(By Rabbi Yair Hoffman for 5tjt.com)

Norman, Oklahoma is a city that is known for having a greater number of PhDs per capita than any other city in the United States. The percentage is some 3.6 percent.

Norman, Oklahoma, however, pales in comparison to Lakewood, New Jersey.  The percentage of Talmidei Chachomim among the general populace is far far greater than a mere 3.6%.  That is why Lakewood is justifiably known as the “city of Torah.”  It houses the largest Yeshiva in the world and more Seforim are printed there than in any city in the world outside of Israel.

This is why it is somewhat disappointing to see an ad at a number of Jewish websites that promote buying two rocks as an “allergy remedy” – where the company promoting it is based in Lakewood, New Jersey.  It is also disappointing that the stones allegedly have a Rabbi’s backing.  In fact, it is this author’s contention that the marketing of this alleged remedy may involve no less than six Torah prohibitions.

SIX PROHIBITIONS

They are: (1) MiDvar Sheker Tirchak (2) Onaas Mamon (3) Lifnei Iver Lo Sitain Michshol (4) Avodah Zarah (5) Kishuf and (6) Darchei HaEmori.

NO BRAINER

It is an absolute no-brainer that stones do not cure allergies.  One proof of this is from the Gemorah itself.  In ancient Egypt and throughout Avodah Zarah culture and societies, stones were used to allegedly cure various illnesses.  Yet, the absolutely sole Talmudic reference to the use of a stone to cure human beings has to do with pregnant women carrying a double stone only.  An Even Tekumah was used to help ensure that pregnant women not miscarry.  This indicates that all other gem therapies in the eyes of the Talmud are completely false.

Indeed, even in regard to the Even Tekumah itself, Rav Shlomo Zalman Auerbach zt”l stated (See Maadnei Shlomo page 150) that we do not know what this stone is – notwithstanding that people in a certain neighborhood sell what they claim is the stone for rip-off prices.  He also said that nowadays that we have doctors with more accurate medical technology – one should go to doctors rather than using an Even Tekuma (even if it had efficacy).

According to “In Defense of Science: Why Scientific Literacy Matters”, Scarecrow Press (2010) p. 81, “There is no scientific evidence that crystal healing has any effect. It has been called a pseudoscience. Pleasant feelings or the apparent successes of crystal healing can be attributed to the placebo effect or cognitive bias—a believer wanting it to be true.”

The website that is advertising on frum sites offers “Rapid Relief from Allergy Symptoms.”  It claims that the stones are certified by Rabbi Rephoel Szmerla (who lives in Lakewood and is the author of “Alternative Medicine in Halachah”).  The book “Alternative Medicine in Halacha” claims that the Even Tekuma is one example of gem therapy which is therefore permitted.  It is not, however, an example.  It is rather the only one that is permitted.  The general method of gem therapy that is prevalent is one where the gem is “infused” with healing qualities.  The website under discussion states this as well – justifying its $249 dollar charge.

The website further states as follows:

“The Stone Solution is a noninvasive, rapidly effective and long lasting cure developed using a unique, energetic programming technique that eliminates allergies and intolerance at the source. Soon after this set of two energetically programmed gemstones becomes your everyday companion, your symptoms will be relieved. After an extended period of time, it will heal your allergies completely, without the need to wear the stones anymore.”

Yet, in contrast to its claim it also prints a disclaimer:  “Though an effective tool for long term allergy relief, The Stone Solution does not claim to diagnose, or cure any medical condition, including allergies or intolerance..” – even though it just did.  Didn’t we just read?  “Your symptoms will be relieved .. it will heal your allergies completely”?

MiDvar Sheker Tirchak

In regard to the verse (Shmos 23:7) in Parshas Mishpatim of “midvar sheker tirchak – stay away from a false matter,” there is a three way debate as to how we understand this pasuk. The Chofetz Chaim rules in his Ahavas Chessed that there is an out and out prohibition to lie. This is in accordance with the view of some Rishonim. Other Rishonim hold that the verse is merely good advice, but not halacha. A third opinion holds that it is applicable to judges adjudicating law. Generally speaking, the view of the Chofetz Chaim is normative halacha.  Thus, the advertisements and the website is involved in a lie.

Is there a prohibition of midvar sheker tirchak, lying, if it is written down in an ad or website and not just told over orally?

Yes. The Tzitz Eliezer (volume 15, response 12) quotes the opinion of Tosfos in Bava Basra (94b), “Hachi hashta” that indeed there is a prohibition of lying in print. This is also the opinion of the Yad Rama on Bava Basra 172a. The halachos of lying to people, whether Jew or gentile, are found in Choshen Mishpat section of Shulchan Aruch (228:6).

The Rabbeinu Yonah, in his Shaarei Teshuvah (ch. 3, no. 186) tells us that the prohibition exists even if no harm comes about to the person who hears it. True, the punishment for such a lie is much less than if the lie had actually hurt the person; but it is still forbidden.  Here, however, there is both financial damage (in the $249 fee) as well as the risk that the person would avoid seeking legitimate medical care.

Onaas Mamom

This concept, found in chapter 227 of the Choshen Mishpat section of the Shulchan Aruch, invalidates a sale when the price is either 16.7 percent above or below the market value of the item. Landed properties would be excluded from this law, but it does apply both to movable properties as well intangibles.

