Answer by Mendel Zirkind, son of the late Crown Heights Rabbi Yitzchok Zirkind OBM. The Halachic conclusions are his own. Ask a Rov for a practical ruling:
Shulchan Aruch writes[1]: “If one has a life threatening illness, he may be healed by eating non-kosher food in the usual manner. However, if his illness is not life threatening, he may eat them for healing only in an unusual manner (shelo k’derech hana’aso/achiloso).”
The Shach[2] rules based on this, that one is allowed to eat the raw fat of a pig for healing purposes, since eating raw fat is never considered to be a usual manner of eating.
Regarding chometz on Pesach the same principle applies and as long as there is some degree of severity to an illness, although not life threatening (choleh she’ain bo sakana), one may be able to take chometz medications in an unusual manner.
However, there are three forms of taking medication: 1) chewable tablets 2) pills swallowed 3) lotions, creams, and eye drops administered externally.
Chewable Tablets:
In general, the Torah prohibition only applies to chometz that is fit for human consumption, and once an item has become inedible to the point that even a dog wouldn’t eat it, nifsol m’achilas kelev, it loses its status of biblical chometz.[3]
Nevertheless, Shulchan Aruch[4] forbids a certain medical potion even though it was not fit for human consumption at all. This is based on the opinion of the Rosh,[5] who writes that even if chometz has lost its status as food before Pesach one is not allowed to eat it on Pesach because by choosing to eat it you are showing that you still personally consider it food. This concept is called “achshevei.”[6]
Chewing medicine is considered the “usual manner of eating” and is thus forbidden in non life-threatening situations, even if the chametz ingredients are not generally fit for human consumption.
There are those that argue that if the desire of the person taking the medicine is solely for the healing ingredients which are not chometz, the chometz ingredient is still considered to be of no value to him, and therefore we should not apply the concept of achshevei, and the medicine would be permitted. Yet even these opinions are only lenient if you know definitively that the chometz ingredient itself was nifsol m’achilas kelev before being included, and this is very difficult to ascertain.[7]
Therefore both flavored and unflavored chewable tablets should not be taken on Pesach.[8]
Swallowing Pills:
The Gemara[9] says that if one swallowed matza by the seder without chewing it, he fulfilled the obligation of eating matza.
The Noda beYehuda[10] writes based on this that swallowing without chewing is considered the usual manner of eating (derech achilaso), and accordingly, swallowing pills should have them same rules as chewable tablets mentioned above.
However Rav Shlomo Zalman Auerbach[11] holds that this is limited only to foods, like matza, which are usually chewed but now this person wants to swallow them whole. However, pills, which are always swallowed whole, are not considered to be being eaten in a usual manner, and therefore are permitted to take. Rav Chaim Ozer Grodzinski,[12] also basing himself on the Noda beYehuda, prohibits them.
To satisfy all opinions, it is best if you wrap the pill in paper and then swallow it, as this is certainly not considered a usual manner of eating, and the Gemara there notes that matza eaten in such a manner does not count.[13]
Lotions, Creams, and Eye Drops:
Today, many ointments, lotions, creams and eye drops contain alcohol which is chametz. There are two main issues to consider: 1) Is this considered the usual manner to benefit from the chometz (derech hana’asan), like eating? 2) Is anointing the equivalent of eating (sicha k’shtiya)?
Derech Hana’asan:
As explained above, an ill person who is not in life-threatening danger is only allowed to take prohibited medicine in unusual manner. Since using lotions, creams, and eye drops are considered to be a usual manner of their usage, if they contain alcohol, I may assume they should be forbidden.
However, here the alcohol is certainly not fit for human consumption and is nifsol m’achilas kelev, and we do not claim that “achshevei.” The Shulchan Aruch HaRav[14] writes that if one is permitted to have it in his possession over Pesach, they are also allowed to have any kind of benefit from it, like anointing.
