Monday, June 18, 2012

Do toothpaste or mouthwash need a hechsher?

Question: Do toothpaste and mouthwash need a hechsher?

Discussion: The Torah[1] forbids us to eat any food that is not kosher such as meat from non-kosher animals etc.  The qualification for this prohibition is that by eating forbidden food one receives a certain enjoyment from the taste of the forbidden food[2].

Generally speaking, the torah prohibition of eating forbidden foods is through the normal manner of eating[3].  Therefore, one would only be violating the torah prohibition when they actually swallow the food.  Where as if one were to place the food in their mouth and spit it out, there would be no torah prohibition, despite having received some flavor of the food in their mouth[4].

Based on this, if one were to put in their mouth non-kosher meat and spit it out, even though their mouth has gotten some taste of the non-kosher, one would not have violated the prohibition from the Torah.

The halacha[5] states that any non-kosher food that one places in their mouth, even if they spit it out, is forbidden (at least) rabbanically.  

Another qualification of the manner of eating is that the food has to have a pleasant taste. If the food has already spoiled to the point that it is non-edible, there would be no prohibition from the Torah for eating this food[6].  However, there is a distinction between foods that are totally inedible and have lost their status as food and foods that in dire circumstances one would still eat it.  In the latter case for one to eat this food would still be a torah prohibition[7].


Based on the criteria of what is considered normal eating, if one would place in their mouth foods which are inedible completely and spit them out, there should be no prohibition at all[8]. 

The shulchan aruch[9] states that foods which are inedible nevertheless retain a rabbinic status of issur, and if one would merely eat the forbidden food itself, they would be violating a rabbinic prohibition.  However, if the food were to be mixed with a majority of other kosher ingredients, there would even be no rabbinic prohibition[10]. But if the non-kosher ingredient is one of the primary ingredients, then regardless how much kosher ingredients is mixed into it, it is still forbidden[11].

Most toothpaste and mouthwash contain ingredients of which the majority is made of kosher products and the non-kosher ingredients are considered inedible and are not of primary importance.  As such, since commonly one would spit out and not swallow the toothpaste or mouthwash, there should be no rabbinic prohibition[12].

Nowadays, most companies are producing mouthwash which contain glycerin, a sweetener and gives a pleasant taste to the mouthwash.  Likewise, children’s toothpaste and others contain glycerin.  Glycerin comes from animals that are non-kosher.

The halacha[13] is: any food that is put into a mixture to give it flavor or coloration is always considered of prime importance and can never be nullified even with being a sixtieth of the mixture.  This constitutes the toothpaste and mouthwash not kosher.

The question remains, is there any prohibition of just placing the toothpaste with glycerin in one’s mouth if eventually it will be spit out.  We’ve previously mentioned that there is a rabbinic prohibition of placing any non-kosher foods into someone’s mouth even if they will eventually spit it out.  In this case, because the glycerin gives a good taste to the mixture, the previously mentioned exemption of giving a bad flavor or making it inedible does not apply here[14].

L’halacha: Any non-flavored mouthwash and toothpaste is permissible for use.  However, ones that contain glycerin need a hechsher.  In general all flavored mouthwash and toothpaste should be checked out to make sure that the flavor is not from a non-kosher source.

Daily inspiration:
Food effects on three levels, physical, psychological, and spiritual, changing our pro-action and reaction potential. The difference being in awareness. An impaired mental state corrupts our ability of clear judgment. A weak body hampers the control of the soul.   

--------------------------------------------------------------------------------

[1] ויקרא כ, כ"ה. י"א,ט"ז
[2] עי' ב"י יו"ד סי' צ"ח
[3] עי' חולין קג: מ"מ פ"ח מאכ"א הט"ז
[4] זה סוגיא ארוכה, עי' שו"ת הריב"ש סי' רפ"ח, שו"ת צ"צ (הראשון) סי' מ"ז, פרמ"ג סי' צ"ה משב"ז ס"ק ט"ו וסי' צ"ח סק"א, שו"ת נוב"י מהדו"ת יו"ד סי' נ"ג, שד"ח כללים מערכת ט כלל ו, שו"ת הר צבי יו"ד סי' צ"ה.
[5] רמ"א סי' ק"ח:ה ש"ך שם סקכ"ד שפ"ד שם
[6] ע"ז ס"ה. וס"ח: שו"ע יו"ד סי' ק"ג:א, פס"ד צ"צ סי' ק"ג:א
[7] עי' פרמ"ג סי' ק"ג משב"ז סק"א, עי' שו"ת נודב"י יו"ד מהדו"ק סי' כ"ו, פס"ד שם
[8] שו"ת הר צבי הנ"ל, ועי' שו"ת מהרש"ג ח"א או"ח סי' כ, וס' אפרקסתא דעניא חלק ב סי' קל"ז
[9] שו"ע שם פס"ד שם
[10] שם ושם
[11] שוע"ר סי' תמ"ב:ו ועי' שו"ת צ"צ יו"ד סי' ס"ז
[12] הר צבי שם
[13] רמ"א סי' צ"ח:ח עי' ש"ך סקכ"ח, פרמ"ג סי' ק משב"ז סק"א,דרכ"ת סי' צ"ח ס"ק ק"ד ק"ה
[14] הכרעת רוב פסקים עי' פרמ"ג סי' צ"ה הנ"ל, שו"ת נודב"י יו"ד מהד"ת שם, שד"ח שם, ועוד, ועי' שוע"ר סי' תקט"ו:א,

No comments:

Post a Comment