DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 1.56 MB)
Can a Person Have a Non-Jew Push Him in a Wheelchair on Shabbat?

If a person is, Heaven forbid, confined to a wheelchair, may he be pushed through a public domain on Shabbat in a place without an Erub?

It is clear that the patient is allowed to push himself, and that it is forbidden for him to have a Jew push him. But is it permissible to have a non-Jew push a wheelchair through a public domain on Shabbat?

Hacham Ovadia Yosef addresses this question in his Yabia Omer (9:34), where he writes (listen to audio recording for precise citation) that one may ask a non-Jew to push him on a wheelchair on Shabbat to attend prayers in the synagogue. He notes that according to some authorities, most public domains today do not qualify as a Halachic "Reshut Ha’rabim" with respect to the laws of Shabbat, since there are not 600,000 people going through the area. As such, according to this view, carrying in a public domain today is forbidden only on the level of Rabbinic enactment (Mi’de’rabbanan). And there is a rule regarding the laws of Shabbat that one may ask a gentile to perform an action which is forbidden for Jews Mi’de’rabbanan, if this is necessary for the sake of a Misva ("Shebut De’shbut Be’makom Misva"). Hacham Ovadia adds that even according to the view that carrying in our public domains is forbidden on the level of Torah law, the Ba’al Ha’ittur was of the opinion that for the sake of the Misva one may ask a gentile to perform even acts forbidden by the Torah. Although we do not generally follow this view, we have here a "Sefek Sefeka" ("double doubt"), as there are two Halachic controversies at play, each of which with an opinion that would allow having a gentile push one in a wheelchair for the sake of a Misva, such as to pray with a Minyan.

It should be noted that cosmopolitan areas such as Brooklyn may, indeed, qualify as a "Reshut Ha’rabim" according to all opinions, given the high volume of traffic that passes through. As such, Hacham Ovadia’s rationale clearly does not apply. Nevertheless, in places where an Erub has been erected, even for those who do not accept the Erub’s validity and do not allow carrying within it, the Erub likely has the effect of lowering the level of carrying to that of a Rabbinic prohibition. As such, in these areas one would be able to have a gentile push a wheelchair through the public domain on Shabbat for the sake of a Misva.

Summary: In areas where carrying on Shabbat is forbidden only Mi’de’rabbanan (by force of Rabbinic enactment), one may ask a gentile to push a person on a wheelchair for the sake of a Misva, such as to pray with a Minyan. This applies in suburban areas and small towns. In cosmopolitan areas, if an Erub was erected, even those who do not rely on it for carrying may allow a gentile to push somebody in a wheelchair for the sake of a Misva.

 


Recent Daily Halachot...
How A Person or Chazan Can Make Up Missed Minha Of Erev Shabbat
What Is The Rule For Travelers To and From Israel, For Barech Alenu in The Amidah Starts Earlier In Israel Than America
What to Recite in Lieu of Barechu When Praying Privately
Reciting “Lamedeni Hukecha” During the Amida to Avoid a Beracha Le’batala
Keri'at Shema Al Ha'mita
May the Hazan Recite the Repetition of the Amida if Some of the Ten People Had Prayed Earlier?
Until What Point in the Day May One Recite the Berachot of Shema?
Does One Answer “Amen” to a Beracha of Kaddish in the Middle of Pesukeh De’zimra?
The Prohibition Against Interrupting During Pesukeh De’zimra
May One Step Back for “Oseh Shalom” When Somebody is Praying Behind Him?
Reciting Hallel on Rosh Hodesh; Providing Food for Torah Scholars on Rosh Hodesh
Are Women Required to Recite Birkot Ha’shahar?
Answering “Amen” and Other Responses During Pesukeh De’zimra and During Baruch She’amar
Is it Permissible to Pray in Front of a Mirror or a Window?
The Recitation of “Baruch Hashem Le’olam” Before Va’yebarech David
Page of 239
3585 Halachot found