In the previous shiur we dealt with the issue of under what circumstances may I ask a gentile to perform a melacha for an ill person and we laid down several foundations.

Can you present a few examples of the above halacha?

A gentile [1] may cook a hot meal for an ill person if there is no other hot food available and it is necessary for the ill person’s recuperation. Obviously this is not a blank heter to have a gentile bake and cook at whim for the ill person, rather only when necessary, such as for a woman after birth (within 30 days of the birth) who needs hot food etc.

• A gentile may turn on the lights in order to treat an ill person and turn off the lights to enable the ill person to sleep.
• A gentile may write a prescription if needed on Shabbos.
• A gentile may turn on the heating system for an ill person and in the summer, when the heat is disturbing the ill person, a gentile may turn on the air-conditioning.

Rav Sternbuch shlita added that if one knows before Shabbos that certain things will be needed, one should instruct a gentile to prepare them before Shabbos. 

How ill must a person be to permit àîéøä ìòëå"í – telling a gentile to violate the Shabbos?

We previously defined the severity of a person’s illness that would permit àîéøä ìòëå"í. A person who is less ill then that, which is defined as a ‘slight illness’, or one has a discomforting pain that does not paralyze one’s body nor does it cause one to be bedridden, is not considered a çåìä ùàéï áå ñëðä and a gentile may not be told to violate the Shabbos with an issur d’oraisso.

However, one may request a gentile to violate an issur d’rabanan for the sake of such a person. [2]

What is the source to permit this?

The Rambam writes (6:9-10) that one may ask a gentile to violate the Shabbos with a sh’vus (an issur d’rabanan) [3] when a slight illness is involved.

What is the Rambam’s source?

The gemora Eiruvin 67b says that a gentile may bring water via a rabbinical domain on Shabbos for the sake of a b’ris. The Maggid Mishne explains that the water was merely used to relieve the baby’s pain and nevertheless it is permitted. Other Rishonim however learn that it is a local heter for a b’ris, because the actual b’ris can be done on Shabbos and therefore other violations were permitted by Chazal relating to the b’ris, but in other instances Chazal never permitted anything. The Maggid Mishne concludes that the halacha is in accordance with the Rambam, and as mentioned, that is the p’sak of the Shulchan Aruch.

The problem is that one must be well versed in the intricacies of Hilchos Shabbos in order to know whether an action is an issur d’oraisso or a d’rabanan, and therefore when a doubt arises a Rav must be asked.

May a gentile be requested to violate a rabbinical violation even for the sake of a slight ache or pain?

To summarize - we learned that one may request a gentile to ‘violate’ the Shabbos and perform melachos d’oraisso for the health and medical needs of a çåìä ùàéï áå ñëðä, [4] and the gentile may ‘violate’ rabbinical prohibitions for the sake of a slightly ill person.

However, a person who is suffering from a slight ache or minor pain is not considered as being ill and a gentile may not be requested to violate any prohibitions in such instances. [5] Chazal did not permit the violation of any issurim under such circumstances.

Is it possible to be a bit more specific?

It is difficult to draw the fine line between one who is slightly ill and one who has a minor ache or pain. It would be fairly safe to say though, that a light headache or a very mild sore throat does not permit having a gentile violate anything at all. In such cases there is another issue that involves the administration of medication. Even if one is permitted to request a gentile to violate an issur d’rabanan, it must be understood how one is to administer the medication being that only one who is defined as a çåìä ùàéï áå ñëðä (bedridden or sick) may take medication. B’ezras Hashem, when we learn about medication on Shabbos we will deal with this question.

When may I request that a gentile violate the Shabbos for the sake of a mitzvah?

The question should be ‘is it permitted to request a gentile to violate an issur for the sake of a mitzvah’? The answer is not so simple.

We find a big machlokes between the Rishonim on the following issue: we know that there is a mitzvah to perform a B’ris Milah on an 8-day-old baby even on Shabbos. What happens if the mohel realizes before the B’ris that he forgot the knife at home? Is he permitted to request a gentile to perform a melacha d’oraisso and bring the knife to the baby’s house through a reshus harabim (a public domain)?

Most Rishonim [6] learn that although one may perform the actual B’ris on Shabbos, one may not instruct a gentile to violate an issur d’oraisso for the sake of the B’ris, only an issur d’rabanan.

Accordingly a gentile may not sharpen the knife but a gentile is permitted to fetch a knife and carry it through a carmelis (a rabbinic domain).

However the Ba’al Halachos Gedolos learns that one may request a gentile to violate even an issur d’oraisso for the sake of the B’ris.

What is the halacha?

We will see next week b’ezras Hashem.