ence of tallow is difficult to determine. (YD 117:15) presents both sides in a concept of sichah keshtiyah, at least in regard lengthy discussion but concludes by tak- According to some authorities, there is to Yom Kippur, is Biblical in nature. LegalEase ing a stringent position. The Taz (middle a basis for leniency in both of these 9. He notes that the Levush points out 13 14 of YD 117:4), citing the Issur veHetter, cases. , It is also important to note that there is a specific aversion to using permits the use of soaps made of non- that many liquid soaps are actually products made from pig products, kosher animal byproducts only to relieve detergent, not soap, and therefore they although this may be more of a simple discomfort. He stresses that a healthy may not contain any animal fat at all. JA revulsion than a halachic mandate. individual should not use such soaps for 10. Rav Yitzchak Ratzaby [contemporary What’s the Truth about… pleasure. The Shulchan Aruch, in the sec- Notes Yemenite posek; Shulchan Aruch Hamekutzar, tion on the laws of Shabbat (OC 326:8), 1. Soap may have already been used in YD 1 (5760), 218] similarly rules that one may lather oneself with soap made of forbid- rules that one may not use soap on the Biblical period. The word “borit” in Jeremiah 2:22 and Malachi 3:2 is under- den tallow because it is ill tasting, and that is Kosher Soap? Shabbat because of the prohibition the prevalent custom. In support, he cites against “smoothing.” Because the stood by many to refer to a kind of soap. It is possible that in the Biblical and Talmudic Beit Yosef YD 117; Kaf Hachaim OC 326:45; Shulchan Aruch does not distinguish By Ari Z. Zivotofsky periods, soap was derived almost exclusively ibid, YD 117:17; Biur Halachah to OC between kosher and non-kosher soap, the from plants. See Rashi to Malachi 3:2 and 326:10; Shu”t Tzemach Tzedek 91; Yad implication is that using any soap is Encyclopaedia Judaica 15:18-19. Ephraim to YD 95; Yechave Da’at 4:43. acceptable during the rest of the week. 2. A registered name. Interestingly, the 11. It seems that he is not agreeing with The Vilna Gaon rejects this lenient view soap’s name is based on Psalms 45:8: “All the Aruch haShulchan that everyone would Misconception: There is no to eat these fats, it is permissible to YD 117:4). They therefore prohibited and cites many early authorities who dis- thy garments smell of myrrh and aloes and permit today’s soaps. Rather, he is stating valid reason to use kosher soap. derive other benefits from them. using such soap. Of course the com- agree with the reasoning of the Tosafot. cassia, out of the ivory palaces whereby that the custom is to accept the lenient Fact: There is a solid halachic basis As an aside, there are instances when parison between anointing and drink- The Vilna Gaon therefore considers using they have made thee glad.” position of the Tosafot. for using kosher soap exclusively. it is forbidden to derive benefit from ing is not absolute. It would be ludi- non-kosher soap as tantamount to drink- 3. Based on Exodus 13:9. 12. On this topic see also Rav Elchanan Peretz, “Din Sichah Beshemen Issur” Background: People often fail to non-kosher items. Thus, for example, crous to assert that after making ing a non-kosher beverage. The Aruch 4. The boxes, hairs and sinews of tefillin (Hebrew), Mehadrin 7 (Adar 2, 5755), 76- consider what a marvelous substance the Gemara (Shabbat 28b) states3 that Kiddush on Friday night, in lieu of also must only be made from a kosher ani- Hashulchan (YD 117:29) notes that it 86. See also Torah Loda’at, 3:47 and 8:24 soap is—when used with water, it tefillin straps4 should only be made from drinking the wine, one need only seems that “everyone uses non-kosher mal, but this is a halachah leMoshe miSinai loosens unwanted particles, emulsifies and not derived from the verse in Exodus. for some of these sources, as well as other kosher animals. This principle, called anoint oneself with it. Yet the compar- soap without rabbinic objection.” He sug- laws regarding anointing on Shabbat and grease and absorbs dirt into foam. Its See also Shabbat 108a and Sofrim 1:1. mutar beficha, is codified in the Shulchan ison may be strong enough to warrant gests that even the Vilna Gaon would Yom Kippur. Additionally, the Torah efficacy is usually due to a chemical 5. See Noda B’Yehuda Tinyana (chelek 2, Aruch (OC 32:12). The Magen Avraham the prohibition of anointing oneself agree that today it is permissible to use siman 3) who has a long discussion of this Loda’at discusses other laws pertaining to reaction between an acid and a base. 7 (586:3) postulates that in regard to this with non-kosher fats. non-kosher soap, since nowadays soaps principle. He discusses issues such as pol- soap, such as non-kosher soap falling into Typically, the acid derives from either principle, all mitzvot should be patterned Those who permit soaps made of taste awful and are not even raui l’achilat ishing tefillin straps with non-kosher oil. food, chametzdik soap on Pesach and the vegetable or animal fat. Historically, after tefillin, and thus, non-kosher items non-kosher animal byproducts base kelev, fit for animal consumption.10 He also questions how the Magen use of soap on Shabbat. most soaps were made from animal should not be used to fulfill any mitz- their ruling on the position of Tosafot Because it is inedible, there would be no Avraham explains the Gemara permitting 13. See