The Halacha Up in the Air

The halachic discussion begins with a dispute between Abaye and Rava in Avodah Zarah 66b regarding whether rei’cha milsa hi, whether aroma has halachic significance. The Gemara discusses whether one may smell wine that is forbidden for benefit. Abaye rules that one may not, since rei’cha milsa hi—aroma has significance. Rava rules that one may, holding rei’cha lav milsa hi—smelling has no halachic substance.

Tosafos there explains that Abaye must consider smelling forbidden wine akin to drinking it. Rava, however, proves his position from the case of a Yisrael benefiting from the aroma of terumah. A non-kohen may not consume terumah but may benefit from its aroma. This would support Rava’s view that smelling is not equivalent to eating. Abaye, in contrast, would hold that smelling terumah is equivalent to consuming it, and therefore prohibited for a Yisrael (an oversimplified synopsis). We rule like Rava, and indeed the Shulchan Aruch (YD 108:5) rules that one may even draw the aroma of forbidden wine through his mouth. The simple understanding of this halacha is that aromas are not considered significant and therefore cannot be prohibited.

However, Tosafos (Avodah Zarah 12b) challenges this understanding. The Gemara there states that a Jew may not enter a store decorated with roses and myrtles used in idolatrous service, since he would benefit from their pleasant scent. According to Rava, this should be permitted because rei’cha lav milsa. Rabbeinu Tam therefore distinguishes: Rava only permitted aromas from items whose primary purpose is consumption, such as food and wine. To derive a secondary benefit such as smell from them is permitted. But when the item’s primary purpose is its aroma—as with roses or myrtles—it is forbidden.

Tosafos offers another explanation. In truth, in the case being discussed, there is no real benefit in smelling wine; its pungent aroma “burns.” The only question was whether the act of smelling was equivalent to drinking, which was disputed by Abaye and Rava. The Gemara (66b) never addressed a case of a pleasant-smelling aroma.

Practically, the Shulchan Aruch (YD 108:8) rules that one may not smell spices of idolatry, kil’ei hakerem, or orlah. The Shach notes that this appears to contradict the earlier ruling permitting smelling forbidden wine. He resolves this based on Rabbeinu Tam’s distinction: spices are primarily intended for their aroma, while wine is intended for drinking. Thus, spices may not be smelled, while wine may. Still, the Shach notes that the Gemara in Sukkah (37b) implies one may not smell an esrog of orlah. He therefore suggests Tosafos’s second explanation: that one may not smell even food items that are primarily designated for eating if they give off a genuinely pleasant aroma. The only reason the Shulchan Aruch permitted wine was that its smell is not considered pleasurable.

One might conclude from the Shach’s second explanation that he forbids smelling any aromatic forbidden food. However, the discussion there is specific to items prohibited for benefit (issurei hana’ah), such as idolatry, orlah, and kil’ei hakerem. There is no indication that the Shach holds that smelling non-kosher food is universally equivalent to eating it. Moreover, the Shach himself notes that one should be stringent, and follow the second explanation, only with items of idolatry, writing: “b’Avodah Zarah al kol panim ein lehakel”—one should not be lenient, at least in that category. Tosafos already explained that Chazal were stricter with idolatry. Yet even the Shach concedes that according to the letter of the law one may be lenient and smell food items that are forbidden from benefit but were not used in the service of idolatry (such as orlah).

The Minchas Yaakov concludes that one should not smell any non-kosher food, but this is not accepted in halacha. The Pri Chadash (YD 108:25) and Chochmas Adam (62:6) both rule leniently. Likewise, the Chofetz Chaim rules that smelling non-kosher items is permitted. The Shulchan Aruch (OC 216:2) rules that one recites the blessing borei minei besamim even on non-kosher musk. The Biur Halacha there concludes it is clear one may smell non-kosher foods. The Chofetz Chaim only cautions against smelling edible non-kosher foods, lest one be tempted to eat them.

Therefore, one may use the Air Up bottle even without kosher certification. Even if the fragrances are derived from non-kosher foods, it is permitted to smell them. There is no concern of accidentally consuming the capsules, which are not edible. The same applies to Cigtrus, which only emits aroma and not vapor.

One could still raise the concern that perhaps the aroma is derived from stam yeinam. The OU has stated that the likelihood of the flavorings coming from wine is virtually nil. Furthermore, even if they were, according to the letter of the law, one may benefit from stam yeinam today, since it is not known to be connected with idolatry. Accordingly, a Rabbinic Coordinator at the OU concluded that the Air Up bottle may be used without a hechsher. Likewise, Machon Madaei Technology l’Halacha in Israel has ruled that it may be used without certification. Copies of that ruling are available upon request at the email below.

The same reasoning applies to Cigtrus, since it involves only aroma and no vapor.

Even if one wished to be stringent like the Minchas Yaakov, his position would only apply to food items known to be non-kosher. In practice, most commercial flavorings on the market today are kosher, creating a strong rov (majority presumption) that the flavorings used are likewise kosher. Therefore, the Air Up bottle and Cigtrus device may be used without concern, and one who does so is acting fully in accordance with halacha.