DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Blaze ben Gideon Goldstein

Dedicated By
Elke Shayna and Daniel Yaacov

Click Here to Sponsor Daily Halacha
      
(File size: 802 KB)
May a Doctor Receive Payment for Medical Services Provided on Shabbat?

If a doctor saw a patient on Shabbat, such as a doctor or midwife who was called to deliver a baby on Shabbat, may he or she receive payment for the work performed on Shabbat?

As a general rule, it is forbidden to work for money on Shabbat, unless one is also paid for services provided during the week. And thus, for example, a Rabbi may certainly receive a salary for the work he performs on Shabbat, since he also works during the week. Likewise, if a doctor receives payment for monitoring a woman throughout her pregnancy and birth, he may certainly be paid also for delivering the baby on Shabbat, since this payment is received "Be’habla’a" – meaning, it is included together with the payment for his weekday work. The question, however, arises in the case of a doctor who tends to a patient only on Shabbat, such as in an emergency, and now wants to receive payment for his services.

Hacham Ovadia Yosef, in Hazon Ovadia (vol. 6, pp. 3,8; listen to audio recording for precise citation), writes that a physician may receive payment for providing services on Shabbat, because this is considered a Misva. He explains that receiving payment for work performed on Shabbat is forbidden only by force of Rabbinic enactment, and the Sages did not apply their decree to services that constitute a Misva. Thus, for example, Hazanim may receive payment for leading the prayers on Shabbat even if they do not perform any service for the congregation during the week. By the same token, Hacham Ovadia writes, tending to an ill patient is a Misva, and therefore it is not included in the prohibition against working for pay on Shabbat.

Summary: A doctor who tends to a patient on Shabbat may receive payment for his services because this constitutes a Misva, just as a Hazan who works only on Shabbat may receive payment for his services.

 


Recent Daily Halachot...
Giving a Monetary Gift on Condition That the Recipient Later Pays a Higher Amount
The Obligation of Repayment When One Does Not Know Who He Stole From
Proper Pronunciation of Words In “Az Yashir” Is Imperative
Is It Permissible For A Son To Treat His Father In The Case Where Blood Might Be Drawn
Is It Permissible To Smell/Inhale Dairy Products Within 6 Hours After Eating Meat
Yichud: Is It Permissible For A Man To Enter A Safe Deposit Room with a Female Bank Clerk
Reciting Ashrei and Giving Tzedaka During the Minha
The Status of a Kohen who Marries a Divorcee; Laws of "Tum'a" Relevant to a Kohen
Pronouncing Hashem's Name When Reading Verses Cited in the Talmud
May A Grandfather, Son, or Grandson Immediately Precede One Another For An Aliya At The Torah
Making "Hatarat Nedarim" When One Wishes to Discontinue a Voluntary Religious Practice, and Appointing Others To Make Hatara for You
Which Beracha to Recite When Eating Rice with Vegetables
Recommended Measures for Earning Atonement During the Weeks of "Shovevim"
The Danger of Certain Speech
Calling Somebody by a Derogatory Nickname
Page of 239
3585 Halachot found