...Continued from previous week
1) There is a fundamental debate among the Rishonim if the halacha that the Shabbos is violated in situations of Pikuach Nefesh means that it is a total and complete elimination of the Shabbos prohibitions (referred to in halacha as Hutrah) or if it means that the prohibitions are in place, but the need for alleviating the Pikuach Nefesh situation override the prohibitions as necessary (referred to in Halacha as Dechuya.) (See Talmud Yoma 6b for a similar debate regarding Tumah B'Tzibur)
2) The practical difference would be that if it is Dechuyah, it would limit the Melachos that have to be done to the minimum necessary and require they be done in a way that least violates any of the Melachos that need to be violated. Whereas, if it is Hutrah, we would not have to focus so much on transgressing the minimum necessary for the situation at hand and would not have to do things in a different way than usual, to cause the minimum Chilul Shabbos.
3) The majority of Rishonim rule that when a situation of Pikuach Nefesh arises, the prohibitions of Shabbos are Dechuya, and do not totally dissolve. (See Rambam Hilchos Shabbos Perek 2 halacha 1, Shu"t Harashba Vol. 1 Siman 689 and Ran Maseches Beitzah, 9b in the Dafei HaRif Dibur Hamaschil U'Miha. The minority opinion, that it is Hutrah, can be found in the Rosh Yoma Perek 8:14, quoting the maHaram M'Rutenberg. See also Mishna Berura Siman 328 S"K 38)
4) Thus, when violating a Melacha in order to save a life, when things can be done in a way that minimizes Chilul Shabbos, without too much effort being exerted to do it this way that is the proper thing to do. Of course, if trying to minimize Chilul Shabbos will in any way whatsoever be detrimental to the ill person's situation, then no effort should even be considered in regard to minimizing the Shabbos violations.
5) A doctor who needs to reach a patient (Choleh Sheyaish Bo Sakana) who is some distance away, should ideally walk there and not drive in a car on Shabbos, if the situation is not frenzied and the few extra minutes it takes to walk instead of drive will not have any adverse effect on the health of the patient or on the ability of the doctor to do his job properly.
6) However, if the distance to the patient is more than a relatively short walk away, he may drive there and need not do anything exceptionally out of the ordinary to refrain from driving or doing other Melachos to get there. Furthermore, if the weather conditions are such that it is very uncomfortable to walk , he does not need to walk instead of driving and subject himself to discomfort, even if the walk is relatively short.
7) One who needs to do a Melacha for the purposes of Pikuach Nefesh, and is able to do it from before Shabbos which will then not necessitate it being done on Shabbos, must indeed do it before Shabbos. (See Sha'ar Hatziyun Siman 344 S"LK 9
8) However, if doing it before Shabbos will be very burdensome, it need not be done before Shabbos and may be done on Shabbos when needed, as ultimately it is allowed to be done then for the purposes of Pikuach Nefesh. (See Shmiras Shabbos K'Hilchasa perek 32 footnote 104 quoting Rav Shlomo Zalmen Auerbach Zatzal. See also Shu"t Minchas Shlomo Vol. 2 Siman15:4)
9) An ill person (Choleh Sheyaish Bo Sakana) who must eat meat or chicken for his/her health and healing, but only has non-kosher meat available, should rather have someone slaughter and/or prepare kosher meat or chicken for him on Shabbos than resort to eating the non-kosher meat. (Shulchan Aruch Siman 328:14. See Mishna Berura S"K 39 for a lengthy explanation of the various reasons for this.)
10) Of course, if the patient must eat right away and waiting for kosher meat to be slaughtered and/or prepared will put him in danger, he should eat the available non-kosher meat. (ibid.)
11) As we mentioned previously, when the situation of danger is urgent it is forbidden to delay even for a moment and a Jew must do any and all Melachos necessary to save a life, and not waste even a second to find an Aino Yehudi to do it. (Shulchan Aruch Siman 328:12)
12) However, in a situation where it is clear that there is no imminent or immediate danger to the patient if we delay for a moment or two to find an Aino Yehudi to do the necessary Melachos, we do indeed try and find an Aino Yehudi to do what needs to be done. (Rama ibid. See Mishna Berura S"K 37 for the opinion of the Taz who allows a Jew to do it in this case as well. See Shu"t Igros Moshe Choshen Mishpat Vol. 2 Siman 79 for an explanation of the Taz)
To be continued next week B’Ezras Hashem