Halachic authorities debate whether the law is applicable when there is a range of prices and no set market value (See Bais Yoseph, CM, 209 that says there is no onaah in such cases while the Bach and Shach state that there is). Rav Vosner, zt’l, in Shaivet HaLevi vol. V #218 concludes that there is onaah when there is no set price in the market, in accordance with the aforementioned Shach and Bach.

The cost of healing crystals on Amazon is $18.99.  They also don’t work, but they are much cheaper than the $249 that these stones are marketed at.  There would thus be Onaah involved in this as well.

Lifnei Iver

The general prohibition of Lifnei Iver – misleading the blind is found in Vayikra (19:14). There are three forms of the prohibition: There is (a) the notion of causing someone to stumble in Jewish law, there is (b) the notion of giving someone bad advice, and there is (c) the aspect of physically placing an object before another person that is either harmful or dangerous.

To Stumble In Halachah

Most authorities hold that one who violates type (a) is also in violation of type (b) (see Igros Moshe YD I #3, Achiezer Vol. III 65:9 and 81:17). It is interesting to note that Rav Moshe Feinstein writes that violating type (a) is a sin between man and Hashem–not between man and his friend (IM OC IV #13).

Bad Advice

But, one may ask, these stones are generally sold to only those who believe in this falsehood anyway!  The Rambam addresses this question in his comments to the Mishnah in Shviis (5:6): “This means to say that when temptation and the evil inclination have shut the eyes of an individual, do not assist him in adding to his blindness.”

While this is true regarding willful type (a) violations, it is not so clear-cut regarding a willful violation under type (b)–bad advice lifnei iver. Rav Chaim Ozer Grozinsky (Achiezer ibid) rules that when the “victim” is willfully doing something against his best interests, the Rishonim hold that there is no prohibition. Rav Feinstein, zt’l, agrees. The Rambam, however, rules that there is a prohibition (Hilchos Rotzayach 12:14). Generally speaking, the rule of thumb is to be stringent.

Physical Stumbling Block

Finally, we have the type (c) variety, a physical stumbling block. Rav Moshe Feinstein, zt’l, (YD I #3) holds that there is a violation even when the stumbler is acting willfully, while Rav Elyashiv, zt’l, (Kovetz Teshuvos I CM 219) holds that there is not. Selling cigarettes would fit in the physical stumbling block department. It may also be in the earlier categories too, because it is a mitzvah to take care of one’s health (veNishmartem).

Rabbinic Violation

There is another issue too. The Talmud (Avodah Zarah 6b) explains that the actual prohibition of lifnei iver is violated by the enabler only when the victim could not have violated the prohibition without the enabler. This is called “trei ivrah d’nahara–two sides of the river.” The classical example is of a nazir who vowed not to drink wine, and you are the only person who can hand him the wine, since it is on the other side of the river.

If the wine is on the same side of the river, or–in our case–if there is another ice-cream shop in town, it may involve a different, rabbinic prohibition called mesaya lidei ovrei aveirah–assisting the hands of evildoers.

Do we care whether it is biblical or rabbinical? Yes, we do.  The reason is that the Dagul Mervavah (on the Shach in YD 151:6) holds that when the violator is willful and it is only a rabbinic violation, there is no rabbinic prohibition either.

AVODAH ZARAH

If one examines the history of gem therapy – one sees that there were many protocols of gem healing that involved Avodah Zarah itself (see the Indian methods and possibly ancient Egypt methods).  This places energy healing in the category of safek Avodah – doubtful healing.  Some Poskim (See Asya 87-88) hold that it is forbidden on account of a doubt and others hold it is forbidden simply because it had or has an Avodah Zarah protocol.  There are videos of gem healers waving wands and such.

KISHUF

The particular stones in question are likely infused with healing power through a scientifically inexplicable method involving speech.  This may be in violation of the parameters set forth in Teshuvas Rivash #92.

DARCHEI HAEMORI

The Gemorah in Shabbos (67a) discusses the parameters of following the ways of the Amorites – a prohibition enumerated in VaYikrah 18:3.  There the Talmud tells us that [if the gentiles practice this type of healing] where there is no medically justifiable and medically understood healing benefit – it is forbidden because of Darchei HaEmori.  Rabbi Yisroel Belsky zt”l in conversation with this author stated that energy healing is a type of healing subsumed within this prohibition.  Thus according to Rabbi Belsky zt”l and others too, gem therapy involves a prohibition of Darchei HaEmori.

CONCLUSION

It is wrong to place a Rabbinic label on something that is both a false method of healing and one that takes huge sums of money from people.  Rather than risk violating six Torah prohibitions, the money spent on this type of healing should be directed toward Tzedakah.  Regular forms of medicine should be pursued rather than pseudo-sciences that charge outrageous sums.  Furthermore, religious Torah Jews should make every effort to keep our homes Torah-pure and stop emulating and adopting New-Age pseudo-science trends of the surrounding gentiles around us.  We must bear in mind the verse – “ki haim chayeinu – for Torah is our way of life.”  New Age trends are not.

The author can be reached at [email protected]