Medicine on Shabbat: Difference between revisions
From Halachipedia
→A doctor on call
| Line 338: | Line 338: | ||
#A doctor who is on call and there is a sick patient under his or her care, some say that the doctor should stay in the hospital or nearby so that the doctor will not have to travel on [[Shabbat]]<ref>Sh”t Igrot Moshe 1:131 and Shemirat Shabbat KeHilchata 30:26 </ref>, while others are lenient if it will ruin the doctor and his family’s oneg [[Shabbat]]. <ref>Shemirat Shabbat KeHilchata (chap 40 note 71) in name of Rav Shlomo Zalman Auerbach explaining that since there is a mitzvah of oneg [[Shabbat]] one is not obligated to leave one’s home on Friday in order to avoid violation of [[Shabbat]]. For background of this topic [[Brit_Milah#Delayed Milah on Thursday or Friday|see here]]. </ref> | #A doctor who is on call and there is a sick patient under his or her care, some say that the doctor should stay in the hospital or nearby so that the doctor will not have to travel on [[Shabbat]]<ref>Sh”t Igrot Moshe 1:131 and Shemirat Shabbat KeHilchata 30:26 </ref>, while others are lenient if it will ruin the doctor and his family’s oneg [[Shabbat]]. <ref>Shemirat Shabbat KeHilchata (chap 40 note 71) in name of Rav Shlomo Zalman Auerbach explaining that since there is a mitzvah of oneg [[Shabbat]] one is not obligated to leave one’s home on Friday in order to avoid violation of [[Shabbat]]. For background of this topic [[Brit_Milah#Delayed Milah on Thursday or Friday|see here]]. </ref> | ||
#According to many poskim, a doctor who was called into the hospital for an emergency can't drive home afterwards.<ref>Even though Igrot Moshe OC 4:80 was lenient, Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:8 was strict. Rav Ovadia Yosef in Chazon Ovadia (Shabbat v. 3 p. 253) is strict. Tzitz Eliezer 21:59 writes that someone who relies on Rav Moshe has what to rely upon. | #According to many poskim, a hatzolah member or doctor who was called into the hospital for an emergency can't drive home afterwards.<ref>Even though Igrot Moshe OC 4:80 was lenient, Rav Shlomo Zalman Auerbach in Minchat Shlomo 1:8 was strict. Rav Ovadia Yosef in Chazon Ovadia (Shabbat v. 3 p. 253) is strict. Tzitz Eliezer 21:59 writes that someone who relies on Rav Moshe has what to rely upon. Shevet Halevi 6:26 and 8:87 fundamentally holds like Rav Moshe, though in practice he writes that the hatzolah should get a non-Jew to drive back. | ||
* Igrot Moshe explains that there are two types of cases where a person goes beyond techum for pikuach nefesh to save Jews. Some are cases where he knew in advance that it would likely take a long time and he would have to be there for the rest of Shabbat and others that he knew were short. The case where he went knowing that he would probably be there for the rest of Shabbat he is only granted 2000 amot but may not go beyond 2000 amot to return home. In the case where he went to save for a short emergency he may return home. The reason for this is ''hiteru sofam mishum techilatam'' (Heb. התירו סופן משום תחלתן; transl. they allowed in the end because of the beginning), meaning, that if they weren't allowed to return they wouldn't go in the first place. He proves that this allowance includes even biblical violations of Shabbat. His proofs are Tosfot Eruvin 44b, Rashba Beitzah 11b, and Rambam (Hilchot Shabbat 2:23 and 27:17). Therefore, he permitted a hatzolah member who drove for an emergency call to even drive back to his home so that they're not discouraged from going another time for an emergency.</ref> | * Igrot Moshe explains that there are two types of cases where a person goes beyond techum for pikuach nefesh to save Jews. Some are cases where he knew in advance that it would likely take a long time and he would have to be there for the rest of Shabbat and others that he knew were short. The case where he went knowing that he would probably be there for the rest of Shabbat he is only granted 2000 amot but may not go beyond 2000 amot to return home. In the case where he went to save for a short emergency he may return home. The reason for this is ''hiteru sofam mishum techilatam'' (Heb. התירו סופן משום תחלתן; transl. they allowed in the end because of the beginning), meaning, that if they weren't allowed to return they wouldn't go in the first place. He proves that this allowance includes even biblical violations of Shabbat. His proofs are Tosfot Eruvin 44b, Rashba Beitzah 11b, and Rambam (Hilchot Shabbat 2:23 and 27:17). Therefore, he permitted a hatzolah member who drove for an emergency call to even drive back to his home so that they're not discouraged from going another time for an emergency.</ref> However, most poskim including those who do not allow the hatzolah member or doctor to drive home, allow him to ask a non-Jew to drive him home. Nonetheless, this leniency does not allow him to travel home even if he's driven by a non-Jew if he went beyond his techum.<ref>Chatom Sofer (CM 94), Minchat Shlomo 1:8, Shevet Halevi 6:24, Chazon Ovadia (v. 3 p. 253). Chatom Sofer's reason is that he can use a non-Jewish driver is because if he isn't allowed then he might not go another time. Rav Shlomo Zalman questions this but writes that once the Chatom Sofer already ruled that way he isn't going to argue.</ref> Only those who are lenient for him to drive home allow him to return from beyond techum.<ref>Rav Moshe Feinstein (Igrot Moshe 4:80) allows the hatzolah member or doctor to return from beyond the techum because the call was a short call which he thought would finish before the end of Shabbat. Since if he wouldn't be allowed to return home he might not go another time, he is allowed to return from beyond techum. However, Rav Shlomo Zalman Auerbach (Minchat Shlomo 1:8) argues that he may not return from beyond techum. Chazal only permitted someone went for war and the non-Jews won to return to his original techum, however, a doctor who left his techum to save someone only has 2000 amot where he is but can't return.</ref> | ||
