De Gustibus Non Est Disputandum

My weekly halachah column for this past פרשת שמיני:

Toward the end of parashas Shemini (11:43), the Torah admonishes: “Ye shall not make yourselves abominable with any creeping thing that creepeth, neither shall ye make yourselves unclean with them, that ye should be defiled thereby.” Although the context of this verse, at the end of the Torah’s lengthy exposition of the laws of kashrus of animals, fowl, birds and crawling things, might suggest that it refers to the consumption of those species that the Torah has already forbidden, the halachic tradition understands it as a more general prohibition against engaging in any sort of “abominable” behavior, such as holding in one’s waste (Makos 16b). [There is some debate, however, whether this general prohibition is Biblical, or Rabbinic, i.e., based on an extension of the verse beyond its plain meaning (asmachta – Beis Yosef YD #116; Pri Chadash YD 84:3; Tevuas Shor 13:2; Shaarei Teshuvah OC 3:7).]

One major category of behavior forbidden under this general prohibition is the consumption of “abominable” material. But ultimately, taste is at least somewhat subjective – as the saying goes, “al ta’am va’rei’ach ein le’hisvakei’ach”. Is the standard of “abominable” in this context determined by the eater’s subjective preferences, or by some sort of general consensus? The Pri Chadash promulgates the principle that “the standard of “revolting” is not determined by ‘most of the world’ but rather by each individual”. He therefore rules that one may eat something that most people consider revolting provided that he himself is not revolted by it, and conversely, one may not eat something that revolts him even if most people are not revolted by it. Even the Pri Chadash, however, apparently agrees that there is some level of objectivity involved here, since he concedes that something that “everyone” is revolted by may not be eaten by anyone, even one who is not revolted by it, since “his opinion is null in the face of everyone [else’s opinion]” (batlah da’ato eitzel kol adam – this is the Sedei Chemed’s (Kelalim, Ma’areches ha’Beis #79) interpretation of the Pri Chadash’s position).

[The cited sources can all be found in the typically excellent discussion of the topic at עולמות.]

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