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Thought for the Day: Eating and Drinking Non-Kosher Food to Save Your Life

The discussion started with, "If one of the hostages in the tunnels found some water, could he use that to make kiddush?" The answer to that question is a definitive "No." You just can't make kiddush on water (Shulchan Aruch 272:9). The Mishna Brura refers us to 296:2, sk 10, and notes that you also may not use water for havdala, and that is true even if the primary beverage in your country is water; it is just not considered prestigious enough to use for kiddush. Even crazy expensive—apparently there are "extreme luxury" waters that go for more than 10k$ for a rivi'is—still can't use it to make kiddush.

Okay... but all this got me thinking... what exactly are the rules regarding eating non-kosher food when one is in danger of dying without eating that food? When I started, I was pretty sure that one would not make kiddush using non-kosher wine. Using non-kosher wine or food just didn't seem appropriate for kiddush. I also wondered what bracha—if any—one would make on non-kosher food. My reasoning was that Chazal were very specific in the text and parameters of making brachos. Consider, for example, that to make a בורא פרי הגפן/Who creates the fruit of the vine on grapes is to make a ברכה לבטלה/vain blessing. Even though grapes are quite literally the fruit of the vine.

Why is that a ברכה לבטלה? Because Chazal used the fruit in a more figurative way to mean "product for which it was planted to make." While people eat (and have always eaten) grapes, the grapes are merely one step in many needed to make wine. So too, I thought, this non-kosher food was never intended to feed a Jew, so maybe Chazal didn't fix a bracha for it. And even if they did, it might very well just be the generic/catch-all שהכל. I know, I know... you are thinking, "What was he thinking?! Those are very weak arguments. I am so disappointed. Maybe he was tired. Or, maybe, you know... he is getting older."

I am, Baruch HaShem, getting older. I am, almost always, tired... still, please bear with me.

Where would you find the whole topic of what to do when eating forbidden food in the Shulchan Aruch? Two places. First, in the siman regarding if you can include someone who has eaten non-kosher food in a זימון/formal invitation to bentch, siman 196. There you will find, in syef 2, that you do, in fact, include someone who ate forbidden food because he was in danger of dying without nourishment. The main place, though, is siman 204; a catchall siman for brachos on food that had not already been covered in the previous simanim. In syef 9, the Shulchan Aruch clearly says: If someone eats forbidden food because he is in danger of dying without that nourishment, then he makes a bracha before and after. Think that proves me wrong? Maybe it just means make a שהכל before and בורא נפשות afterward.

Now you are thinking, "So sad..." Ahem... please read the Rema at the end of syef 11, page קיג, first line. It's ok... I'll wait.....

Finished? Right, the Rema says that if one is eating something that people don't usually eat, but he is required to eat it for his health, and it does have a reasonable taste, then he makes what bracha? Right, שהכל. Our mortally ill friend is certainly only eating the forbidden food to survive—there is no greater "for his health" than that! One more thing: the Mishna Brura adds at the end of his comments on syef that is the person is just grossed out by having to eat this lobster or bacon or whatever (my free translation), then he needn't make a bracha at all.

See all my evidence? Cool, eh? One problem. One huge, big problem... Someone should say that. I mean, the Rema says it straight out about eating something that is nourishing and tasty-ish for one's health that he says only שהכל. How hard would it be to say, והוא הדין/and likewise for forbidden food eaten only because one would otherwise die for lack of nourishment?

After all that research and not finding anyone who said what I thought sounded perfectly reasonable, I went to R' Fuerst. I told the dayan my s'varos. You know what happened. He waved his hand at me and said, "No. You make the regular appropriate bracha."

I am really glad that my first inclination was wrong, for otherwise I never would have gone through the topic this thoroughly. HaShem knows His customers and knows just how to play me.

No, I didn't forget about the kiddush question. This TftD is just getting too long to even hold my interest, so I am sure y'all are approaching your TL;DR limit. Check out an upcoming TftD,  בעזרת השם.

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