10 meters of the entrance to health clinics and hospitals. And, no longer will it be allowed to designate smoking areas in stairwells and hallways.

They wanted to also include sports arenas in the ban, but decided against it, for now.

They also are changing the percentages of how much space must be designated for smokers in cafes and restaurants. They say much of the space is not used, and not having enough space in the non-smoking sections forces non-smokers to sit in the smoking section, exposing them to second-hand smoke they are not interesting in. The new regulations say that the smoking section cannot be larger than 15 square meters. in wedding halls the size will be no greater than 25% of the seating.

This is another step in Israel's embracing a healthier lifestyle. Smokers can still smoke, though it is getting really inconvenient, but the rest of us don't need to suffer.

And, if I may, this might be a good time to point out that if smokers would smoke electric cigarettes (affiliate code with 10% discount built in) when in public, they wouldn't need to be so inconvenienced by all these changing regulations...






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Deputy Health Minister Yaakov Litzman has been working hard to cut down the amount of smoking in Israel. His recent decision to raise the price of cigarettes has particularly upset many, especially within the Haredi public.

In response, Litzman's office is being flooded with complaints about the plan. the main theme of the organized campaign is "just let us smoke in peace".

Litzman said in response to the campaign against his efforts:

I am determined, because this is about saving lives," he stressed. "There is no rabbi or posek (halachic legal scholar) who permits smoking cigarettes. We'll continue destroying this phenomenon and saving lives, because it's our duty – to take responsibility and care for the public's health.

I just saw in Germany an interesting campaign against smoking. Someone converted a hearse, a funeral car, into a taxi, and advertises it as a smoking taxi, allowing passengers using his services to smoke. The unsuspecting smoker calls for the taxi, and to his shock a hearse pulls up. He drives the passenger to his destination, all the while the fellow is shocked to be in a hearse, with anti-smoking material around him.

Four months ago, at the end of January 2011, MK Uri Ariel proposed a new law that would ban the selling of cigarettes in vending machines. At the time, the initial reading of the law was passed by a majority in Knesset of 45-1.

Yesterday, the proposal was finally finalized into law. It will soon be illegal to sell cigarettes in vending machines, and the new law will take effect as of the beginning of 2014.

It is amazing how this was not made into law many years ago. I have seen numerous young adults, even as young as 14 year olds, 15 year olds and the like, buying cigarettes in the cigarette vending machine in the shopping center near my house. Better late than never.

Interestingly, Mk Uri Ariel, the sponsor of the new law and himself a heavy smoker who successfully quit smoking, had some interesting comments on the discussion surrounding the new law. (source: Srugim) Ariel said:

• .. The problem with the machines is not just that they make cigarettes more accessible to kids, but they increase the accessibility to everyone. The less cigarettes are available, the less people will smoke...
• In response to complaints from smokers that it will be much harder for them to buy cigarettes, Ariel responded that there is no need to take into account the interests of smokers. Anybody addicted, Ariel said, can continue to buy his cigarettes in the places that will continue selling them. Whoever will be forced to buy less because of the removal of the vending machines should just say thank you to us and stop complaining. 
• Ariel said the ban would save many youth from the harm of the smoke that causes damage to the smokers as well as to those nearby. This has become a national plague that costs us billions of shekels, treating cancer and other diseases caused by smoking.

It always bothers me when I see these cigarette vending machines placed out in public places such as in the shopping centers, near candy stores, etc. How can selling cigarettes in this fashion be allowed? How many times have you seen young teenagers buying cigarettes in these vending machines? It seems so wrong for them to be displayed out in public like that.

A cross-party group of MKs sponsored a new bill to be presented as law this week that would ban such cigarette vending machines. The bill has already passed it's initial reading with an overwhelming majority, and now has to go through the process of the subsequent readings and committees. (source: Srugim)

The vote on the initial reading was to the count of 45-1 in favor of banning the vending machines. I wonder which MK voted against the proposed law and is in favor of leaving the cigarette vending machines where they are...

Perhaps we have seen the last of these machines...