Chapter 6: Shabbos laws relating to birth[1]
- Desecrating Shabbos on behalf of a Yoledes:
One who has a life-threatening illness it is a Mitzvah [and obligation[2]] to transgress Shabbos on his behalf [to help heal him] and those which act with alacrity [and do so first] are praised.[3] Even a questionable life-threatening situation pushes off [the prohibitions of] Shabbos.[4] In this Halacha, we will elaborate on the allowance to desecrate Shabbos on behalf of a Yoledes.
A. The general law:[5]
A woman who is within the stages of giving birth [as explained in Halacha D] is considered to be in a state of danger of life, and hence one may desecrate Shabbos on her behalf, and it is indeed an obligation to do so. [It is permitted for anyone to desecrate Shabbos on behalf of the woman giving birth, and the desecration does not have to be done by the woman herself.[6]]
Q&A May one desecrate Shabbos on behalf of treating or preventing a miscarriage?[7] Yes[8]. This applies even if she is less than 40 days pregnant and even if there is no danger to her but there is possibility of saving the pregnancy. May one induce labor on Shabbos?[9] One must avoid inducing labor on or very close to Shabbos due to causing unnecessary desecration of Shabbos, unless the matter involves a medical emergency. In a case of great pain, one is to contact a Rav. Inducing labor through natural methods [i.e. massage, walking, intimacy]:[10] One is to avoid inducing labor even through natural means close to, or on Shabbos, in order to avoid giving birth on Shabbos and causing unnecessary Shabbos desecration. |
Davening for a woman not to give birth on Shabbos:[11] It is proper for one to pray for his wife not to give birth on Shabbos, in order so Shabbos does not need to be desecrated. Avoiding intimacy prior to Wednesday so child isn’t born on Shabbos: Some Poskim[12] write that those who have intimacy during weeknights [i.e. most people today, whose Onah is twice a week] are to do so on Wednesday night [and onwards, and not on Sunday-Tuesday]. This is done in order so she should give birth on Sunday, or on a later day of the week, and not on Shabbos. |
B. The requirement to use an irregularity upon desecrating Shabbos:[13]
Whenever a [Biblical[14]] desecration is done on behalf of a woman during stages of birth, it is to be done in an irregular manner, in whatever way one is able to change from the normal method that the act is done during the week.[15] [This, however, only applies if the irregularity will not cause any delay to her treatment.[16] Accordingly, many of the treatments and actions done during the birth that involve Shabbos desecration are even initially done without any irregularity.[17] However, those actions which are done in preparation for the birth, should initially all be done with an irregularity, or through a gentile.[18] Likewise, all Rabbinical prohibitions may be done without any irregularity.[19]]
Examples of irregularities:[20] 1. Dialing the number on the phone in an irregular manner.[21] 2. Pressing on the elevator button with some irregularity. 3. If one is forced to sign his name on documents, it should be signed within irregularity, such as with one’s left hand. |
C. For what matters may one desecrate Shabbos?[22]
One may desecrate Shabbos on behalf of performing any of the needs of a woman who is in the process of giving birth. Thus, one may call a midwife for her.
Nonessential matters: One may even desecrate Shabbos for non-essential matters which will calm her down. Thus, for example, one may turn the light on for her simply for the sake of making her feel more secure.[23]
If a light needs to be turned on and one has different options of which light to use is there preference of one type of light over another?[24] Yes. It is better to turn on a fluorescent light then to turn on a regular light bulb. As well it is better to turn on a smaller light bulb than a larger light bulb.
