QUESTION

Berkley, CA

A pregnant woman in her third trimester with low platelets has been recommended two remedies by her midwife. The first remedy (https://www.taprootmedicine.org/shop/p/strongwomansyrup) contains brandy.

The second remedy is a homeopathic product that may contain snake venom. The midwife believes that if it contains any actual snake substance, it would be in a very small amount due to the nature of homeopathy.

Can she take either of these remedies?

ANSWER

Even before considering the fact that this woman is a choleh (a person who is ill), there are good reasons to permit either of these concoctions.

Regarding the remedy containing brandy:
Brandy is fermented wine, so we are starting with an issur derabanan of stam yaynam (Shulchan Arukh, Yoreh De’ah 123:1, Shakh YD 123:1). From the fact that it is listed in the ingredients, we can assume that it is almost certainly more than 1/60, so it would not be bateil (nullified). That being said, according to Rav Moshe Feinstein (Iggrot Moshe, Yoreh De’ah 1:62-64, following the Taz, Yoreh De’ah 114:4), stam yaynam (wine produced by a non-jew) is bateil in liquids in ratios less than 1/6! Based on this, any brandy would be completely bateil; therefore, this would be no problem.

Regarding the homeopathic remedy containing snake venom:
Here we are dealing with an issur de’orayta (based on Leviticus 11:42); however, it seems that the substance in question is almost certainly less than 1/60 of the mixture, and therefore bateil. Additionally, it is likely noten ta’am lifgam (imparting a detrimental taste), which would render the mixture permitted (Shulchan Arukh YD 103:1). The fact that the ingredient was intentionally added does not prevent it from being nullified, as it was not added to achieve nullification (Arukh HaShulchan Yoreh De’ah 99:29). Given all this, it is bateil (nullified) and the remedy is permissible.

To be extra cautious, you can ask the midwife if the remedy tastes like snake. If she responds that it does not, you can be further assured that the amount is less than 1/60 and that it is also mesi’ach lefi tumo (an unintentional, candid statement) (Shulchan Arukh YD 98:1).

Bottom Line:
Both remedies are bateil, leaving a choice between an issur de’orayta that is bateil and an issur derabanan that is bateil. There could be an extensive shiur on whether there is a halakhic difference between the two, but our halakhic and religious intuition suggests that if the two remedies are equivalent, it is preferable to choose the one containing brandy, which is only an issur derabanan.

Additionally, for those concerned about the concept that ma’achalot assurot are matamtem et halev – that non-kosher food has a detrimental spiritual effect (Yoma 39a, Ramban Shemot 22:30, Arukh HaShulchan, Yoreh De’ah 81:34), and that this could apply even in cases of bitul, this concern is almost certainly limited to cases of ma’achalot assurot de’orayta.

Therefore, if the woman believes the homeopathic remedy is more effective, she should use that. If she thinks that taking both remedies would be beneficial, she can do so as well.

Choleh:
All of this is without factoring in the choleh issue. Once you consider that, then even if one were to argue with Rav Moshe and require 1/60 to be mevatel stam yaynam, it would still be only a double derabanan, – since the generally accepted pesak (halakhic ruling) is that bitul works de’orayta only if something is more than 1/8 or 1/9, we are dealing with an issur derabanan that is not bateil only mi’d’rabbanan.

Similarly, regarding the snake, even if it is more than 1/60, it definitely is less than 1/9, so we are again dealing only with a derabanan (admittedly a single one, versus the double derabanan in the case of brandy). Thus, even in these cases, we would allow it, following the position that someone can eat ma’achalot assurot mi’d’rabbanan if she is a choleh she’ein bah sakanah (see for example Teshuvot HaRadvaz 1076, and Darkei Teshuva YD 155:22;23).

And all of this is even without considering whether this could be considered a safeik pikuach nefesh (a possible life-threatening situation)!