Some have the notion
that the Shabbos may only be violated by people already dealing with the
chilul Shabbos but others should refrain. Is that correct?
We
learned in previous shiurim that there is a concept that says,
'kol hazariz harei teh meshubach' which means that the quicker
the better, no questions asked. When it is necessary for the sake of
pikuach nefesh to violate the Shabbos it does not matter who
violates the Shabbos - the quicker anyone present does so is
praiseworthy.
A
doctor once told me that he was called on Yom Kippur to treat a patient
in shul and he asked an onlooker to call an ambulance. The reaction was,
“you are a doctor and you must call the ambulance”. The onlooker would
not call the ambulance, which is obviously a direct contradiction of the
halacha.
My neighbor knocks on my door on Friday night asking to borrow my car in
order to take his wife to hospital. It is not an emergency but she must
go. Must I give up my car, knowing that as a result the battery will
fail, or can I say to him that he should call the ambulance service?
We
will first present this question in a different context. Imagine days of
yore when your living room was illuminated by candlelight, your neighbor
knocks on your door on Friday night saying that he needs your candle in
order to provide light in his living room for a case of pikuach
nefesh. If you were not around he would be permitted to light his
own candle. However, figuring that since you already have a candle
burning, and carrying a burning candle is only an issur d’rabanan
whereas lighting a candle is an issur d’oraisso, he
prefers to ask you for your candle. The problem is that you will be left
sitting in the dark. Must you relinquish your candle or may you tell him
to light his own candle?
We
find a very interesting machlokes in this matter. HaGaon
Rav Pinchas Epstein ztz”l of Yerushalyim held that one must
relinquish one’s candle for the sake of the pikuach nefesh and
thus one’s friend will not have to violate the Shabbos. He goes further
and says that one must try and obtain a candle, hot water etc. from
one’s neighbor even though the neighbor will be left without hot water
or will have to sit in the dark.
On
the other hand, HaGaon Rav Shlomo Zalman Auerbach ztz”l
held
that since the person dealing with the pikuach nefesh is obliged
and permitted to light a candle for the sake of pikuach nefesh,
the neighbor does not have to relinquish a candle and thus be
left sitting in the dark.
HaGaon
Rav Moshe Sternbuch shlita learns
that indeed one need not wake one’s neighbor or call upon him to
relinquish his candle, but if the neighbor is aware of the pikuach
nefesh he is obliged to relinquish his candle even though he is not
involved.
It is very nice that we now know that there is
a machlokes, what is one supposed to do?
It
is not for us, especially through this medium, to pasken on such
a heavy issue, rather it is up to the rabbonim to give shiurim in
hilchos Shabbos and to teach these matters. Our purpose in these
shiurim is to heighten your awareness and thus enable you to ask the
right questions beforehand, should the need arise.
Can you apply the above to the car?
According to the above it is a machlokes whether one should
approach one’s neighbor for his car. Even if the neighbor is approached,
there is reason to believe that the neighbor need not provide his car
when he will incur a loss, because the person dealing with the
pikuach nefesh can call an ambulance service.
This refers only to a Jewish driven ambulance but a gentile ambulance
service is preferable to driving a car when, as explained in previous
shiurim, provided there is ample time to reach the hospital without
endangering the patient in any way.
Is the above not superfluous, when after all it
is a case of pikuach nefesh and one must be as quick as possible?
When time is a factor one must do whatever is quicker, which includes
waking a neighbor, borrowing his car, taking his light etc. The above
only refers to a case where although it is pikuach nefesh, one
has ample time to organize the situation.
We must stress
that when time is a factor or when there is doubt whether it is a
factor, one must do whatever possible to bring the patient to medical
care.