May a Tzaddik or Torah Scholar be alerted to pray for the Yoledes if doing so involves prohibitions?[25] If doing so will calm the patient down, then the prohibitions involved may be done through a gentile. If the patient asks for this to be done and the medical doctor says that it is a matter of life and death for the patient [meaning that if they do not visit him his illness may become more severe] then they may do whatever is needed to reach the Tzaddik, even if it involves Biblical prohibitions. |
D. From what stage of labor may one desecrate Shabbos?[26]
A woman becomes defined as a Yoledes for whom one may desecrate Shabbos on her behalf, from the time that any of the following three matters occur [with exception to traveling to the hospital which may be done even prior to these stages being reached, as explained in Halacha 2]:
- Contractions-Birthstool/Mashber:[27] If she is ready to go on the birth stool to give birth then one may desecrate Shabbos on her behalf. [This refers to contractions.[28] Some[29] explain this to refer to the consistent set of contractions of every five minutes which occur before birth to widen the cervix, in which case one may desecrate Shabbos even if it is questionable if this will lead her to giving birth. Others[30] question that perhaps the contractions refer to those which come when one is ready to push the baby out, after the cervix has already successfully opened.[31]]
- Blood:[32] If she sees a flow of blood from her vagina, then one may desecrate Shabbos on her behalf. [This does not refer to a mere few drops but rather to a nice surge of blood.[33] However, if she simply sees a stain of blood in her underwear, then she has yet to reach this stage.[34]]
- Can’t walk on own:[35] If she is unable to walk on her own due to the labor, and needs to sit on a bed or wheelchair, or have someone help her walk, then one may desecrate Shabbos on her behalf.
- Breaking of water: If her water broke, then some[36] write that this is considered like a gush of blood coming out which defines her as a Yoledes, and one may thus desecrate Shabbos on her behalf from that time and on. Others[37] however argue against this claim and say it has no source, and it happens that the water breaks much time prior to the birth. Others[38] say that if the breaking of the waters is accompanied by contractions then she is considered a Yoledes.
If one has not yet reached the above stage but a Doctor says that Shabbos must be desecrated for her, may one do so?[39] Yes. |
2. Calling a midwife, ambulance, or driving to the hospital:
A. From what stage of labor:[40]
One may call the midwife on Shabbos to care for a woman during labor even if she has not yet reached the stages of labor described above, once she believes that she is entering labor for giving birth. This applies, even if she is a mere doubt as to her labor and as to whether birth is imminent. [Accordingly, from the time one suspects his wife needs to give birth, even if she has not yet reached the Halachic state of a Yoledes, one may call an ambulance or drive her to the hospital.[41] Certainly, if her water has broken, then they may travel to the hospital and are not to wait until the leave of Shabbos.[42] Likewise, upon having even pre-labor contractions of every 15 minutes, she may travel to the hospital even though it is prior to her reaching the status of a Yoledes through entering active labor.[43] Likewise, if there is any reason to suspect for a medical emergency, one should immediately travel to the hospital.[44]]
B. Q&A regarding calling an ambulance:
May one call an ambulance to give birth in the hospital even in the event that there is a midwife available for a homebirth to be performed without desecrating Shabbos?[45]
Yes, even in such a case one may [and at times should] call an ambulance to give birth in the hospital.[46]
What’s Halachically better, to drive to the hospital oneself or to call an ambulance?[47]
Emergency: In all cases of emergency that medical assistance is immediately required even prior to reaching the hospital then obviously an ambulance is to be taken.
Non-Emergency: If the matter is not this urgent then it is better for a religious Jew to drive the patient to the hospital rather than call an ambulance.[48] [However, if one knows that the driver is a gentile, then it is better to call an ambulance then to drive oneself.[49] Likewise, if one will not be able to beware from all the unnecessary matters of Shabbos desecration involved in the driving, then it is better to take a taxi or ambulance.[50] Thus, for example, if one will be forced into parking his car and turning off the engine upon arrival at the hospital, which contains no allowance of Pikuach Nefesh, then it is better to take an ambulance.] If no religious Jew is available to drive then it is better to call an ambulance then have a non-religious Jew [i.e. taxi driver] do the driving.[51]
Should one ask a neighbor to drive the patient to the hospital rather than call an ambulance?[52]
One is not obligated to ask his neighbor to drive the patient to the hospital if his neighbor is currently sleeping or if by doing so his neighbor will end up being stuck away from his family for Shabbos.
Must one drive his neighbor to the hospital in order to prevent an ambulance from being called?[53]
One is not obligated to drive the patient to the hospital if by doing so he will end up being stuck away from his family for Shabbos. Nevertheless, as a meticulous act of kindness and sanctification of G-d’s name it is best for one to help diminish as much desecration as possible.
C. Q&A regarding calling a taxi:[54]
One who calls a taxi to take his wife to the hospital for her to give birth, should ideally prepare the money to pay the taxi driver from before Shabbos. If one did not do so, then he should ask the driver if he is willing to accept payment after Shabbos. If there is time, one should ask the Gentile driver to open the doors of the taxi on one’s behalf.
D. Q&A regarding accompanying the Yoledes to the hospital:
May a relative or friend accompany the Yoledes to the hospital?[55]
Any relative or friend who will help the Yoledes keep calm may travel with her. This applies even if there are other people in the car, such as a medic or EMT, and even if the Yoledes says that he/she does not need the escort of the relative or friend.[56] [However care must be taken to avoid Chilul Shabbos in the process, such as not to carry items with him/her if there is no Eiruv.] However, there are Poskim[57] who are less lenient and only allow an escort in a case that the Yoledes is asking for one. Others[58] allow it in the following cases: a) A first birth even if she says she does not need an escort. b) A 2nd birth and onwards so long as she does not say that she does not need it. c) Even if she says she does not need it by a 2nd birth and on, but she will be left in the ambulance in the care of gentiles. Thus, only if it is her 2nd or subsequent birth, and there is a Jewish driver or Medic with her, and she says that she does not need an escort should a friend or relative refrain from escorting her.
May more than one person accompany the Yoledes to the hospital, such as her mother and husband?[59]
Seemingly this would depend on how badly the Yoledes wants their company, and for what reason, and if any Shabbos desecration will take place by the person accompanying the Yoledes [i.e. gentile driver within Techum Shabbos etc]. If no Shabbos desecration will take place, then it is permitted to be done.[60]
Having a doula accompany the Yoeldes to the hospital:[61]
It is permitted to have a doula accompany the Yoeldes to the hospital if the matter is very pressing for the Yoeldes, as she will feel anxious giving birth without her help and support. One may even desecrate Shabbos for this purpose and may thus call the Doula on Shabbos in order to inform her to come. If, however, the Yoledes does not see the service of the doula as necessary for her calmness and serenity, then she should not desecrate Shabbos in a biblical way in order to come to the hospital. However, if going to the hospital only involves rabbinical prohibitions then she may go.
If on Shabbos one traveled to a hospital outside of Techum Shabbos as an escort for a Yoledes, may he/she walk out of the hospital?[62]
Yes.[63] One may walk within 2000 cubits from his destination. If he arrived in a city, he has the same Techum as do the city inhabitants.
E. Q&A regarding traveling to the hospital:
May one travel to a hospital of their choice or must it be the closest available hospital?[64]
One may travel to whichever hospital he/she feels that they will receive the best medical treatment or care, irrelevant of the distance. However, one may not travel to a more distanced hospital simply to save money.
When traveling to the hospital on Shabbos what items may one bring with him?[65]
All items which the Yoledes will need for the actual birth, even if it is merely to help her feel relaxed and calm, may be brought in all cases.[66] All other items may only be brought if:
- The item is not Muktzah and,
- One is traveling within the city [i.e. within Techum Shabbos] and,
- There is an Eiruv in the city and,
- The item is needed on Shabbos.
If one prepared their bag before Shabbos with items that may not be brought, must they remove these items on Shabbos prior to leaving?[67]
If there is no time to do so, such as that the Yoledes must immediately go to the hospital, then there is no need to clear the bag. If, however, time does remain then the Muktzah and other unnecessary item are to be shaken out.
If one is traveling outside of Techum Shabbos must the escorts diminish in the amount of clothing they wear? Such as may the husband take his hat, gartel, kapata?
No.[68]
Advice to be able to carry items out of Techum:[69] Those traveling on Shabbos and Yom Tov to a hospital that is outside of the Techum may only bring with them items that are of absolute necessity for the birth, as explained above. If, however, one makes the item Hefker before Shabbos/Yom Tov, then it is permitted to bring the item outside of the Techum. Hence, it is advised that the wife and escort make Hefker all items that they desire to bring with them to the hospital [and are not needed for the actual birth]. Initially, the items are to be made Hefker in front of three people. If this is not possible, it is to be made Hefker even amongst oneself. |
F. Desecrating Shabbos to arrange for a babysitter:[70]
If the couple have only small children at home, then they should make arrangements prior to Shabbos for an adult to take care of them in the event that they must travel to the hospital on Shabbos. If one did not do so, then one may even desecrate Shabbos for the sake of arranging for a babysitter on Shabbos, if the children are too young or scared to stay alone at home.
- Preparing matters from before Shabbos:[71]
Once a pregnant woman has reached her ninth month she is to prepare as much as possible before Shabbos in order to diminish Shabbos desecration if need be.
What matters are to be prepared from before Shabbos within the 9th month?[72]
The following is to be taken care of prior to the 1st Shabbos within ones entering of the 9th month:
- Registration:[73] Registration to the hospital and all the matters which pertain to her giving birth there such as the identification tags, and the testing of her type of blood.
- Shave:[74] Remove any hair interfering with the birth from before Shabbos [if this is standard procedure in the hospital[75]].
- Arranging for babysitter:[76] If the couple have only small children at home, then they should make arrangements prior to Shabbos for an adult to take care of them in the event that they must travel to the hospital on Shabbos.
- Lights in house:[77] Leave a light on in the house throughout the night.
- Phone on and pre-dialed:[78] One should leave the phone on for the duration Shabbos, and it is proper to pre-dial the number of the ambulance in order to diminish in the dialing on Shabbos.
- Preparing the car:[79] If one will be traveling in their private car then one is to: Disengage the inner car lights from turning on upon opening the car doors[80]; remove Muktzah items from the car seats and in case one will be traveling past the Techum to remove all unnecessary items.[81]
- Staying near the hospital for Shabbos:[82] If one does not live walking distance from the hospital then it is proper for them to arrange to stay for Shabbos in an area which is walking distance to the Hospital. However, if there is difficulty in doing so, then she is not obligated to do it, especially if there is a gentile ambulance driver available in her place.
- If before Shabbos she begins feeling labor which may lead to birth, she should already go before Shabbos to the hospital and not wait for things to pick up and then go on Shabbos.[83]
- Prepare clothing: Prepare clothing to bring with her to the hospital to avoid doing Borer on Shabbos.[84]
- Shabbos in the hospital:[85]
The following is a list of common Shabbos observance challenges that come up in a hospital when arriving to give birth, and after giving birth, while staying hospital:
*All matters that are permitted for a Yoeldes remain permitted even after birth, up until at least three days after birth, as explained in Halacha 5.
A. Arrival-Shabbos desecration applicable upon arrival to hospital:
Automatic doors:[86] When arriving to the hospital for her to give birth, there is no need to wait for a gentile to walk in front of the automatic door in order for it to open. However, after the birth, such as when the husband is visiting on Shabbos, then he may not go through the automatic door on his own and is to walk behind a gentile who goes in front of him.
Elevator:[87] It is permitted to press the button for the elevator upon arrival to the hospital for giving birth, and it is permitted for the husband to join her in the elevator. Nonetheless, one should press the button with a Shinuiy, such as with the use of one’s elbow or by asking a gentile. [After birth, the button of the elevator may not be pressed on behalf of the Yoledes, such as in order to bring her to her resting room, although one may ask a gentle to do so for her.]
Carrying in the hospital:[88] It is permitted to carry items throughout the hospital even if there is no Eruv in the area. [However, one may not walk outside the hospital with the identification bracelet issued by the hospital, in an area without an Eruv.]
B. Admission-Shabbos desecration applicable upon admission to hospital:
Writing down information:[89] Upon arrival to the hospital, it is permitted for one to tell a gentile receptionist or nurse any information that they ask for, even though they will be writing down or typing this information. Certainly, medical information that is necessary to be passed on is to be written even by a Jew.
Signing documents: If one is required to sign her name on necessary legal medical documents relevant to the birth, it should be signed with an irregularity, such as with one’s left hand. It is best of course, to sign all such documents before Shabbos.
Fingerprint for identification of child:[90] If the mother is required to take a fingerprint on behalf of identification of the child, then she is to give the finger to one of the Gentile nurses and have her press her finger in her behalf.
C. Birthing room medical procedures-Medical Shabbos desecration applicable during birth:
Standard medical procedures: All standard medical procedures which are done for a woman giving birth may be done even on Shabbos, even if a particular procedure may not be necessary to prevent danger of life. Thus, she may have her blood pressure taken, have her temperature checked, have her weight measured, and all matters of the like.
Blood tests:[91] A blood test may be done in order to determine the blood type of the Yoledes. However, one should avoid donating blood for purposes that are not relevant to her immediate medical treatment.
IV:[92] It is permitted for the Yoledes to have an IV inserted into her vein for the sake of her receiving medicine or other necessary liquids.
Epidural and other shots:[93] She may be given an epidural or any other shot necessary for the birth even if it is only done for the sake of reducing the pain of the birth.