Peretz, ibid. Ironically, while 1 fats. Even today, excluding “vegetari- vah. Most others, however, contend that (Niddah 32a, s.v. ukeshemen) who prohibition against drinking it, and thus the use of an elephant for a sukkah wall. there is good reason to use kosher soap, an” soap, most soaps are made from the prohibition applies only to tefillin assert that sichah keshtiyah only applies sichah keshtiyah would not apply. See also Maharatz Chiyot to Shabbat 21; even though soap is never put in one’s 2 mouth, it may not be necessary to use animal fat. For example, Ivory soap straps. Thus, for example, the Shu”t Beit to oil but not to fat or to soaps made The Chofetz Chaim (Biur Halachah, Shu”t Chatam Sofer OC 39; and Sdei kosher toothpaste. That is indeed the opin- (advertised as “99 44/100% pure”) is, Shlomo (OC 108-109) permits using from fat. Furthermore, they (Yoma 77a, Chemed, Asifat Dinim, Ma’arechet end of OC 326), after citing both the ion of Shearim Metzuyanim Behalachah according to its web site, “made of candles made from non-kosher fat for s.v. minayin) assert that sichah keshtiyah Vilna Gaon’s stringent position and Chanukah, section 14, pp. 49-65. Drawing on a Tosafot in Sotah 17b, the (46:7; Braun on Kitzur Shulchan Aruch). both vegetable oils and animal fats.” In Chanukah and Shabbat.5 It seems that is rabbinic in nature and that the rab- Tosafot’s more lenient one, observes that Beit Yitzchak (YD 145) argues that even Rav Shmuel David Munk (Peat Sudchah, response to my telephone inquiry, the the prevailing custom is not to follow bis only applied it to specific cases such 11 the custom is to be lenient. However, the Magen Avraham would permit the use YD 84 (5749), 160;) vehemently disagrees. Procter & Gamble spokesman stated 8 the stringency of the Magen Avraham. as Yom Kippur. According to Tosafot, he continues, if kosher soap is available of non-kosher oils and waxes for use on He argues that tasting a prohibited item that the animal fats in Ivory are the The Mishnah (Yoma 73b) presents a one is not permitted to anoint oneself one should try to be stringent and use it Chanukah and Shabbat. There the with one’s tongue is at least a rabbinic pro- usually discarded tallow of beef and potential problem regarding the use of on Yom Kippur, but one may anoint exclusively. In a similar vein, the Tosafot permit writing the sotah text on hibition. This applies even if the item is pork. In addition, animal fats are the non-kosher soap. Among the pleasur- oneself with any kind of soap or fat Darchei Teshuvah (YD 117:33) notes non-kosher parchment since it will be not swallowed. He asserts that most people main ingredients in Ivory, making up able acts that the Mishnah lists as during the rest of the year. that since quality kosher soap is avail- destroyed. Similarly, the candles used for are careful to use kosher toothpaste. over fifty percent of the product. being prohibited on Yom Kippur is The position of the Beit Yosef is less able at a reasonable price, it is preferable Chanukah and Shabbat are destroyed. 14. An interesting, additional issue All fats from non-kosher animals, and anointing oneself. This is based on a clear. While he cites both the Orchot for one to use it.12 Two contemporary 6. The Talmud (Yoma 76b) further involving soap can arise in Israel. Cottonseed oil is used to manufacture certain fats known as chelev from kosher verse (Psalms 109:18) from which the Chaim who maintains that one may not authorities, Rav Moshe Stern (Be’er derives (from Daniel 1:3 and 10:12) that soap, and during and after the shemittah animals, are prohibited for consump- rabbis determined that “sichah anoint oneself with non-kosher fats (YD the prohibition of anointing is considered Moshe, 3:87) and Rav Ovadiah Yosef year, there is a fear that cottonseed oils tion. The Talmud (Pesachim 21-23) and keshtiyah, anointing is tantamount to 117) and the Rashba who has a more (Yechave Da’at, 4:43) agree that because “inui” (suffering). 7. This issue might also apply to bubble having kedushat shvi’it may be mixed into legal codes (Rambam, Ma’achalot Asurot drinking” (Mishnah, Shabbat 86a; lenient view (YD 123), the Beit Yosef today’s soaps made from prohibited fats bath. To keep the bubbles from popping while the soap. Most people are lenient in this 8:15) explain that while it is forbidden Yoma 76b).6 Because applying soap is does not comment on either opinion. have such unpleasant tastes and are floating on the hot water, hydrolyzed animal regard and do not stock up on soap before considered “anointing,” some authori- The Shach (Nekudat Hakesef, YD 117) inedible, they may be used. collagen is added. This is created from the ten- seventh-year cotton oil hits the market. See Rabbi Dr. Zivotofsky is on the faculty of ties compare using soap made from cites many authorities who permit using There are many soaps today in dons of presumably non-kosher animals. Rav Moshe Sternbuch, Shemittah Kehilcha- 9 the Brain Science Program at Bar-Ilan non-kosher fats to drinking a non- non-kosher soap. Still there are others which tallow is only a minority ingre- 8. Rambam (see Kesef Mishnah to Hilchot ta 3:18 and Rabbi Dovid Marchant, University in Israel. kosher beverage (see middle of Taz, who do not permit it. The Kaf Hachaim dient and still others in which the pres- Shvisat Asur, chap. 1) maintains that the Understanding Shmittoh 1, p. 188. Winter 5764/2003 JEWISH ACTION Winter 5764/2003 JEWISH ACTION