What may one ask a gentile to do for an ill person on Shabbos?
Up until now we have
dealt with many of the halachos relating to the critically ill
(pikuach nefesh) on Shabbos. We will now attempt to clarify
certain halachos that relate to ill people who are not in
critical danger.
Asking a gentile to
do a melacha for one on Shabbos is an issur d’rabanan
and as such, the Rambam
writes “one may ask a gentile to attend to all the needs of an ill
person. How is this done? One asks the gentile to cook, bake, fetch
medication from a different domain etc.” The reason for this heter
is because Chazal did not implement their restrictions when
illness is involved.
The Maggid Mishne
explains that the type of illness referred to is one which sends the
patient to bed or a person whose entire body is in pain from an
illness. It does not apply to slight ailments, as one is not permitted
to ask a gentile to violate an issur d’oraisso under
such circumstances.
The Shulchan Aruch
concurs with the Rambam, and the Mishna Berura adding
that one may only ask a gentile to violate a melacha when the
medication or food is necessary on Shabbos. Rav Shlomo Zalman Auerbach
ztz”l added
that it is permitted to have a gentile prepare medication on Shabbos
if it will alleviate the patient’s condition after Shabbos earlier
than if it was only prepared after Shabbos. One may not request
attention to weekday needs when these tasks can be performed after
Shabbos. In other words, asking a gentile to perform deeds using the
illness as the basis does not grant blanket permission to do whatever
one needs.
Are there limitations with respect to making requests of a gentile?
One may not request a
gentile to violate an issur d’oraisso for the sake of a person
who is only slightly ill. For example, someone with a slight pain,
which is not defined as an illness, may not ask a gentile to bring him
food from a reshus harabim. However, one may request that food
be brought via a karmelis, which involves carrying through a
domain normally forbidden mid’rabanan.
The logic of this
halacha is that asking a gentile to violate an issur is
defined as an issur d’rabanan – a sh’vus, and
when the nature of the prohibition is an issur d’rabanan
it is called a sh’vus dishvus – a double d’rabanan, which via a
gentile, may be performed for the sake of someone slightly ill.
What if one is even less ill than that, such as having a slight
headache etc?
The Shulchan Aruch
says
one with a very minor pain etc. may not have anything done for him on
Shabbos, and the Mishna Berura explains
that one may not even request a gentile to violate an issur
d’rabanan.
To summarize the
rules:
- Ill person
- one may request a gentile to violate even an issur
d’oraisso. This would include turning on lights and heating,
cooking, heating water, writing prescriptions, bringing medication
or food via a reshus harabim (a public domain) and operating
necessary medical equipment.
- Slightly ill
person – one may request a gentile to violate an issur
d’rabanan. This would include bringing necessary items via a
karmelis.
- Slight aches
and pains – one may not request a gentile to violate any
issurim on Shabbos.
What melachos may a Jew perform for an ill person whose life is not in
danger?
Since we are not
dealing with pikuach nefesh, the general rule is that one may
not perform a melacha for the sake of an ill person in Shabbos.
The reason is that Shabbos may only violated with an issur
d’oraisso for the sake of saving a life and not for any other
reason.
What if the person is in danger of losing a limb (Heaven forbid)?
The Shulchan Aruch
goes so far as to say that even when there is danger of losing a limb
one may not violate an issur d’oraisso. However, doctors
are of the opinion that in many cases where a loss of limb is an issue
it almost always involves pikuach nefesh, which permits the
violation of an issur d’oraisso.
For example, a
severed finger requires stitching and disinfection otherwise infection
can set in, which would ultimately endanger the entire body. A broken
leg could easily lead to poisoning of the blood-stream which again
involves pikuach nefesh. Therefore (this be”H should
never happen) but if it does, one must ask a competent rav whether one
may violate Shabbos in order to save a limb.