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Wasting food and other items in the eyes of Halacha
Adapted by Rabbi Ariel Ovadia from a Shiur by HaRav Shmuel Felder shlit”a, Senior Posek in Lakewood, NJ
Introduction
The Torah[1] forbids cutting down a fruit-bearing tree, a prohibition referred to as “Bal Tash’hit”, and extended in Halacha to include other usable items, such as utensils or clothing.[2] Furthermore, we are mandated to recite a Beracha before and after eating so that we appreciate the food the Hashem has given us. Given these two imperatives, the Poskim discuss what is considered a proper use of food and what is considered a wasteful purpose.
“Bizuy Ochalin” – disrespecting food
The Shulhan Aruch[3] writes that one should not use bread as a base for a plate which contains food that may spill, or a cup full of liquid. One should also not toss food around if it may get ruined in the process[4]. These examples are a form of “Bizuy Ochalin” – disrespecting using edible food which is a rejection of Hashem’s gifts to us.[5] It is evident from these Halachot that not only is ruining food forbidden, but even actions that can lead to a destroying food are also forbidden.
Maran also writes that using wine for Netilat Yadayim instead of water, is also a form of disrespect for food. The Mishna Berura[6] explains that the same is true with regards to any drink, as any liquid used for this purpose would also be wasted.
Disrespecting food vs. wasting
It is difficult to understand, however, why this last example would fall under the category of the Bizuy Ochalin, a rabbinic prohibition, and not be considered a direct prohibition of Bal Tash’hit – wasting – which constitutes a Torah prohibition. Whereas in the first examples one is not necessarily destroying the food, only risking its destruction; washing one’s hands renders the wine undrinkable and should be regarded as wasting!
A destructive manner
The answer seems to be that Bal Tash’hit only applies to an action that is performed Derech Hash’hata – in a destructive manner. An action that is wasteful but if is done in the context of a constructive act, such as the example of one who washes his hands with wine, is not considered Bal Tash’hit, only a Bizuy Ochalin.
This can be derived from the language of the Rambam[7], who explicitly describes the prohibition of Bal Tash’hit with the words “Derech Hash’hata” – a destructive manner. One can also prove this idea from the words of the Mishna Berura[8] regarding Hilchot Tzitzit, where he writes that changing the kosher strings of a Tzitzit if they are worn out is not considered to be Bal Tash’hit, as it is done in order to improve the Tzitzit and not as a destructive act.
What if there is no other choice?
Does the issue of Bizuy Ochalin apply even one does not have another readily available option? For example, would one be allowed to use soda or juice that is on the table for Mayim Aharonim at a wedding or other event? Alternatively, would one be allowed to use another liquid for Netilat Yadayim when he is hiking and only has other drinks?
The Magen Avraham[9] addresses this issue and notes that the Gemara relates in various places how food was occasionally used for other purposes, such as sprinkling wine around the house to impart a fragrant smell[10] or smearing oil on one’s body for pleasure[11]. Therefore, the Magen Avraham concludes that using food for any benefit to humans is permitted[12].
Although such a distinction is logical, Maran still forbids using wine for Netilat Yadayim even though it is for a beneficial purpose. To explain this, the Magen Avraham limits his permissive approach to a case where there are no other available options, and understands that Maran was only discussing
Whereas many Aharonim follow the Magen Avraham[13], the Be’ur Halacha feels it is unlikely that Maran was discussing a case where one has readily-available water for Netilat Yadayim and still chooses to use wine. Therefore, he writes, even when there is no other choice, one should refrain from using expensive liquids for Netilat Yadayim. As for the Gemarot that seem to imply that foods can be used for other purposes, the Be’ur Halacha suggests that it this is only permitted when it is the accepted normal usage.
Using food for a snowman
There are other interesting applications of this issue. May a child make a snowman using a carrot for the nose and tomatoes for the eyes? While the carrot might remain edible afterwards, and therefore would not be subject to the prohibition of Bizui Ochalin, the tomato might be ruined. Perhaps his would depend on the dispute of the Magen Avraham and the Be’ur Halacha: while according to the Magen Avraham we might say that since there is a “constructive” purpose to using the food (entertaining the children), it would be hard to consider this the normal usage of a vegetable, and thus, according to the Be’ur Halacha, this would be forbidden.
Therefore, it would seem that children can rely on the Magen Avraham and those who follow him, but perhaps adults. Obviously, if the foods they will use will remain edible, everyone would agree it would be permissible.
Throwing candies
Another question that arises is whether it is permitted to throw candies, nuts or other snacks, at a Bar Mitzvah boy or groom in Shul on Shabbat. Certainly, candy or food contained in a wrapper or plastic bag would be permitted, as it remains edible.
How about foods that can get destroyed? The Shulhan Aruch[14] discusses throwing wheat at a Hattan and rules that it must be done in a clean location to avoid the problem of Bizuy Ochalin[15]. It would seem that this would depend on whether or not in a particular time and place people would eat this food if it was thrown.[16]
Cutting down fruit-trees
Although, from a strictly Halachic point-of-view, the essential parameter of Bal Tash’hit is whether the benefit of a certain action outweighs the loss, as we discussed, however, with regard to cutting down fruit-trees, the Mekubalim take a very stringent approach. This is because the Torah writes in this context that a person is compared to a tree. Therefore, cutting down a fruit-tree is associated with ending life and should be strictly avoided.
HaRav Felder relates how the Rabbanim were once asked about buying an empty lot and cutting down a fruit-tree in order to build on it. Due to the serious issues involved with this based on Kabbala, the Rabbanim refrained from allowing this. even though according to the strict Halacha, it would be permitted, as the lot would be used constructively (the owner ended up building a house around the fruit-tree and left it intact).
Today, however, many Poskim will allow first selling such a tree to a non-Jew and then cutting it down. Another leniency that is sometimes employed in Eretz Yisrael when necessary – is to uproot such a fruit tree and then replant it somewhere else.
Sources:
[1] Devarim 20:19-20
[2] See Rambam, Hilchot Melachim 6:10.
[3] O.H. 171, based on Berachot 50b
[4] The Mishna Berura (171:9) notes that although throwing most foods would only be forbidden if it ruins the food, bread is considered a more distinguished food, and throwing bread is forbidden even if the bread is not ruined in the process. Regarding the custom of throwing Hallah around the Shabbat table, see Mishna Berura (167:88) and Penine Halacha (Likutim 3, p.184).
[5] See Rashi (Ta’anit 20b)
[6] 171:8, see Sha’ar HaTziun 8
[7] Hilchot Melachim 6:10
[8] 15:3
[9] Beginning of Siman 171
[10] Pesahim 20b
[11] Shabbat 40b
[12] C.f. Rambam, Hilchot Berachot 7:9
[13] Including the Shulhan Aruch HaRav and the Aruch HaShulhan (171:2)
[14] 171:5
[15] See Mishna Berura, 171:23
[16] For additional discussion, sources, and applications of the general issue of Bizui Ochalin, see Piske Teshuvot 171.