Laws of Passover

It is taught in chapter 3 of Pesaḥim that R. Ḥananiah ben R. Kiri had honey mixed in dough. He inquired of R. Mana, who said to him that he must remove it [on Passover as leavened bread].

R. Abbahu said in the name of R. Eliezer: Wherever it is stated, “You shall not eat,” “It may not be eaten,” or “You shall not eat,” these expressions indicate the presence of both a prohibition against eating and a prohibition against deriving benefit [see b. Pesaḥim 21b].

They asked him regarding this statement, “Does it apply only to eating and deriving benefit, whereas if one needs it for medicinal purposes it is permitted? If so, this would be in accordance with R. Yoḥanan, who said: One may heal oneself with any substance except for something involving idolatry, sexual immorality, and bloodshed [see b. Pesaḥim 25a]. Or perhaps there is no difference, and it is prohibited in all cases?”

“In addition, if it is prohibited, perhaps that is the law only when it is in its natural state, whereas if a medicine requires nonkosher ingredients, such as theriac, which includes the flesh of a viper, or the testicles of the animal called castor fiber [Eurasian beaver], it is permitted; or perhaps even here it is forbidden? Furthermore, consider that this viper flesh is mixed with dry, ground unleavened bread, and made into rocklike cakes, which are then dried and added to the other ingredients of theriac. If one prepares theriac in this manner and does not get rid of it before the onset of Passover, or if he derives benefit from it after Passover, is he liable? Is it comparable to Egyptian zitom [beer], which is a drink and which must be removed on Passover [see m. Pesaḥim 3:1]? Or perhaps, since it is mingled with something of a different type, as it is mixed with entirely different ingredients, which are all subsequently kneaded in yet another substance of a different type, namely, honey, and also it has great healing qualities for life-threatening situations, such as the poisonous bite of snakes and scorpions and other fatal wounds, we should therefore say that it is permitted? May our master please instruct us in this matter.”

He responded as follows: It is obvious that whatever is forbidden to benefit from due to idolatry remains prohibited even when it is required for healing purposes. For when Ravin came from the land of Israel he said in the name of R. Yoḥanan that one may heal oneself with any substance except for something involving idolatry, sexual immorality, and bloodshed. By contrast, anything that is forbidden to benefit from but not for that reason, such as leaven on Passover—and all the more so after Passover—or ‘orlah [the fruit of a tree in its first three years; see Leviticus 19:23], or a forbidden mixture of crops in a vineyard [see Deuteronomy 22:9], or a firstborn donkey [see Exodus 13:13], or meat mixed with milk [see, e.g., Exodus 23:19], these are all permitted for medicinal purposes. Certainly, this applies to theriac, which contains several mixtures. Thus, if an invalid was given a medicine that includes theriac, he may use it to heal himself, even if it contains leavened bread or leaven, if he requires it.

However, the question is whether or not it is permitted to retain it in one’s possession over Passover when there is nobody at present who requires it, merely in case of need. I have learned from the early authorities that it is permitted, and I have also observed great, pious, and holy sages making every effort to find a little bit of theriac from the royal spice-house, which they store away and leave over Passover. They maintain, as we stated above, that since it is a mixture, it is considered one type mingled with something of a different type, and therefore any leavened bread it contains is nullified by the majority. It is generally true that substances of this kind may not be kept on Passover, but here it is different because it can save lives and there is nothing equivalent that one can make after Passover as a replacement, since it is prepared only for kings. Furthermore, it must be kept for a long time before it can be used. Consequently, they would store it for medicinal purposes, and they would not get rid of it on Passover. Even though it is uncommon in our times, one who requires it may rely on the general principle we have learned, that “Any doubt involving a life-threatening situation overrides the Sabbath” [see, e.g., b. Yoma 83a]. And it was stated regarding this principle that Samuel said it applies not only to a doubt involving this Sabbath, but even to a doubt involving a different Sabbath. You too may act likewise without concern.

We maintain that the early authorities were correct in their legal ruling and their conduct in this regard. Indeed, it is explicitly taught in the Tosefta [t. Pesaḥim 3:2]: If one put flour into an eye salve, a compress, or a plaster, it is not necessary to eradicate it. Similarly, it is not necessary to remove an absorbent pad that has become spoiled; and all the more so, theriac. What is the reason for this leniency? It is because that flour is spoiled and ruined, and thus it is comparable to tanners’ bowls, regarding which we learned that one may put flour into them, as it was taught: If one placed hides into the bowl, even for a single hour before Passover, he is not obligated to remove the flour [b. Pesaḥim 45b]. The fact that these cases are taught together in the Tosefta also indicates that the same reason applies in both instances, that one need not remove the leaven in a case where one placed hides into a tanners’ bowl and then put flour into it, and likewise one need not remove the leaven in a case where one put flour into an eye salve or a compress. [ . . . ]

In general, substances that it is forbidden to benefit from, either as part of a mixture or on their own, may be used for healing purposes at a time of danger, apart from something involving idolatry, sexual immorality, or bloodshed, in which case they are forbidden even at a time of danger. Regarding other cases, if one is benefiting from them but not in the normal manner, then one may use them for healing even if it is not a time of danger, as it is permitted to heal oneself with something forbidden to benefit from, [as long as it is done] in an unusual manner. By contrast, at a time of danger it is permitted to benefit from them even if it is done in the normal manner.