הלעיטהו לרשע וימות: Denatured Alcohol and the Poisoned Sandwich

Deborah Blum, at Slate:

Frustrated that people continued to consume so much alcohol even after it was banned, federal officials had decided to try a different kind of enforcement. They ordered the poisoning of industrial alcohols manufactured in the United States, products regularly stolen by bootleggers and resold as drinkable spirits. The idea was to scare people into giving up illicit drinking. Instead, by the time Prohibition ended in 1933, the federal poisoning program, by some estimates, had killed at least 10,000 people. …

I did, however, remember the U.S. government’s controversial decision in the 1970s to spray Mexican marijuana fields with Paraquat, an herbicide. Its use was primarily intended to destroy crops, but government officials also insisted that awareness of the toxin would deter marijuana smokers. They echoed the official position of the 1920s—if some citizens ended up poisoned, well, they’d brought it upon themselves. Although Paraquat wasn’t really all that toxic, the outcry forced the government to drop the plan. Still, the incident created an unsurprising lack of trust in government motives, which reveals itself in the occasional rumors circulating today that federal agencies, such as the CIA, mix poison into the illegal drug supply.

By mid-1927, the new denaturing formulas included some notable poisons—kerosene and brucine (a plant alkaloid closely related to strychnine), gasoline, benzene, cadmium, iodine, zinc, mercury salts, nicotine, ether, formaldehyde, chloroform, camphor, carbolic acid, quinine, and acetone. The Treasury Department also demanded more methyl alcohol be added—up to 10 percent of total product. It was the last that proved most deadly.

The results were immediate, starting with that horrific holiday body count in the closing days of 1926. Public health officials responded with shock. “The government knows it is not stopping drinking by putting poison in alcohol,” New York City medical examiner Charles Norris said at a hastily organized press conference. “[Y]et it continues its poisoning processes, heedless of the fact that people determined to drink are daily absorbing that poison. Knowing this to be true, the United States government must be charged with the moral responsibility for the deaths that poisoned liquor causes, although it cannot be held legally responsible.” …

And the numbers were not trivial. In 1926, in New York City, 1,200 were sickened by poisonous alcohol; 400 died. The following year, deaths climbed to 700. These numbers were repeated in cities around the country as public-health officials nationwide joined in the angry clamor. Furious anti-Prohibition legislators pushed for a halt in the use of lethal chemistry. “Only one possessing the instincts of a wild beast would desire to kill or make blind the man who takes a drink of liquor, even if he purchased it from one violating the Prohibition statutes,” proclaimed Sen. James Reed of Missouri.

This exact question of the moral legitimacy of poisoning a comestible and thereby intending to harm only those who consume it illegitimately, or to deter such consumption, is the subject of Rav J. David Bleich’s fascinating article “The Case of the Poisoned Sandwich”,1 which I excerpt here, and see also this Hirhurim post. [Menachem Butler tells us that this article “formed the core of his [Rav Bleich’s] Spring 2008 class in advanced Jewish law at the Cardozo School of Law, Yeshiva University”.]

An accessible introduction to the general principle of הלעיטהו לרשע וימות is its Hebrew Wikipedia entry.

  1. Tradition, Fall 2008, Vol. 41, No. 3. []
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *