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2. On behalf of whom may one transgress Shabbos?
A. Saving a child:[1]
One is to desecrate Shabbos in order to save the life of a child, even though they are not obligated in Mitzvos.[2]
B. Saving a gentile:[3]
One may not desecrate Shabbos to save a gentile.[4] This applies even if the gentile is not an idol worshiper, such as a Yishmaeili, that although one may save his life during the week, one may not do so on Shabbos if it involves Chilul Shabbos.[5] However an idol worshiper, even during the week it is forbidden to save their lives.[6]
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Q&A Practically, today may one give medical treatment to a gentile on Shabbos, and may he desecrate Shabbos on his behalf?[7]
Yes.[8] This is due to fear of spreading anti-Semitism if one were to refrain from assisting a gentile in a time that he requires medical assistance.[9] It is thus allowed to perform even Biblical transgressions.[10] What to have in mind: Some Poskim[11] rule that while one is desecrating Shabbos on behalf of the gentile, he is to constantly think that he is doing so simply to save himself or other Jews from danger, and then it is considered like a Melacha Sheiyna Tzarich Legufa which many Poskim allow to be done to help save a gentile. In a situation that no one will know that the Jew did not give assistance: In the event that one knows for certain that no one will discover him ignoring the giving of assistance to the gentile, then he may not desecrate Shabbos on his behalf. Thus, if one sees a gentile in need from his stained windows and it will be unnoticed to anyone that he did not give assistance, then he may not do so if it involves transgressing Shabbos. However, some Poskim[12] rule that in all cases one is to desecrate Shabbos being that it is possible that unknowingly to oneself one may come to refrain from assistance in a case that it will bring enmity.
May one desecrate Shabbos to save a Jew which does not keep Shabbos, or a heretic?[13] Letter of the law: One may not desecrate Shabbos for a Jew that is Halachically defined as a heretic[14] [Min and Apikores], or one who transgresses even one Mitzvah Lehachis, for the sole purpose of rebelling against the Torah.[15] One may however desecrate Shabbos for a Jew that desecrates the Mitzvos “Leteiavon”, for his own person lusts.[16] Some Poskim[17] however rule that one may not desecrate Shabbos for a Jew that desecrates Shabbos in public even if he does so only for pleasure. One may however desecrate Shabbos to save a Jew that is a Tinok Shenishbah, which is defined as one who was brought up with a secular upbringing, even if he does not believe in any of the Torah or Mitzvos and transgresses Shabbos openly.[18] Furthermore, in any case that not assisting the Jew can cause enmity, one is to desecrate Shabbos to help him even if he is defined as Min and Apikores, as explained above regarding a gentile. Ruling today:[19] All non-religious Jews today are defined as a Tinok Shenishbah[20] and one is hence obligated to transgress Shabbos on their behalf of saving them just as with any other Jew. This applies even if the Jew was brought up in a religious home and later left being observant.[21] This is in addition to the fact that refraining from doing so will cause enmity and is thus allowed just like by a gentile[22], as well as that perhaps the Jew has repented due to their illness.[23] |
C. Transgressing Shabbos to help save a person which is questionably Jewish:[24]
We do not follow after the majority [of a population’s ethnic group] by a life-threatening situation [as will be explained].
A mound fell in an area that a Jew was definitely around:[25] It goes without saying that if there nine gentiles and one Jew standing in a courtyard and a building fell on one of them in that courtyard, and it is not known if it was a Jew [upon whom it fell] or a gentile, that one may undo the mound.
The reason for this is:[26] being that the Jew and the gentiles were set in that courtyard and anything which is set is considered [a ratio of] half and half [even though in truth there is less than half of it] and in a case of doubt regarding if there is a life-threatening situation [to a Jew] we rule leniently.
If one person separated from the group:[27] [Furthermore] even if one person left to a different courtyard and [in that courtyard] a building fell on him in which case it is appropriate to follow the majority [of people, and thus not allow to remove the mound on Shabbos], even so we clear [the rubble] from on top of him.
The Reason:[28] As since the original establishment [of 50:50] has remained in its state (at the time [that the person] left the [50:50] establishment[29]) we therefore consider [this person who separated] as if he were still established with them to be lenient in a life-threatening situation. [Meaning that the novelty of the leniency by Pikuach Nefesh is that even though in general we apply the rule of that whenever the item separates, we follow majority, by Pikuach Nefesh we still extend the status of Kavua, even when one separated.[30]]
If the entire group left one after the other:[31] However if the [entire] group uprooted from [their original place of establishment] one after the other[32], and at the time of the uprooting one of the group members left to a different courtyard and there a building fell on him, then one may not uncover it for him.
The reason for this restriction is:[33] as since the original [50/50] establishment has already moved from its place (when this person separated from them) it is thus impossible to be lenient in it due to the concept of a [50/50] establishment and we [thus] go after the majority of which were gentiles. [From here we learn that not in all cases do we desecrate Shabbos in a case of doubt, and only when the doubt is considered a Halachic doubt may one desecrate Shabbos. We find a similar ruling regarding if two doctors say the illness is not dangerous and one doctor says it is in which case, we follow the majority.[34]]
If the entire group left together:[35] However if the entire group left together, then they are still considered established together and when one person separates from them, he has separated from a [50/50] establishment and one is to undo the mound from on top of him.
An abandoned baby in a city of majority gentile population:[36] Likewise an [abandoned] baby which was found in a city that is majority gentile, there are opinions[37] which say that one may not desecrate Shabbos for him, as since every day everyone separates from their established area we therefore go after the majority (as is explained in Even Haezer Chapter 4 [Halacha 34], [although] see there for opinions[38] which argue). [If, however, the city contains majority Jews, or even 50% Jews, then one desecrates Shabbos on his behalf according to all opinions.[39] Practically, we rule like the lenient opinion that one may desecrate Shabbos for a Jew.[40]]
| Summary:
May one desecrate Shabbos to help save a person if one does not know if he is Jewish?[41] Whenever there is a gathering of people of which there is at least one Jew within the gathering then one may save any person that is in danger within that gathering if it is unknown if he is that Jew or not, whether the danger occurred in the area of the gathering or after he personally left the gathering. However, if every individual separated [in different directions or] one after the other, then one may not desecrate Shabbos for an unknown person unless the majority of the group was Jewish. An abandon baby found on Shabbos: May not have Shabbos desecrated on its behalf unless the majority of the city is Jewish. Although there are those which argue. Practically we are lenient. *As explained in A, in all cases where not transgressing Shabbos can lead to enmity and anti-Semitism, then one is to transgress Shabbos to save a life even if one knows for certain the person is a gentile, and certainly if there is doubt, even though from the letter of the law we do not allow to desecrate Shabbos in this case of doubt. |
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Q&A If a child was found on the road [between cities[42]], may one desecrate Shabbos on his behalf?[43] If the travelers of this road are majority gentile, then one may not desecrate Shabbos on behalf of the child. This applies according to all opinions.[44] If, however, majority or even half of the passersby are Jewish, one is to desecrate Shabbos on their behalf.
May one desecrate Shabbos on behalf of a person who one does not know if he is Jewish or not, such as a randomly injured bystander within the city? Yes. This follows the same law as an abandon child, in which case we are lenient.
What is one to do if he witnessed a car accident between two cars or a pedestrian and does not know if the person is Jewish?[45] If the accident occurred in the city, then one is to desecrate Shabbos on their behalf even if the majority population is gentile. If, however, the accident occurred on a road between the cities one is not allowed to desecrate Shabbos if the majority of the travelers are gentile, unless this can bring towards enmity, in which case one is to do so. |
D. Transgressing Shabbos to save the life of an animal:[46]
It is forbidden to transgress Shabbos on behalf of an animal, even if it is in a state of lethal danger. It is forbidden to transgress even Rabbinical prohibitions, including the prohibition of Muktzah, even if the animal will die as a result.[47] Nonetheless, in certain cases the Sages were lenient to permit certain light Rabbinical prohibitions for the sake of saving an animal, as will be explained.[48]
Moving an animal out of danger: It is forbidden to even move an animal for the sake of saving its life due to the Muktzah prohibition. Thus, if an animal is drowning one may not lift the animal out of the water.
Case of great loss: In a case that [one owns the animal and] not saving its life can lead to great loss, one may be lenient to move the animal in order to save its life.
May the limb of an animal?[49] Although it is forbidden to shake an item that is Muktzah, even if one will not actually move it, nevertheless in a case of pain it is permitted to hold the limbs of an animal, [such as in order to apply treatment] so long as one does not lift both of its legs or its body.
Amira Lenachri:[50] One may ask a gentile to perform even Biblical transgressions for the sake of saving an animal.[51] [This applies even if one owns the animal, and certainly if one does not own the animal.]
E. Saving a Jewish robber from death on Shabbos:[52]
One who comes through a tunnel [to rob a house] in a scenario that [the robber] has given up his blood[53] and it is permitted [for the homeowner] to kill him [in self-defense][54], and a mound fell on him there [in the tunnel] one may not undo it for him (as one is not commanded to help him live[55]).
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Q&A May one desecrate Shabbos to help save one who is committing suicide?[56] Some Poskim[57] rule it is permitted/obligation to desecrate Shabbos to help save a person who is in danger due to trying to commit suicide.[58] Other Poskim[59] rule that one may not desecrate Shabbos for such a person.[60] Practically, the Poskim[61] conclude that one is permitted and obligated to desecrate Shabbos on his behalf. It is permitted and an obligation to desecrate Shabbos to prevent one from committing suicide, if he is threatening to do so and there is considerable worry that he is serious of his intents.[62]
May one desecrate Shabbos on behalf of a Jew that is liable for death under Beis Din? Some Poskim[63] rule it is forbidden to do so.[64] However other Poskim[65] rule it is permitted.[66] |
F. Checking if the person is already dead:[67]
If one does not feel life in his nose, then he has certainly already dead[68] even if he was not crushed. Whether one discovered his headfirst or one discovered his feet first[69] and one sees that there is no life in his heart, even so one is to check up to his nose, as the main evidence of whether there is life is in the nose, as it says [in the verse] “all that have a soul of life in their nose”.[70]
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Q&A May one turn on a resuscitation machine to help revive one who is not breathing?[71] Yes.
