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...
Passover- Searching for Hametz in the Synagogue
Passover- Do Not Regard Meat As 'This Is For Pesach'
Passover- If A Hametz Pot Was Mistakenly Used For Pesach Cooking
Passover- The Laws regarding Glass Dishes On Passover and Throughout The Year
Passover- The Time To Start the Seder and Saying HALLEL At The End of The Seder
Passover- The Importance of MAGID In The Seder , and Leaning on the Night of Pesach
Passover- Is It Permissible To Drink Milk from A Non-Jew Owned Farm Cow Which Itself Consumed Chametz
Passover- Kashrut Questions and Answers Regarding Baby Formula, Sugar, Rice, and Food for Live Fish
Passover- Is It Permissable To Eat ROASTED Foods On Seder Nights
Passover- If A Tiny Amount of Hametz Falls Into A Pot & Cooking in Hametz Pots
May Two People Eat Meat and Milk at the Same Table?
Smelling Forbidden Foods; Heating Meat and Dairy Foods in a Microwave Oven
Drinking Non-Dairy Milk While or After Eating Meat
Serving at a Meat Meal Parve Foods That Were Served at a Dairy Meal
Is It Permissible to Use A Meat Pot To Cook A Parve Item That Will Be Mixed With A Dairy Item
Page of 239
3585 Halachot found