Therefore Rav Moshe Feinstein[15] writes that these products that contain alcohol are permitted to use on Pesach. (It should be noted that this is only if the product was made before Pesach).
Sicha K’shtia:
The Gemara[16] teaches that smearing oneself (sicha) is equivalent to drinking (shtia), and just like drinking on Yom Kippur is forbidden[17], smearing lotion is too. So is smearing products which contain alcohol or other chometz on your body during Pesach like drinking the chometz?
Tosfos[18] quotes Rabbenu Tam who says that the concept sicha k’shtia only is applied to oil and not anything else. Products containing alcohol are fine.
Likewise, there are many[19] who hold that sicha k’shtia applies only to the laws of Yom Kippur and Terumah and nothing else, and only when the rubbing lotion is for pleasure and not for health purposes.[20]
Conclusion:
Excluding situations of danger to life, you should not take chometzdik chewable tablets on Pesach. Regarding pills swallowed whole, if you cannot get kosher l’Pesach pills, you should wrap the pill with paper before swallowing. Lotions, creams, and eye drops which contain alcohol are permissible.
Note: In cases of life threatening illness all chometz is permitted, while conversely, if you have only a mild and bearable headache it is virtuous to be stringent.[21]
[1] שו”ע יו”ד סי’ קנ”ה:ג
[2] שם סקי”ד
[3] שועה”ר סי’ תמ”ב סעי’ כא
[4] שו”ע או”ח סי’ תמ”ב:ד
[5] עי’ שוע”ר סי’ תמ”ב:כ”ב ובקנט”א שם
[6] עי’ רמ”א יו”ד סי’ קנ”ה:ג ודרכ”ת שם סקכ”ח, ושו”ת שג”א סי’ ע”ה, ושו”ת אחיעזר ח”ג סי’ ל ול”ג, ושו”ת אג”מ או”ח ח”ב סי’ צ”ב וח”ג סי’ ס”ב, ושו”ת יחוה דעת ח”ב סי’ ס’.
[7]אות א’ שו”ת ח”א סי’ י”ז, ולהעיר משיטת החו”ד בביאורים ליו”ד סי’ ק”ג
[8] עי’ שו”ת אג”מ שם ויחו”ד שם
[9] פסחים קטו:
[10] שו”ת נובי”ד מהד”ק יו”ד סי’ ל”ה ועי’ דרכ”ת יו”ד סי’ קנה סק”ו
[11] מנחת שלמה שם
[12] שו”ת אחיעזר שם
[13] עי’ מל”מ פי”ד מהל’ מכל”א פי”ב פסחים קטו:
[14] שוע”ד סי’ תמ”ב:כד
[15] או”ח ח”ג סי’ ס”ב
[16] נדה ל”ב ע”א
[17] רמב”ם ושו”ע הל’ יו”כ
[18] שם ד”ה וכשמן
[19]על ט”ז סק”ד שם עי’ נקודות הכסף יו”ד סוס”י קי”ז
[20] מחנה אפרים הל’ מאכ”א דף כב
[21] עי’ שו”ת יחו”ד שם, ושו”ת מנחת שלמה שם, ושו”ת צי”א ח”ו סי’ ט”ז
Vitamins, prescribed by a doctor. The tablets are gluten free, made in a GF facility, with a chof k hechsher. (Solgar brand). I’m sure there is no chometz in them, but kitnyot is possible. Please remember, though they were bought over the counter, the doctor has instructed the patient (a middle age adult with digestive tract disease and food allergies) to take these.
What is important to tell the posek?
What doesn’t he need to know?
Its a pity we didn’t have this before Pesach
Y not bring more Shitas from Reshonim besides the Rosh & Rabeinu Tam so we could c how the Reshonim hold & the different shitas
It would be a good idea that this article be presented to one of our rabonim to look over and give his Haskomo to the above and add their comments if indeed there are.
All in all it is a good article and subject of interest to the community.
Thank you for this..