DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 936 KB)
Is it Preferable to Ask a Non-Jew to Perform Melacha on Shabbat When Someone’s Life is in Danger?

It is well-known that when a person’s life is in danger, Heaven forbid, on Shabbat, the day is to be treated as a weekday as far as that patient is concerned. Anything that is necessary to help a gravely-ill patient is allowed, including turning on or off lights, if this is necessary to help the patient recover. In fact, this fulfills the great Misva of saving lives. This Halacha is codified in the Shulhan Aruch (Orah Haim 278).

The question, however, arises, is it preferable in such a case to ask a non-Jew to perform the Melacha? It goes without saying that if a non-Jew is not immediately available, a Jew should perform the Melacha that is necessary to help the gravely-ill patient, and the treatment should not be delayed at all until a non-Jew is found. However, if a non-Jew is present and willing to help, would it be preferable to have him perform the necessary Melacha to avoid having a Jew perform the Melacha?

The Mishna Berura (Rav Yisrael Meir Kagan of Radin, 1839-1933), based on a ruling of the Rama (Rav Moshe Isserles of Cracow, 1525-1572) in Siman 328 (Se’if 12), writes that indeed, it is preferable to ask a non-Jew to perform the Melacha, provided that this would not cause any delay whatsoever in tending to the patient. However, this is not the opinion of the Shulhan Aruch (328:12), who writes that in a case of a threat to life, a Jewish adult should violate Shabbat to help the patient, even if a non-Jew or minor is present and available to help. Several Rishonim (such as the Tashbetz and the Rosh) explain that if a non-Jew or minor is asked to perform the Melacha, people might mistakenly conclude that this was done because rescuing a life does not override the Shabbat prohibitions. And if another life-threatening situation arises, these people would begin looking for a non-Jew, or a minor, thereby endangering the patient. This is the ruling accepted by Hacham Ovadia Yosef, in Hazon Ovadia (vol. 3, p. 283; listen to audio recording for precise citation), and by Rav Moshe Feinstein (Russia-New York, 1895-1986), in his Iggerot Moshe (5:28). Therefore, when a person’s life is in danger on Shabbat, a Jewish adult, and not a non-Jew or minor, should perform whichever Melachot are necessary to help the patient.

Summary: If somebody’s life is in danger on Shabbat, a Jewish adult, and not a non-Jew or minor, should perform whichever Melachot are necessary to help the patient. Even if a non-Jew or minor is present and willing to help, the Melachot should be done specifically by a Jew, lest people mistakenly conclude that rescuing lives does not override the Shabbat prohibitions.

 


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