Electronic cigarettes on Yom Tov

Question

Let's say someone quits smoking, and that person smokes electronics cigarettes. So regarding yom tov (chag), the only prohibition I can think of is Nolad every time you activate the heating element within the electronic cigarette. Doing this is a rabbinic prohibition. However what if the person did it in an abnormal manner (Shinui) or better yet if it's yom tov sheini. So in those two cases it's a shvus dshvus, and it's for tza'ar because lack of nicotine in a smoker causes many unpleasant side affects such as light headedness and nausea. Would the manner of using the electronic as listed above be permitted under those circumstances?

Answer 1

Electronic cigarette

An electronic cigarette (e-cig or e-cigarette), personal vaporizer (PV) or electronic nicotine delivery system (ENDS) is a battery-powered device which simulates tobacco smoking by producing a vapor that resembles smoke. It generally uses a heating element known as an atomizer, that vaporizes a liquid solution. Solutions usually contain a mixture of propylene glycol, vegetable glycerin, nicotine, and flavorings,[1] while others release a flavored vapor without nicotine.[2]

As a matter of logic, the heating element can be considered to be like a fire that is "lit". This is not only a matter of completing a circuit, but of causing something to heat up. While you might say that "cooking" the nicotine out of is sufficiently "like" ochel nefesh to be mutar, you are still creating a new "fire". Since you are producing heat, this is not like the other types of electricity uses that some people say are mutar on Yom Tov (or Shabbos) because they do not turn on a light or produce heat.

This would be analogous to turning on the stove from a completely off position and not just raising or lowering the flame.

Answer 2

Shalom u'vracha! Strictly speaking, it is forbidden because smoking is not ochel nefesh.

There is no issur of nolad with electronic devices or electricity, as explained by Chacham Ben-Tzion Meir Chai Uziel ztz"l in shu't Mishpetei Uziel and R' David Shlush ztz"l in shu't Chemda Genuza, among other poskim. Although their psak was specific to electric switches, the same can be applied to battery-powered electronic devices because the battery "contains" the power and merely transfers it to the parts of the device. Another reason for nolad to be applicable, is that it must be visible to the eye; like an egg coming out of a chicken or sparks coming out between two rocks when bringing them together(microscopic vision doesn't count in Talmudic law).

However, only ochel nefesh was permitted on yom tov and the rule is that for a non-ochel nefesh melacha to be done on yom tov is that it must be enjoyable to the general population on a similar level, which doesn't apply to smoking(cigarettes or e-cigs); rendering smoking a forbidden act on yom tov. So too, was the psak of Rav Elyashiv ztz"l.

It is my opinion that electricity is permitted on yom tov when used for ochel nefesh(like the poskim listed above and my personal reasoning), even though this is not my practice. Even though the tzibbur is machmir, it is due to the doubt of the nature of electricity and not a gezera; rendering it permitted due to it being accepted as a matter of doubt and minhag ta'ut.

For detailed sources, please comment. Not a psak! Merely my humble opinion on the issue

Answer 3

using the electric function is also a problem of binyan, at least according to the chazon ish