Urine test:[94] It is permitted to perform a urine test for a medical reason.
GBS:[95] Initially, a GBS test should take place before Shabbos. If this was not done, then it may take place on Shabbos if she has any concerns and desires it to be done for the sake of her calmness during birth.
Monitors and other medical machines and devices:[96] Having the Yoledes attached to a monitor to measure her pulse as well as the pulse of the fetus is considered of great medical importance and is permitted to be turned on, on Shabbos. If possible, it is best to turn it on through a gentile, or with an irregularity such as the back of one’s hand. The same applies to the Doppler machine, and any other medical machine necessary to be turned on, such an ECG or EKG.
Ultra sound and x-rays:[97] Performing an x-ray and ultrasound is usually only done in cases of potential danger of life by a Yoledes, and is hence permitted to be done on Shabbos.
Shaving of hair:[98] It is permitted for the Yoledes to have areas of her body shaven from hair if medically required for the sake of surgery or stitches.
Stripping:[99] Stripping should only be done on Shabbos if there is a real medical reason for doing so, such as if the fetus is under stress.
C-section:[100] When a C-section needs to be medically performed, then all activity which must be done in order to facilitate the C-section is permitted to be done on Shabbos. If they ask her to sign the legal form which gives them permission for the C-section, she should do so with her left hand.
D. Birthing room comfortability-Shabbos desecration applicable upon admission to birthing ward:
Bathing and shower:[101] She may take a hot shower for the sake of helping her give birth. However, it is best to have the hot water turned on by a gentile or through an irregularity. If she wants to take a shower simply for purposes of cleanliness, then the hot water is to be turned on and off by a gentile.
Heater and air conditioner:[102] It is permitted to change the temperature of the heater or air conditioner on behalf of the woman giving birth, and she says that she is too hot or cold.
Turning on/off light:[103] One may turn the light on in the room for the sake of making the Yoledes feel more secure. Likewise, one may turn on the light for the sake of being able to see things for the sake of the birth. One may turn off the light in the room in order to be able to sleep.
Electric bed:[104] It is permitted for the Yoledes to ask a gentile to change the positioning of the electric bed to make it more comfortable for her, whether making it higher or lower. If there is no gentile available then she may do so with an irregularity, such as with her left backside of the pinky.
Curtains around bed:[105] There is no Halachic issue with moving the curtains which surround the bed of the Yoledes, either to open them or close them.
Bathroom and sink: It is permitted for her to flush the toilet in the hospital even if activates an electric pump upon being used. However, the sink should not be used if it will activate the electric pump.
E. Postpartum room-Shabbos desecration applicable by after birth hospital stay:
Blood pressure: Her blood pressure may be checked on Shabbos if there is a medical necessity do so, even if it involves an electric blood pressure machine. Initially, this should be done by a gentile, such as a gentile nurse.
Blood test:[106] It is permitted for her to have a blood test performed on her if deemed medically necessary.
Shots:[107] It is permitted for her to have a blood test performed on her if deemed medically necessary.
Removing Electric medical devices: If she is attached to electric medical devices which will turn off or beep if they are removed from her, then she should request from a gentile nurse to remove them when necessary.
Calling the nurse:[108] If she needs the nurse for a medical related reason, including for help to get out of bed, then she may press the button to call the nurse on Shabbos. Preferably, she should do so with an irregularity.
Heater and air conditioner:[109] It is permitted to turn on the heater or air conditioner to relieve suffering from heat or cold.
Turning on/off light:[110] One may turn off the light in the room in order to be able to sleep. Initially, this should be done through a gentile or with an irregularity. Likewise, one may turn on the light for the sake of being able to see things in order to be treated.
Bathing and shower:[111] She may take a hot shower after birth. However, it is best to have the hot water turned on by a gentile or through an irregularity. If she wants to take a shower simply for purposes of cleanliness, then the hot water is to be turned on and off by a gentile.
Smearing ointment and medication:[112] It is permitted for her to smear ointment and medication on the wounded areas after birth. However, it is best to simply dab the cream on the body, and then smear it with a Shinuiy.
Electric bed:[113] It is permitted for the Yoledes to ask a gentile to change the positioning of the electric bed to make it more comfortable for her, whether making it higher or lower. If there is no gentile available then she may do so with an irregularity, such as with her left backside of the pinky.