May one desecrate Shabbos for one who is in a coma, is insane, is a Cheresh or a Katan? Yes.[72] However some Poskim[73] have left this matter in question.
May one desecrate Shabbos for one who is a Goses? Some Poskim[74] rule one is not to desecrate Shabbos on his behalf, to help him live. Other Poskim[75] however rule one may desecrate Shabbos on his behalf, to help lengthen his life. Some Poskim[76] rule that while one may desecrate Shabbos to save the life of a Goses, one is not obligated to do so if there is no chance of recovery. Other Poskim[77] rule that if there is no chance of recovery and the person is living with excruciating pain, then even during the week it is forbidden to do actions that lengthen his life and pain in this world. A Rav who is expert in the medical field is to be contacted in all circumstances.
Is one who is brain dead and attached to a respirator considered dead?[78] Some Poskim[79] rule that one who is 100% brain dead is considered dead, as it is impossible for him to breathe on his own and accordingly one would not be allowed to desecrate Shabbos on his behalf.[80] Other Poskim[81] however rule that he is considered alive and one may hence desecrate Shabbos on his behalf.[82] Practically, a Rav who is expert in the medical field is to be contacted. |
G. Must one help save another Jew if there is danger involved for himself?[83]
Although it is a commandment upon every individual to desecrate Shabbos in order to save them, even if there is doubt as to whether they will be saved, nevertheless if there is danger [involved in trying to save the Jew] one may not endanger himself in order to save his friend because [in the meantime] he is not within the range of danger. [This applies] even if one is witnessing the death of his friend and even if his danger [in trying to save him] is doubtful while his friend’s is certain, nevertheless [he is not to put himself in danger to save him]. [However, see supplement that this is only in accordance to one opinion].
The reason for this is: as the verse states, “You shall live by them” and not that one should come into doubt of death through fulfilling the Mitzvah of “Do not stand by the blood of your friend”.
Supplement from Choshen Mishpat Hilchos Nizkeiy Haguf Vehanefesh Halacha 7:
One who sees a friend drowning in the sea or that murderers are coming upon him and he is able to personally save him or to hire someone to help save him, then he is obligated to trouble himself to hire others to save him, and he then returns and collects the money from the victim if the victim has the money, and if not then he may not refrain from [paying to help save him], and if he does refrain from doing so then he transgresses the command of “do not idle while your friends blood is being spilled”.
When there is danger involved for the rescuer: Even to enter oneself into a questionable case of danger there are opinions[84] who say that one must do in order to help save his friend from definite death. (However, there are opinions[85] who argue on this, and Safek Nefashos Lehakel).
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Conclusion: In Hilchos Shabbos Admur rules that one may not enter himself into the Sakana. In Nizkei Haguf he brings a dispute and concludes that Safek Nefashos Lihakel, that he may be lenient not to save his life.[86] Perhaps regarding Shabbos, since the verse of Vechai Bahem does not apply, one may not desecrate Shabbos to save him. However, regarding the weekday, one can choose to do so. In all cases one must heavily measure this matter to determine if in truth he is in questionable danger if he tries to save him.[87] |
H. Saving a Jew from forcibly giving up his religion:[88]
One who gentiles are trying to force him to give up his religion, then regarding whether one may desecrate Shabbos to save him is explained in the end of chapter 306 [the last Halacha].
Chapter 306/29:
Desecrating Shabbos in order to help save a Jew from leaving Judaism: [89]
One who discovered on Shabbos that gentiles have kidnapped his daughter from his home for the purposes of removing her from the Jewish people [and make her live like a gentile], it is a Mitzvah for him to travel and place effort to save her.
Transgressing Biblical prohibitions: He may travel even past the distance of 12 Mil[90] [which is the Biblical Techum Shabbos according to some Poskim[91]], and he may even perform complete Biblical prohibitions if, necessary, to save her.[92]
Doubt if will be successful:[93] This may be done even if it is only a doubt as to whether he will be successful in saving her.[94]
Child:[95] This may be done even if the daughter is a child and is not yet obligated in Mitzvos, one is nevertheless to desecrate Shabbos in order to save her.[96]
Forcing the father:[97] If the father does not desire to help save her, he is to be forced to do so.
Another person’s child:[98] This law applies even to another person’s child, another person’s son or daughter which is not one’s relative, nevertheless if he has ability to try to fulfill this Mitzvah and save the child, then he must do so and he is to be forced[99] into helping in any way he can. This applies even if it is a mere doubt in whether he will be successful, and even if he will have to transgress Biblical prohibitions in order to do so.
What is the law if the child ran away on his own accord?
Some Poskim[100] rule it is forbidden to desecrate Shabbos to help save him. Other Poskim[101] rule it is permitted even if the child did so purposely.
May one invite a non-religious guest for Shabbos if he will desecrate Shabbos in order to come to you?[102]
Some Poskim[103] rule it is forbidden to invite guests to one’s home for the Shabbos meal if this will cause him to desecrate Shabbos, such as to drive, in order to arrive there.[104] If, however, the home is close by and it is possible that the guest will choose to walk over rather than drive, it is permitted to invite him even though one does not know for certain whether he will arrive by foot or will drive.[105] Other Poskim[106] however rule it is permitted to invite the guest even if one knows that he will drive.[107] Nevertheless, those that are lenient are to abide by the following four conditions:
- Invite him for the entire Shabbos, beginning with Mincha of Erev Shabbos so a) He can arrive before Shabbos and b) He can stay until after Shabbos.[108] A good advice is to make the mealtime earlier, before Shabbos, so he can arrive beforehand.[109] [One does not have to wait for the guest to verify this invitation, but simply must let him know. He is certainly not to tell the guest that he may drive if he chooses, and is not to affirm such a question.]
- Let the person know that it is forbidden to drive on Shabbos.[110]
- Some Poskim[111] due not require the above, although rule that one must ask them not to park near your house if they do decide to come by car.
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Summary of whose life one is obligated to save: Danger is involved for the rescuer:[112] Then even if the danger is only a doubt while the danger of the victim is certain, nevertheless one is not allowed to enter himself into danger in order to try to save him. Saving a robber from death on Shabbos:[113] One who is in the process of robbing a home and falls in danger may not have Shabbos desecrated for him. May one desecrate Shabbos to help save a person if one does not know if he is Jewish?[114] Whenever there is a gathering of people of which there is at least one Jew within the gathering then one may save any person that is in danger within that gathering if it is unknown if he is that Jew or not, whether the danger occurred in the area of the gathering or after he personally left the gathering. However, if every individual separated [in different directions or] one after the other, then one may not desecrate Shabbos for an unknown person unless the majority of the group was Jewish. An abandon baby found on Shabbos: May not have Shabbos desecrated on its behalf unless the majority of the city is Jewish. Although there are those which argue. May one desecrate Shabbos if it is unknown if the person is still alive?[115] Yes. In any case of doubt, even if it involves many doubts such as he may not even be Jewish, and he may not even be alive, nevertheless one is commanded to desecrate Shabbos for him. When is one considered dead that Shabbos may no longer be desecrated for him?[116] When there is no longer sign of life from his nose, even if there is no sign of life from his heart. |
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[1] Admur 306:29 in parentheses; see Admur 392:2; M”A 329:2; Even Haezer 4:34 from which it is understood as a simple fact that one is Michaleil Shabbos for a Jewish child
[2] The reason: One may desecrate Shabbos to save a child in order so he fulfill many Shabbasos when he is older. [Admur ibid] However Tzaruch Iyun, as in 328:2 Admur rules that we desecrate Shabbos because of the verse of Vechaiy Bahem. See Biur Halacha 329:4 “Ela” that it is because of Vechaiy Bahem that one may save a child.
[3] See Admur 329:2 and 330:2; Michaber 329:2; Yuma 84b; Avoda Zara 26
[4] See Likkutei Sichos 27 p. 33 that the entire reason one may desecrate Shabbos to save a life is because Shabbos is a sign between us and Hashem, and is not relevant to gentiles.
[5] Admur 330:2
Ger Toshav: Vetzaruch Iyun regarding if one is to desecrate Shabbos for a Ger Toshev, as one is commanded to help him live [see Admur 329:5] Likewise Tzrauch Iyun why no mention is made in Poskim regarding Tzaar Baalei Chaim of the gentile, as is said regarding an animal, and according to some opinions Rabbinical Melacha may be performed for the animal, would not the same apply to a gentile [that is not an idolator] and even more so?
[6] See Admur ibid; Michaber Choshen Mishpat 425:5
[7] Piskeiy Teshuvos 330:3 [new]
[8] See Chasam Sofer Yoreh Deah 131; Coshen Mishpat 194, brought in Pischeiy Teshuvah Yoreh Deah 154:2; Divrei Chayim 2:25; Yad Shalom 57; Kaf Hachaim 330:14; Igros Moshe 4:49; Chelkas Yaakov 2:54, 141; Minchas Yitzchak 1:53, 3:20; Divrei Yatziv 1:53; Tzitz Eliezer 8:15-6; Yabia Omer 8:38; Beir Moshe 5:164; See Piskeiy Teshuvos 329:3 footnote 11
Opinion of Mishneh Berurah: The Mishneh Berurah 330:8 rules it is forbidden to transgress Biblical prohibitions even in a case that it can lead to enmity. Furthermore, possibly even Rabbinical prohibitions are forbidden to transgress. Nevertheless, the Poskim argue on his ruling. [All Poskim ibid; See Igros Moshe and Divrei Yatziv ibid]
[9] Due to the advanced communication and the constant anticipation of reasons to use to hate and attack Jews the matter can lead to actual danger for other Jews if one were to refuse to treat them.
[10] Poskim ibid
[11] Shearim Hametzuyanim Behalacha 92:1; Tzitz Eliezer 8:15-6
[12] Igros Moshe ibid that so was the Takana of the Daled Aratzos
[13] Piskeiy Teshuvos 329:2
[14] See Michaber Yoreh Deah 158:2 and Choshen Mishpat 425:5
[15] Michaber Choshen Mishpat 425:5; P”M 328 M”Z 6; M”B 329:9
[16] M”B ibid; Rama Yoreh Deah 251:2
[17] P”M ibid; Kaf Hachaim 328:8 in name of Kol Yehuda 7; Orchos Chaim 328:4; See Piskeiy Teshuvos 329:5 footnote 20
[18] Rav Akiva Eiger, brought in Beis Meir 330, regarding bneing a midwife to a Mumar woman; Chazon Ish Yoreh Deah 2:28; See Rambam Mamarim 3:3; Piskeiy Teshuvos 329:5 footnote 21
Other opinions: See Beis Meir ibid that one may not desecrate Shabbos for a Tinok Shenishba being that he will not fulfill future Shabbosos; Practically, we do not rule like the Beis Meir, as explains the Biur Halacha 329:4 “Ela”.
[19] Chazon Ish Yoreh Deah 2:16 and 28; See Yaavetz 1:30; Chasam Sofer Y.D. 341; Maharhm Shick 140; Beis Yitzchak Y.D. Treifos 29; Hisorerus Teshuvah 1:169; Chelkas Yaakov 1:45 and 154; Minchas Yitzchak 1:53; 3:20; 10:31 letter 14; 10:151; Igros Moshe E.H. 2:59; Sheivet Halevy 3:36; 5:48; 10:65; Mishneh Halachos 5:55; Tzitz Eliezer 8:15; 9:17; Yabia Omer 8:38; Piskeiy Teshuvos 329:5 and footnote 23
[20] This applies even though they are fully aware of the Jewish religion, and know full well that they are Jewish, nevertheless they are considered Anuss/Tinok Shenishba being that they grew up with a secular upbringing, and according to all opinions are not considered to be in the category of Moridin/heretic. [Admur Ribis 79; Darkei Moshe 159; Rambam Mamarim 3:3; Chazon Ish Yoreh Deah 2:16; Zekan Ahron 12; Binyan Tziyon 23; Milameid Lehoil 29;]
Other opinions: Some Poskim rule that those Tinokos Shenishbu which discovered that they are Jewish and are aware of the Jewish religion and nonetheless continue their secular lifestyle are not considered Tinokos Shenishbu. [Ramban and Nimmukei Yosef brought in Darkei Moshe ibid and Beis Yosef Y.D. 159; See also Teshuvos Vehanhagos 5:95; 6:90; Bina Vedaas Miluim in anme of Rav SZ”A; Betzeil Hachochma 2:76; Shevet Halevi 9:198; Yissa Yosef 3:97; See Piskeiy Teshuvos ibid footnote 22] Nevertheless, even according to this approach it is still permitted/obligated to desecrate Shabbos on their behalf due to enmity, as we rule by gentiles.
[21] Chazon Ish Yoreh Deah 2:16; See Minchas Asher 1:10; Piskeiy Teshuvos 329:5 and footnote 24
[22] Minchas Yitzchak ibid
[23] Chasam Sofer Y.D. 341; Mahrahm Shick 140; Yisa Yosef ibid
[24] Admur 329:2; Michaber 329:2; Yuma Mishneh 83a and Gemara 84b
[25] Admur ibid; M”B 329:3; Yuma ibid
[26] Admur ibid; Yuma ibid
[27] Admur ibid; Michaber ibid; Yuma ibid
[28] Admur ibid; Michaber ibid; Rashi ibid
[29] Admur ibid based on Gemara ibid; Rosh and Michaber ibid
[30] M”A 329:2; M”B 329:5 in name of Bahag and Tosafus Yuma; See Shaar Hatziyon 329:6
[31] Admur ibid; Michaber ibid; Yuma ibid
[32] Admur ibid; M”A 329:2 in name of Issur Viheter 59:38; M”B 327:7
[33] Admur ibid; Michaber ibid; Yuma ibid
[34] See Piskeiy Teshuvos 329 footnote 4; Aruch Hashulchan 329:5; Beis Yitzchak 53; Shaareiy Yosher 4; Shevet Halevi 1:60; Chayeh Adam 95
[35] Admur ibid; M”A 329:2 in name of Issur Viheter; M”B 327:7
[36] Admur ibid; M”A 329:2; Even Haezer 4:34; M”B 329:6; Yuma ibid; Mishneh Machshirin 2
[37] First opinion in Admur ibid and M”B ibid; ruling of M”A 329:2; ruling of Michaber Even Haezer 4:34 which rules like the Rambam, that if majority of the town are gentiles then one may not remove a mound from an Asufi on Shabbos, and he is considered like a gentile for all matters
[38] Second opinion in Admur ibid and M”B ibid; ruling of Rama Even Haezer 4:34 which rules like the Tur, Ramban and Rashba that even if the majority of the population is gentiles one may still desecrate Shabbos to save the Asufis life. This opinion is omitted by the M”A ibid, although is brought by Admur and M”B ibid and P”M 329 A”A 2
The reason: As we view the Jews in the city as Kavua and thus is 50:50. [Beis Shmuel 4:58; M”B ibid] Some however explain the reason is because the Rama rules like Shmuel in Yuma ibid that we do not follow the majority in Hilchos Shabbos, while the Michaber does not rule like Shmuel.
[39] Michaber ibid
[40] M”B ibid in name of Gr”a; Kaf Hachaim 328:8 in name of Tosefes Shabbos that by Pikuach Nefesh we follow the lenient opinion; See Piskeiy Teshuvos 329 footnote b6
[41] Admur 329:2
[42] So is implied from Poskim ibid, and so learns Piskeiy Teshuvos 329:2
[43] P”M 329 A”A 2; M”B 329:6; Kaf Hachaim 329:9
[44] The reason: As on the road there is no Kevius, and hence we follow the majority. [ibid]
[45] Piskeiy Teshuvos 329:2
[46] Admur 305:26; M”A 305:11; Taz 305:11; M”B 305:70 and 332:6; Rambam 25:26
[47] Admur ibid; M”A ibid; Taz ibid; M”B ibid; Rambam ibid
Why it is not permitted to transgress due to Tzaar Baalei Chaim: Although preventing Tzaar Baalei Chaim is a Biblical command, and one is hence Biblically obligated to help save an animal from pain [and certainly from death] [Admur ibid; Hilchos Ovrei Derachim 3-4; M”B 305:69] nevertheless the Sages did not permit to perform [even Rabbinical transgressions such as] Muktzah for the sake of saving the life of an animal. The Sages have the power to usurp a Biblical command in a way of Sheiv Veal Taaseh. [Admur ibid; See Yevamos 90a]
Other opinions in Admur and other Poskim: Some Poskim rule it is permitted to move an animal away from danger [or perform any Rabbinical transgression on his behalf] due to [the Biblical command to prevent] Tzaar Balaei Chaim [2nd opinion in Admur ibid, brought in parentheses; Shiltei Giborim Shabbos 128b in name of Riaz, in name of Tosafus Rid, brought in Bach 308; Elya Raba 305:18] Practically, Admur ibid concludes in parentheses that one is to be stringent unless it is case of case of great loss. Other Poskim however rule that one in a case of pain to the animal [and certainly in a case of eventual death], the Muktzah prohibitions do not apply, even if the case does not involve great loss. [Elya Raba brought in M”B 305:70; Chazon Ish 52:16]
[48] Such as placing vessels under it [305:26] or moving a limb of an animal [308:79] or helping it give birth in a case of danger to the animal [Biur Halacha “Ein Meyaldin”; Kaf Hachayim 332:1]
[49] Admur 308:79; ; Michaber 308:40; Shabbos 128
[50] Admur 332:3 and Michaber 332:4 regarding bloodletting, and 305:26 regarding Muktzah; M”B 332:6 in name of Chayeh Adam in all cases that the animal is sick
[51] The reason: As the Sages felt if they were not to allow the Jew to ask a gentile to help save the animal, the Jew out of panic may come to do so himself. [ibid]
[52] Admur 329:5; M”A 329:4; M”B 329:9; Sanhedrin 72b
[53] See Rama Choshen Mishpat 425:1 and Smeh 425:6
[54] The law today: See Mishnas Yosef 1:25and Piskeiy Teshuvos 329:4 that this only applies today in cases that one may legally kill the intruder. However, in those places that one may not kill the intruder then one is to desecrate Shabbos on his behalf. The reason is because the intruder has not given up his life in those states in which he may not be killed. However, from Admur ibid it is implied that even in such a case one may not desecrate Shabbos, as according to Halacha one is allowed to kill him, and one is thus not commanded to help him live, which consequently prohibits transgressing Shabbos on his behalf.
[55] Admur ibid in parentheses; See Beis Shmuel Even Haezer 4:59 that anyone who one is not obligated to help live one may not desecrate Shabbos on their behalf.
Reason of M”A: The M”A and M”B ibid write the reason one may not desecrate Shabbos on his behalf is because he is “Bar Katila”, deserving of death. Admur ibid changes the wording from the M”A possibly because one can argue that perhaps although he is deserving of death he is not obligated to be killed, and hence perhaps it is permitted to desecrate Shabbos on his behalf if one so chooses. Thus, Admur emphasizes that one may not desecrate Shabbos being that one is not obligated to help him live, and only those which one is commanded to help live may one desecrate Shabbos on their behalf. [See Koveitz Ohalei Sheim 2:138]
Why one may not desecrate Shabbos if the danger has been eliminated? See Minchas Shlomo 1:7; Chelkas Yaakov 155; Mishnas Yosef ibid; Piskeiy Teshuvos 329:4 footnote 16
[56] See Piskeiy Teshuvos 329:1
[57] Maharam Merothenberg 59; Birkeiy Yosef 301:6; Rav Poalim 3:29; Cheker Halacha 2:6, brought in Kaf Hachaim 328:124; Maharil Diskin 5:34; Chelkas Yoeiv 2:88
[58] The reason: As one is obligated to help him live.
[59] Chachmas Shlomo 329; Iyun Yaakov Yuma 35; Minchas Chinuch Komeitz Lemincha 237; Maharam Yafa 13
[60] The reason: As one is not commanded to help save such a person even during the week. [Minchas Chinuch ibid] Alternatively because one may not push of an Aseh dur to Peshia. [Chochmas Shlomo]
[61] Igros Moshe 1:127; Y.D. 2:174; Chelkas Yaakov 155; Minchas Yitzchak 5:8; Kinyan Torah 1:100; Bitzeil Hachachma 1:67; Tzitz Eliezer 8:15; 9:17; Lehoros Nasan 5:28; Mishneh Halacha 8:15; Yabia Omer 8:37; Divrei Yatziv 1:167
[62] Nishmas Avraham Tinyana 306:6
[63] Biur Halacha 329:4 “Ela”; Tehila Ledavid 329:5; Yeshuos Malko on Rmabam 2:1; Doveiv Meisharim 4:52; See Piskeiy Teshuvos 329:4 footnote 18
The reason: As he has given up his life, similar to a robber and the like. [ibid]
[64] The reason: As he has given up his life, similar to a robber and the like. [ibid]
[65] P”M 329 A”A 4; See Shevet Halevi 5:48
[66] The reason: As it is forbidden for Beis Din to kill him on Shabbos and one is to desecrate Shabbos even to extend momentary life. [ibid]
[67] Admur 329:3; Michaber 329:4; Yuma Mishneh 83a; Gemara 84a
[68] Admur ibid; Michaber ibid; first opinion in Yuma ibid
Other opinions in Gemara: Other opinions in the Gemara hold that one is to check the heart for life.
