May
one violate the Shabbos for someone who is ill?
Since there are many types of illnesses and ailments we
must first categorize them and then see whether Shabbos
may be violated for each category.
The
first category belongs to the critically ill.
This
includes a very large range of cases, beginning with the
terminally ill (Hashem Yishmor) and concluding
with injuries of various degrees that are life
threatening.
The
Torah says as follows (Vayikra 18:5):
åùîøúí
àú ç÷úé åàú îùôèé àùø éòùä àúí äàãí åçé áäí åâå'.
The gemora in Yumah 85b learns from this
possuk that one is not to surrender one’s life in
face or on account of a mitzvah (unless it involves one
of the 3 cardinal sins: idolatry, adultery and murder).
[1]
Shabbos is not one of the cardinal sins and therefore
Shabbos must not stand in the way of saving a Jewish
life. Accordingly, when faced with the choice of either
not violating the Shabbos or saving a person’s life, one
must save the person’s life.
I
understand this when dealing with an injury, assault
attack etc. How does this relate to ill people?
People lying in the ICU (intensive care unit) are
critically ill to the point that their life is in
danger. When treating these patients on Shabbos, one
must not withhold any treatment that could or might have
a positive effect on the patient. Even if the effect of
the treatment would only be apparent after Shabbos, if
it stabilizes his condition or improves it in any way,
it must be done.
Does it make a difference whether one violates an issur
d’oraisso or d’rabanan?
Not when treating the critically ill.
May Shabbos be violated in the normal manner for an ill
person?
This is far more problematic, and although we will
be”H attempt to lay down a few basic rules, one is
obliged to learn these halachos thoroughly. As a
matter of fact the Shulchan Aruch says the
following:
“One who is faced with a life threatening situation has
a mitzvah to violate the Shabbos, and whoever is quick
in doing so is praiseworthy, and one who asks (a Rav) is
like a murderer. The Yerushalmi adds
and the one who is asked is
disgraceful”.
The one who asks is like a murderer because if one is
afraid to violate the Shabbos when faced with a life
threatening situation before asking one’s rav whether
one is permitted to do certain actions, one will
inevitably endanger that person more than necessary and
thus bring about his demise. In such circumstances one
must not ask any questions. This does not mean that one
is exempt from learning the halachos of how to
treat an ill person on Shabbos, because if one is able
to do it in the correct manner, as we will see that
there are many details involved, one is obligated to do
so.
The rav who is asked is disgraceful because he should
have organized shiurim in hilchos Shabbos and
thus teach his community the correct manner of action
when dealing with pikuach nefesh – life
threatening situations.
If everything may
be done in case of pikuach nefesh, what is there to
teach (or ask)?
There are many details, as we will see. We
must differentiate between treating patients who require
immediate medical attention and others who do not
require it immediately, and between direct and indirect
treatment.
The gemora
says the following: Pikuach
nefesh is not attended to by gentiles or children,
rather by the elders of Israel.
Who are the “elders of Israel”?
From the Rambam we see that he understood it to
mean the sages of Israel and not merely adults, as he
used the term
âãåìé éùøàì åçëîéäí.
The Shulchan Aruch HaRav 328:13 explains that
when sages attend to pikuach nefesh it serves as
a lesson as to the correct attitude one is to have when
attending to pikuach nefesh and it shows the
halacha l’ma’aseh.
The Beis Yosef understands that it means adults
of Israel, i.e. males who are of bar-mitzvah age.
Accordingly he rearranged the wording of this statement
in the Shulchan Aruch and wrote
éùøàì âãåìéí åáðé ãòú,
Jewish adults and of sound mind.
Should one preferably
have a gentile violate the Shabbos for an ill person?
The advantage of a gentile violating the Shabbos as
opposed to a Jew is that instructing a gentile is merely
an issur d’rabanan whereas a Jew violating the
Shabbos is an issur d’oraisso.
However, as mentioned, when it comes to pikuach
nefesh (lifesaving) the Rambam prefers the
wise men, the Talmidei Chachamim, to violate the
Shabbos and not an average Jew. The Beis Yosef is
not as demanding as it is suffices if Jewish males deal
with the pikuach nefesh as opposed to women,
children and gentiles.
What is the advantage
of wise men and adult Jewish males?
The Shulchan Aruch HaRav 328:13
explains that when sages attend to pikuach nefesh
it serves as a lesson as to the correct attitude one is
to have when attending to pikuach nefesh. A
similar idea can be said when a male must deal with
pikuach nefesh. The following narrative will
elucidate this concept.
A lady in shul was not feeling well on the night of
kol nidrei and medical attention was urgently
needed. Nobody at the scene was prepared to “violate”
Yom Kippur in order to summon an ambulance, save for one
woman who dialled the medical service. From that day on
she was labelled the “Shabbos Goy”.
This halacha teaches us that the contrary is
correct. It is men, and some learn that talmidei
chachamim, who must violate the Shabbos in order to
demonstrate the vitality of the need to violate the
Shabbos to save a Jewish life. In this case, the woman
who called the ambulance service performed a huge
mitzvah
and the others who stood by,
Hashem Yerachem…
Women must
adhere to the laws of Shabbos just as much as men, so
why does the Mechaber say that Jewish men should
deal with pikuach nefesh?
The poskim
explain that if one would instruct
a woman to violate the Shabbos, people are liable to
think that, for whatever reason, only women may violate
the Shabbos, and when a case of pikuach nefesh
arises and women are not present, men will not want to
violate the Shabbos.