...Continued from previous week
1) In a situation where we would rather have an Aino Yehudi do the melacha for the patient, but none can be located, it is proper, if possible, to have a minor perform the necessary melacha and not an adult Jew. (See Mishna Berura Siman 328 S"K 36). If a minor who has not yet reached Chinuch age is available to do it, that is preferred over a minor who has already reached the age of Chinuch (See Shu"t Shevet Halevi Vol. 6 Siman 38:1)
2) If a melacha that must be done on Shabbos on behalf of a Choleh Sheyaish bo Sakana can just as easily be done with a Shinui (in a different manner than it is usually done) without causing any delay at all to the care of the patient, it should preferably be done in the unusual manner, as doing it that way will deem it a rabbinical transgression and not a biblical one. (Rama Siman 328:12)
3) When Melachos need to be transgressed on Shabbos for the sake of a Choleh [Sheyaish Bo sakana], since we rule that Shabbos is Dechuya in the face of Pikuach Nefesh, they should be done with the minimal amount of Chilul Shabbos that is necessary.
4) Furthermore, if there are two [or more] options of Melachos to transgress, with the same result of saving the patient, the less severe Melacha of the two should be chosen. (Based on a concept found in Talmud Shabbos 153b. See also Shulchan Aruch Siman 266)
5) The requirement to opt for the less severe Melacha to transgress when saving a life on Shabbos, of course, is only in a situation where things are not frenzied, and taking the moment to figure out which Melacha is the lesser of the two transgressions won't negatively affect the patient's status whatsoever.
6) In situations where it is frenzied, and every extra second of delay can have a negative affect on the status of the ill person and place him further in danger, no calculations should be made about which transgression is lighter or less severe, and everything should be done to save the life, without any consideration of the severity of the Melachos involved.
Categories of Melacha for Pikuach Nefesh
7) Since we learnt that in a non-frenzied situation, the less severe Melacha is opted for and the method that entails the lightest dose of Chilul Shabbos is chosen, it is good to keep in mind the 4 basic categories of options, in order of severity, should the occasion arise that they need to be considered.
8) The following is the basic order of ideal ways to have the Melachos that are necessary to be done for a Choleh [in a situation that isn't frenzied]:
- a) Amirah L'Nochri: Ask an Aino Yehudi to perform the Melacha. (See Shulchan Aruch Siman 266:1 and Mishna Berura S"K 29. See also Chazon Ish Siman 56 S"K 4)
- b) Katan: Ask a minor child to do the necessary melacha. (See Shulchan Aruch Siman 266:5. This minor should preferably be one who has not reached the age of Chinuch, if possible. Also, it is best if this minor is not the child of the one who the Melacha is being done for. See Rashba to Shabbos 153b)
- c) Shinui: If no Aino Yehudi or minor is available, the Melacha should be done by an adult Jew via a proper Shinui, in a way that is considered not the normal way of doing it. (See Rama Siman 328:12)
- d) Shnayim She'Asuhu: If not feasible to do it via the other methods described above, two adult Jews should do it together, as doing it this way lessens the severity of the transgression. (It is either deemed a non-biblical transgression altogether, or according to some Poskim, although it is still biblical, it does not carry the penalty of requiring a Korban Chatos. See Chayei Ada, Klal 9:9 and Mekor Chaim Siman 266)
9) If one has two options in which to perform a life-saving action on Shabbos, either to transgress a rabbinical Melacha, such as carrying in a Karmelis [a non-Reshus Harabim], or to do it in a manner that would entail handling Mukteh, the method that involves Muktzeh should be chosen.
10) The reason for this is that although both of these are rabbinical transgressions, Muktzeh is not deemed a Melacha, rather a Gezeirah (a rabbinical edict), and as such, in this case will be deemed the less severe transgression.
To be continued next week B’Ezras Hashem