[69] Admur ibid; Michaber ibid; See Rav Papa in Gemara ibid
[70] Admur ibid; M”B ibid; Rav Papa ibid
[71] Nishmas Avraham 329:5; Teshuvos Vehanhagos 6:221-222Piskeiy Teshuvos 329:3
[72] Biur Halacha 329:4 “Ela”; Teshuvos Vehanhagos 1:861; Piskeiy Teshuvos 329:6
[73] Halachos Ketanos 2:38
[74] Beis Yaakov 59, brought in Gilyon Maharsha Y.D. 339, based on Shach 339:1 who quotes Ran, and no mention is made that one can desecrate Shabbos on his behalf.
[75] Shvus Yaakov 3:13, brought in Gilyon Maharsha Y.D. 339; Tosafus Nida 44b; Chasam Sofer 338; Minchas Chinuch 32 Mileches Hotza; Biur Halacha 329:4 “Ela”; Teshuvos Vehanhagos 1:861; Piskeiy Teshuvos 329:6; Poskim in Nitei Gavriel 2:4 footnote 5
[76] Teshuvos Vehanhagos ibid; Minchas Shlomo 1:91-24; Shevet Halevi 8:86; Divrei Moshe 1:95; See Piskeiy Teshuvos ibid footnote 30
[77] See Igros Moshe Y.D. 3:132; Tzitz Eliezer 13:89
[78] For the most updated and thorough research on this subject, including the different approaches, supports in the Poskim, and practical rulings of the leading Rabbanim of today as interviewed by the writers-see the journal of the RCA [110 pages long] on this issue titled “Halachic Issues in the Determination of Death and in Organ Transplantation”
[79] Igros Moshe Y.D. 3:132; 8:54; For an in depth analysis as to the true opinion of the Igros Moshe-see the above journal; The Rabbanut Hareishit in 1986, under the council of Rav Mordechai Eliyahu, Rav Shapiro, Rav Zalman Nechemia Goldberg and leading physicians in the Machon Shlezinger institute of Shaareiy Tzedek, have accepted this approach. See the above journal for further discussions they had with the above Rabbanim and if any retracted their rulings.
[80] The reason: As we rule that we follow the breath and not the heart, and hence if he can no longer breathe on his own he is considered dead even if his heart still beats. [ibid] See also Chasam Sofer Y.D. 338 for a Teshuvah that supports this stance.
[81] Tzitz Eliezer 10:25; 13:89 based on Chasam Sofer and Chacham Tzvi and Rashi in Yuma ibid; Minchas Yitzchak 5:7; Rav Elyashiv; Rav SZ”A as detailed in the above journal
[82] The reason: As in actuality he is still breathing, and his heart works. It is thus not similar to the case of the Gemara in which case his breathing has stopped and cannot be returned. Alternatively, even the beating of the heart is a sign of life, as implied from Rashi ibid and Chasam Sofer. Alternatively, it is not possible to determine 100% brain death.
[83] Admur 329:8; Issur Viheter 59:38; Elya Zuta 329:4; Smeh 426:2 based on omission of all Rishonim and Poskim; M”B 329:19
[84] Hagahos Maimanos Rotzeiach 1:14 in name of Yerushalmi; Radbaz Leshonos Harambam 1582
[85] Smeh 426:2 based on omission of all Rishonim and Poskim
[86] This difference of ruling s well as the parentheses given by Admur in Nizkei Haguf is discussed by the Rebbe in Likkutei Sichos 28 p. 153 footnote 19. The Rebbe does not give any concluding stance on this subject.