Curtains around bed: See above in D!
Bathroom and sink: See above in D!
Gifts and presents:[114] All nonfood gifts and presents should be brought to her from before Shabbos and not on Shabbos itself. If she was brought nonfood gifts on Shabbos, she should have intent not to acquire the gifts until after Shabbos.
Flowers:[115] If a present of flowers arrives on Shabbos day, such as from a delivery service, then they are to be considered as Muktzah. Either way, they may not be placed into a water vase on Shabbos.
Visiting the wife: When a husband comes to visit his wife in the hospital on Shabbos, he is to be aware not to transgress any prohibitions in the process.
F. Food and Drink in the hospital on Shabbos:
Kosher food:[116] If there is no Kosher food available in the hospital and Kosher food was not brought to the hospital from before Shabbos, then Kosher food may be delivered to her on Shabbos through a gentile taxi driver. This applies even if the food will be sent from outside of the Techum.
Fridge: It is permitted to enter and remove food from the refrigerator on Shabbos on behalf of the Yoledes even if it causes the light to turn on and all. Nonetheless it is best to do so through a gentile or with an irregularity. This however may not be done in behalf of the escorts who stay with her for Shabbos, unless it is done through a gentile.
Water bar:[117] She should not use the hot or cold-water bar unless there is no other water available or she feels the need to have hot or cold water, in which case she should press it with an irregularity, or ask a gentile to do so for her.
G. Hadlakas Neiros Shabbos, Kiddush, Lechem Mishneh, Havdala:
Lighting Shabbos candles in the hospital:[118] When lighting candles outside of one’s home, such as in the hospital, one is to light only two candles and is not required to light the number of candles that they usually light at home.[119] If the hospital in which the wife is staying does not allow her to light candles, then she is to turn on an electric light[120] [or turn it off and then on if already on] by the regular candle lighting time, preferably turning on a bulb with a filament [rather than fluorescent or LED lamps].[121] Nonetheless, a blessing may not be recited, and while there are some who are lenient[122], Safek Brachos Lihakel, and therefore no blessing is to be said. This certainly applies in Israel where the electricity is generated by Jews, and hence there is no room to be lenient to say a blessing over the electricity.
Kiddush:[123] If she will be staying in the hospital over Shabbos, she is to make Kiddush prior to eating on Friday night and Shabbos day. She may use a disposable cup for this purpose, and may use grape juice [or beer, or tea or coffee by daytime]. If unavailable, she may make kiddush over bread. If she does not have the strength to make kiddush and needs to eat right away, then she may eat without making Kiddush. If she is sleeping on Friday night, there is no need to wake her up in order to make Kiddush, and she should simply make up the Friday night Kiddush the next morning. She may take medicine prior to Kiddush.
Lechem Mishneh:[124] If she does not have Lechem Mishneh then she may say Hamotzi on any bread she has. If she does not have bread, then she may eat whatever she needs even though she will not be having Hamotzi for the meal. This applies even if she does not have any Mezonos available, or cannot eat Mezonos for whatever reason.[125]
Havdala:[126] If she will be staying in the hospital over Shabbos, she is to make Havdala prior to eating on Motzei Shabbos. She may use a disposable cup for this purpose, and may use grape juice or tea or coffee or beer. If she does not have the strength to make Havdala and needs to eat right away, then she may eat without making Havdala. If she is sleeping on Motzei Shabbos, there is no need to wake her up in order to make Havdala, and she should simply make up the Havdala the next morning. She may take medicine prior to Havdala. She cannot be Yotzei Havdala over the phone.
H. Release from hospital on Shabbos:
May one who traveled to the hospital to give birth and was then released on Shabbos, due to being told that she is not ready to give birth, return home on Shabbos?[127]
It is forbidden for her to drive back home. Although, if there is no comfortable area where she can wait until after Shabbos[128] there is room to allow her to have a gentile drive her home, so long as her house is within Techum Shabbos. [129]
- Desecrating Shabbos for a woman who is after birth:[130]
A. First three days after birth:[131]
Throughout the entire first three days after birth the Yoledes is considered like a definitely dangerously ill person.[132] Therefore, one is to desecrate Shabbos on her behalf. Even if there is no midwife or doctor amongst them to voice an opinion one is to do for her all her needs. Even those matters that are not absolutely necessary for prevention of danger of life, but are normally done during the week for a Yoledes, may be done.[133] [This applies even in today’s times that women after birth are able to walk from their beds shortly afterwards.[134]]
Yoledes claims she feels fine:[135] One is to desecrate Shabbos on her behalf even if she claims that it is unnecessary, but her colleagues claim that she needs it, even if there is no doctor present to voice an opinion.