## According to the lenient view who allows a hatzolah member to drive home, the same could be applied to a doctor who is on call and goes into the hospital for an emergency that he can drive home. However, this does not apply to a doctor who needs to go in for rounds or scheduled hours. Since he must go in for his job, according to absolutely everyone he may not drive home.<Ref>[https://www.yutorah.org/sidebar/lecture.cfm/851379/rabbi-yaakov-b-neuburger/hilchot-amira-l-akum-and-pikuach-nefesh-on-shabbos-2nd-shiur/ Rabbi Yaakov Neuberger (Pikuach Nefesh #2 min 53-55)] explains that if a doctor has rounds that obligates him to come into the hospital on Shabbat for patients that he may not drive home according to Rav Moshe. Since he is going to come in either way at some point on Shabbat he may not drive home. He is coming in for his job and his patients. However, if he is going in because of an emergency call, even if he is on call, he may drive home according to Rav Moshe. Since whether he goes in depends on a judgement call he may drive home. Rav Mordechai Eliyahu (Sht Harav Haroshei v. 2 ch. 42 n. 11 p. 595) also writes that a doctor on call ideally he should go back with a non-Jew but if he can't he could even drive himself back home. He is based on Igrot Moshe. Divrei Binayahu 23:37 applies Rav Moshe to a doctor on call as well.</ref> | ## According to the lenient view who allows a hatzolah member to drive home, the same could be applied to a doctor who is on call and goes into the hospital for an emergency that he can drive home. However, this does not apply to a doctor who needs to go in for rounds or scheduled hours. Since he must go in for his job, according to absolutely everyone he may not drive home.<Ref>[https://www.yutorah.org/sidebar/lecture.cfm/851379/rabbi-yaakov-b-neuburger/hilchot-amira-l-akum-and-pikuach-nefesh-on-shabbos-2nd-shiur/ Rabbi Yaakov Neuberger (Pikuach Nefesh #2 min 53-55)] explains that if a doctor has rounds that obligates him to come into the hospital on Shabbat for patients that he may not drive home according to Rav Moshe. Since he is going to come in either way at some point on Shabbat he may not drive home. He is coming in for his job and his patients. However, if he is going in because of an emergency call, even if he is on call, he may drive home according to Rav Moshe. Since whether he goes in depends on a judgement call he may drive home. Rav Mordechai Eliyahu (Sht Harav Haroshei v. 2 ch. 42 n. 11 p. 595) also writes that a doctor on call ideally he should go back with a non-Jew but if he can't he could even drive himself back home. He is based on Igrot Moshe. Divrei Binayahu 23:37 applies Rav Moshe to a doctor on call as well.</ref> | ||
#If someone leaves to leave the techum for an emergency such as for a woman giving birth or a hatzolah member, he doesn’t need to remove any extra clothing he’s wearing even though he’s bringing those clothing beyond the techum. Some say that he should make those clothing ownerless before Shabbos if he knew that it would happen.<ref>Torat Yoledet (p. 40 and Umasfim Utikun siman 2) writes that he doesn’t need to take off his extra clothing like his jacket or tie as the earlier poskim didn’t mention this. He quotes Rav Elyashiv who says that the clothing which are necessary are considered nullified to the person’s body. Rav Shlomo Zalman Auerbach (Shemiras Shabbos Kehilchata ch. 42 fnt. 136 and Minchat Shlomo 1:15) explains that the clothing’s techum follows his techum when he leaves for an emergency. Minchat Yitzchak 9:37 and Techumei Shabbat (Miluyim 29 p700) also permit for other reasons. Torat Hayoledet 2:4 quotes Rav Chaim Kanievsky as holding that he should make his clothing ownerless before Shabbat and then they won’t have a techum. Teshuvot Vahanagot 5:89 agrees. Techumei Shabbat quotes Rav Pinchas Sheinberg who argues with this suggestion because his intent is to reacquire it after Shabbat. </ref> | #If someone leaves to leave the techum for an emergency such as for a woman giving birth or a hatzolah member, he doesn’t need to remove any extra clothing he’s wearing even though he’s bringing those clothing beyond the techum. Some say that he should make those clothing ownerless before Shabbos if he knew that it would happen.<ref>Torat Yoledet (p. 40 and Umasfim Utikun siman 2) writes that he doesn’t need to take off his extra clothing like his jacket or tie as the earlier poskim didn’t mention this. He quotes Rav Elyashiv who says that the clothing which are necessary are considered nullified to the person’s body. Rav Shlomo Zalman Auerbach (Shemiras Shabbos Kehilchata ch. 42 fnt. 136 and Minchat Shlomo 1:15) explains that the clothing’s techum follows his techum when he leaves for an emergency. Minchat Yitzchak 9:37 and Techumei Shabbat (Miluyim 29 p700) also permit for other reasons. Torat Hayoledet 2:4 quotes Rav Chaim Kanievsky as holding that he should make his clothing ownerless before Shabbat and then they won’t have a techum. Teshuvot Vahanagot 5:89 agrees. Techumei Shabbat quotes Rav Pinchas Sheinberg who argues with this suggestion because his intent is to reacquire it after Shabbat. </ref> | ||
# If the hatzolah member evalues that probably the ambulance will be necessary for another call later that Shabbat he can drive it back according to everyone.<Ref>Rav Moshe (Igrot Moshe 4:80) writes that it is permitted to drive back the ambulance if it is common that they're need it later that Shabbat. Shevet Halevi 6:26 also allows it and explains that it is considered pikuach nefesh where the need is common. It is considered like choleh lifanenu.</ref> | |||
==Public Safety== | ==Public Safety== | ||