[87] Choshen Mishpat 426:2; M”B 328:19; Shevet Halevi 8:87; See Piskeiy Teshuvos 329:9
[88] Admur 329:10; Rama 329:8
[89] Admur ibid; Michaber 30614; Tosafus Shabbos 4a; Eiruvin 32:b; Gittin 41:b
[90] Admur ibid; Michaber ibid; Tosafus ibid
[91] M”B 306:57
[92] Admur ibid; Darkei Moshe; Beis Yosef; M”B 306:57
[93] Admur ibid; Kuntrus Achron 306:1; Levush
[94] The reason: As this matter is treated like Pikuach Nefesh in which case one desecrates Shabbos even for a questionable saving of life. There is no greater Pikuach Nefesh than this in which case she will leave the Jewish people and desecrate Shabbos her entire life. [Admur ibid; M”A 306:29; Taz 306:5; M”B 306:57] It is better that we desecrate one Shabbos on her behalf than have her desecrate many Shabbasos, as it is due to this reason that we desecrate Shabbos for Pikuach Nefesh, as the Torah stated “desecrate one Shabbos in order so he guard many Shabbasos”. [Admur ibid; first opinion in Yuma 85b; See Admur 328:2 that rules like Shmuel]
[95] Admur ibid in parentheses; Elya Raba 306:33; M”B 306:57
Other opinions: Some Poskim leave this matter in question. [M”A 306:29, brought in M”B ibid]
[96] The reason: One may desecrate Shabbos to save her in order so she fulfill many Shabbasos when she is older. It is also for this reason that one may desecrate Shabbos for the Pikuach Nefesh of a Katan. [Admur ibid in parentheses] However Tzaruch Iyun, as in 328:2 Admur rules that we desecrate Shabbos because of the verse of Vechaiy Bahem. See Biur Halacha 329:4 “Ela” that it is because of Vechaiy Bahem that one may save a child.
[97] Admur ibid; Michaber ibid
[98] Admur ibid; Malbushei Yom Tov; Olas Shabbos 306 end; Elya Zuta 306:12; M”B 56
[99] Admur ibid; See however Shaar Hatziyon 306 footnote 44
[100] Shvus Yaakov 1:16; M”B 306:56
[101] Nachals Shiva 83
[102] See Ratz Katzevi 8:28 for a through discussion on this matter; See Hearos Ubiurim 1037:137 and 1039 p. 81; See Hiskashrus 929:15 that when the Rebbe was addressed this question by Shluchim he forwarded the person to Rav Dworkin
[103] Igros Moshe 1:99 regarding prohibition to invite to Shul; Mishneh Halachos 16:31 regarding inviting to house; Shevet Halevi 8:165-6; 8:256-2 [regarding inviting to Simcha]; Chishukei Chemed of Rav Zilbirshtram, in name of Rav Elyashiv; Rav A.L. Cohen, Rav of Beitar, in response to the authors question
[104] The reason: This is forbidden due to Lifnei Iver, or due to the prohibition of helping another do a sin [Misayeia], or due to the prohibition of Meisis. [Igros Moshe ibid; Shevet Halevi ibid; See Ratz Katzevi 28 chapter 1-2] Or due to it being a Chilul Hashem. [Shevet Halevi ibid]
[105] See Admur 347:4; M”A 347:4; Igros Moshe ibid
[106] Rav SZ”A in Minchas Shlomo 2:4-10; Teshuvos Vehanhagos 1:358; Rav Weiss in Ratz Katzevi ibid; See response of Rav Dworkin, brought ion Hiskashrus ibid
[107] The reason:
- a) As Lifnei Iver only applies when the person would not be able to transgress without the help of the other person, and thus here, since the Jew would drive his car even without the invitation, it is therefore not forbidden due to Lifnei Iver. [Rav Asher Weiss based on Avoda Zara 6b; See Ratz Katzevi 28 chapter 1; See Admur 347:2-3]
- b) It likewise does not involve the Rabbinical prohibition of helping others due a sin, as this prohibition does not apply to a Mumar [See Shach 151:6; Rav Weiss in Ratz Katzevi 28:3] or because it only applies when one gives assistance to the actual prohibition. [Maharsham; See Rav SZ”A in Minchas Shlomo 2:90 for a similar ruling regarding renting houses to Michalilei Shabbos] or because it does not apply when done to save the person from a prohibition. [Rav Akiva Eiger Y.D. 181:6] In other words, when done for Kiruv purposes, he is not helping him do an Aveira but rather a Mitzvah. [Minchas Shlomo 1:35 regarding giving food to a non-religious person even though he may not wash or say a blessing; Teshuvos Vehanhagos ibid; Ratz Katzevi 28:4-5]
- c) It is permitted to desecrate Shabbos for the sake of saving a Jew from heresy. [See Admur 306:29; See Ratz Katzevi 28 chapter 4; See Shevet Halevi 6:36 that in certain cases we say “sin in order to benefit your friend”; This response was given regarding a person traveling for Shabbos for Kiruv purposes to a Yishuv that may not have a Minyan, and hence the questioner asked whether he should miss a Minyan for Kiruv purposes, and on this the Shevet Halevi answered that we learn from 306 That one may desecrate Shabbos to help save a soul from Shemad. Thus, perhaps here too, although here one is causing his friend to stumble and transgress Shabbos, which transgresses Lifnei Iver, nevertheless this is all being done for the sake of being Mikaeiv him. However, see Shevet Halevi 8:165-6; 8:256-2 who in conclusion rules stringently regarding this question.]
[108] Rav SZ”A, brought in Rat Katzevi 28:5 in length; Directive of Rav Dworkin, brought in Hiskashrus 929:15
[109] Rav Zalman Nechmia Goldberg in letter printed in Ratz Katzevi p. 516
[110] See Igros Kodesh 14 p. 98 regarding inviting people to Hakafos if they will drive on Shabbos/Yom Tov.
[111] Teshuvos Vehanhagos ibid
[112] Admur 329:8
[113] Admur 328:5
[114] Admur 329:2
[115] Admur 329:3
[116] Admur 329:3
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