Reicha - Non-Kosher Aroma (Cont'd)

QUESTION: I pass a food cart every day that sells cheesesteaks. Should I walk on the other side of the street to avoid smelling the aroma of basar b’chalav (meat cooked with milk)?

ANSWER: Aside from the prohibition of eating milk and meat together, there is also a prohibition to derive benefit from meat that was cooked with milk. The question here is whether smelling the aroma of a cheesesteak is considered a benefit.

Shulchan Aruch (YD 108:7) writes that it is forbidden to smell the aroma of spices that were used in the service of idolatry, or spices that have the prohibition of orlah or kilei ha’kerem. One is forbidden not only to eat these spices, but even to derive any benefit from them because they are issurei hana’ah. The prohibition of benefiting from issurei hana’ah extends to their aroma as well. However, spices may be an exception. The Shach (108:27) and Pri Chadash (108:25) write that it is only forbidden to smell spices of orlah and kilei ha’kerem, which are specifically designated for smell, but one may benefit from the aroma of orlah and kilei ha’kerem items that are not intended for smell. (Shach and Pri Chadash note that idolatry is an exception. One may not smell the aroma of anything used in the service of idolatry even if its smell is not its primary use.) According to this opinion, smelling the aroma of a cheesesteak is not considered deriving benefit, since this is not its primary purpose.

The Pri To’ar and Vilna Gaon disagree with the Shach and Pri Chadash. They forbid smelling all fruits of orlah or kilei ha’kerem, not just those intended for smell. According to this opinion, one may not intentionally smell the cheesesteak. The Badei Hashulchan (108:92) leaves this dispute unresolved.

Regardless of this dispute, the Shach (YD 142:34) writes that as long as one does not outright intend to benefit from the aroma and just happens to smell it in passing, he is not required to cross the street to avoid smelling it. The Chofetz Chaim (Hilchos Lashon Hara section 6) writes that this is true so long as he can possibly avoid the smell (such as by covering his nose) while remaining on this side of the street. Since it is possible to avoid, he is permitted to walk past it, even if he does not cover his nose, so long as he does not intend to benefit from the smell.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.