By Rabbi Yair Hoffman for the Five Towns Jewish Times

In the first week of January, a New Jersey native was Colorado’s first fatality in the 2016 skiing season. He was actually snow-boarding, and not skiing. But this does give rise to a question. Is skiing an activity that Halacha permits or forbids?

IMPORTANCE OF SAFETY

Safety is an extremely important issue in Halacha.

Most people believe that the issue is so important that there is a Mitzvah in the Torah about it. This view, however, is not so accurate. There are actually three Mitzvos in the Torah that deal with safety. The first mitzvah is “ve Nishmartem me’od b’nafshosaichem” (Dvarim 4:9)–the mitzvah of protecting our health and well-being. But there is a second verse six verses later (Dvarim 4:15), “Rak hishamer lecha.”

This verse is understood by most Poskim to actually comprise a second mitzvah to take special care (see Rav Chaim Kanievsky: Shaar HaTeshuvos #25). The third mitzvah is “V’Chai Bahem”–And you shall live by them (VaYikra 18:5).

We thus have three separate Torah Mitzvos involving safety.

TO MAKE EVERY EFFORT

There is more too. The Ben Ish Chai writes a person should make every effort to ensure the general safety of himself and those around him (Parshas Pinchas year cycle #2). The Turei Zahav in his commentary to Choshain Mishpat (427:10) cites a midrash on Shir HaShirim saying that when one does this and protects himself from dangers and damage, he is protected, and receives extraordinary credit for the mitzvah too.

So is skiing forbidden?

To ascertain the answer to this question, the first question we need to ask is how many people die annually on average from skiing and snowboarding accidents?

According to the National Ski Areas Association, an average of 38 people in the U.S. are killed each year while skiing or snowboarding. Colorado accounts for about 25% of these deaths each year.

But there are millions of people who ski each year. In last year’ season Colorado logged some 12.5 million skier visits. In the entire country there are some 53.6 million skier visits, as reported by SnowSports Industries America.

FATALITY STATISTICS

So how many die? This means the death rate for skiing is about 1 in 1.4 million people die when they ski. You’re more likely to be killed driving your kid to Yeshiva.
Where do most of the fatal accidents in skiing actually happen?

The fatal accidents happen in the well-groomed blue cruiser trails where the average speed of skiers ranges from 25 to 40 mph.

MEN ARE WORSE

Who is most at risk for dying while skiing and snowboarding?

Believe it or not, it is more dangerous for male skiers. Dr. Jasper Shealy of the Rochester Institute of Technology has studied ski-related injuries for more than 30 years. His studies have found that 70 percent of ski fatality victims are men ages late teens to late 30s.

Of the 35 national fatalities in the 2014-15 season, 28 were male skiers and one was a woman skier. The other six death were on account of snowboarding. All six of the snowboarders were women.

DEBATE ON DANGER LEVELS

There is a fascinating debate between Rav Moshe Feinstein zt”l in his Igros Moshe (CM I 427:90) and Rav Chaim Ozer Grodzinsky zt”l in his Teshuvos Achiezer (Vol. I #23) as to how halacha views various risk levels. There is a halachic concept based upon a verse in Tehillim (116) known as “shomer p’sa’im Hashem – Hashem watches over fools.” The Talmud (Shabbos 129b, Yevamos 1b) uses this idea to permit certain behaviors that would otherwise be considered dangerous. It is utilized in combination with the idea of “kaivan d’dashu bei rabim – since the masses have already treaded there” we apply the idea of Hashem watches over fools and permit the item under discussion in terms of halacha.

SOCIAL ACCEPTABILITY VERSUS STATISTICAL DANGER

Rav Feinstein zatzal seems to interpret this concept as social acceptability – in other words, if the danger is not one that is socially acceptable, then the danger is not halachically permitted, because the verse of “veChai Bahem” comes into play and the person would be in halachic violation of endangering himself. For example, travelling 62 miles an hour in a 55 MPH zone may be silly, foolish, illegal and dangerous, but according to Rav Feinstein’s parameters it would not be a violation if it was socially acceptable. Travelling 90 MPH in a 55 MPH zone is not socially acceptable and would therefore be a full violation of Halacha as well. Skiing is a socially acceptable form of sport activity. According to his view it would probably be permitted.

According to Rav Chaim Ozer Grodzinsky, the concept of Shomer p’sa’im Hashem was only applied in the Talmud to remote concerns and a situation where there is only a small percentage of a small percentage of danger. It seems to this author that Rav Chaim Ozer is taking into account empirical data in the halachic definition of what constitutes a danger much more so than does Rav Feinstein. Rav Feinstein’s halachic definition is more predicated upon the public perception of the danger.

It would seem that according to both opinions skiing would be a permitted activity. However, each person should pose the question to his or her own Rav or Posaik. The author has been told that one of the Gedolei HaDor had actually forbidden it. It is unclear whether the disapproval was from the perspective of “What do you need it for?” or whether he holds that it is genuinely forbidden.

EXTREME SKIING

On the other hand, extreme skiing is neither socially acceptable nor is it statistically safe. What is extreme skiing? It is a form of skiing that is generally performed on long, steep slopes in mountainous terrain. Typically the slope ranges from 45 to 60+ degrees, or grades of 100 to 170 percent. The French cactually coined a term for it as early as the 1970’s. It was called, ‘Le Ski Extreme.’ Among the first practitioners was Swiss skier Sylvain Saudan. In 1967, he made the first descents of slopes in the Swiss, French and Italian Alps that were previously considered impossible.

Older readers will recall the invariable broken leg that often accompanied ski trips in the past. By and large this form of injury has been virtually eliminated as the technology of the equipment has vastly improved since those times. The emphasis upon safety in the sports manufacturing world has developed great change. These changes could very well affect the halacha. One thing that has not changed, however, is the fact that skiing does involve a lot of bitul Torah. That being the case, it should only be done by those who need the diversion.

The author can be reached at [email protected]