משלוח מ(נ)ות: Sending Dangerous Foods for the Mitzvah

As we approach Purim, I’d like to examine the mitzvah of mishloach manos. The Mechaber in Siman 695 says that “One is obligated to send to his friend two types of foods as the pasuk in the Megillah says, ומשלוח מנות איש לרעהו because מנות is plural, and רעהו is singular, we are obligated to send two gifts to one person. The obligation to send these gifts is not merely a trick-or-treat celebration but is intended to increase friendship and closeness within the community. As such, to fulfill the mitzvah, one must send his friend foods fit for the friend to consume. Accordingly, if one sends a mishloach manos of Pas Akum or Chalav Stam to someone who is stringent in these areas, the sender has not fulfilled his or her obligation because this food item will not enhance the recipient's joy on Purim.

This leads to a fascinating discussion between the leading Poskim of recent times and Rabbi Dr. Sofer, the author of Nishmas Avraham. Rabbi Sofer argues that one should not fulfill their obligation by sending sugary foods to a patient on a sugar-free diet because they will be unable to enjoy this food, and as such, the manos sent did not benefit the recipient. He argues this is similar to the case of mistakenly presenting someone with a non-kosher animal or Chalav Stam to one who keeps Chalav Yisroel, where the Shaarei Teshuva rules that this does not fulfill the mitzvah.

However, R’ Ovadia Yosef, R' Shlomo Zalman, and R’ Zilberstein all ruled against Rabbi Sofer and said that sending sugar to a sugar-free patient would be a halachic fulfillment of the mitzvah of mishloach manos. R’ Ovadia’s reason was that the recipient could share the food with other members of their household, thus deriving (indirect) benefit. R’ Shlomo Zalman and R’ Zilberstein based their ruling on the understanding that the specific details of each mitzvah are given on a communal level and will not vary based on a unique circumstance. Because most people will appreciate and enjoy sugary food, this constitutes a food item that can be used for mishloach manos.