No one knows if she needs it: When she does not voice an opinion and her colleagues do not know [if she needs it done or not], then Shabbos is desecrated [for her].
Doctors and Yoledes claim she feels fine:[136] However, if a midwife or a doctor say that there is no need to desecrate Shabbos and she herself also claims that it is unnecessary, [the colleagues] are to listen to them.
Doctors claims she feels fine but Yoledes claims otherwise: If she says “I do need [Shabbos desecrated] “, then even if 100 doctors say she does not need Shabbos desecrated, [nevertheless] it is to be desecrated.
B. After 3 days but before 7 days after birth:[137]
Yoledes claims she feels fine: From after three days after birth until the end of the seventh day, if she says “I do not need [Shabbos desecrated]” then it is not to be desecrated even if her colleagues claim that she does need [it done] so long as the doctors don’t say that she needs it.
Doctors claim she needs Shabbos desecrated: However, if a midwife or doctor say that she needs Shabbos desecrated for her then Shabbos is to be desecrated even if she says that she feels fine.
No one knows if she needs it: When she does not voice an opinion and her colleagues do not know [if she needs it done or not], then Shabbos is desecrated [for her].[138] However, if her colleagues say that she does not need [Shabbos desecrated], then it is not to be desecrated.
Doctors claims she feels fine but Yoledes claims otherwise: If she says “I do need [Shabbos desecrated] “, then even if 100 doctors say she does not need Shabbos desecrated, [nevertheless] it is to be desecrated.
C. From after seven days:[139]
From the end of seven days and onwards, even if she says she needs [Shabbos desecrated], it is not to be desecrated on her behalf. Rather she is considered until thirty days like a non-dangerously ill person, of which all their needs may be done by a gentile.
Hot or cold: This is with exception to igniting a heater that if she needs it, it is to be done even by a Jew being that feeling cold is a danger for her for the entire duration of the thirty days, and even in the time of Tamuz. [The same applies if she is very hot and needs a fan or air conditioner turned on.[140]]
D. How to calculate the 7 days:[141]
The above-mentioned days are not counted as 24 hours [per day]. Thus, if she gave birth on Wednesday close to night, then when the entrance of the night of Shabbos arrives, it is already the fourth day from her birth, even though she had not completed three 24-hour days until close to the night of Shabbos. The same applies for [calculating] the seven days and thirty days.
E. What may be done for the Yoeldes on Shabbos after she gives birth:
See Q&A below and Halacha 4D-H!
Q&A If a woman had a miscarriage does she have the same status as a Yoledes in the above laws?[142] Yes, so long as the fetus was 40 days into the pregnancy. May a Yoledes take a hot shower on Shabbos?[143] She may do so by asking a gentile to turn on and off the water. May one turn on the heater or air conditioner on behalf of a Yoledes?[144] Yes, if she’s very hot or cold, although it is best to do so through a gentile. This applies for up to 30 days from birth.
Smearing ointment and medication:[145] It is permitted for her to smear ointment and medication on the wounded areas after birth. However, it is best to simply dab the cream on the body, and then smear it with a Shinuiy. Turning on/off light:[146] One may turn off the light in the room in order to be able to sleep. Initially, this should be done through a gentile or with an irregularity. Likewise, one may turn on the light for the sake of being able to see things in order to be treated. |
6. How to pray on Shabbos on behalf of a Yoledes:[147]
Although it is forbidden for one to request physical needs on Shabbos, including the needs of a sick person, for him to become healthy[148], nevertheless, if the sick person is dangerously ill on Shabbos [and may pass away that day] then one may shout and supplicate on his behalf even on Shabbos, even as a congregation.[149] Accordingly, it is permitted for one to pray on behalf of a woman who is having difficulty in labor on Shabbos.[150]
7. What may be done for the new born on Shabbos?[151]
The child which is born on Shabbos may have all of his needs done for him. [Those matters which are not needed to be done to prevent danger for the child, but simply to diminish his pain and make the child feel more comfortable, may only be done if they are of Rabbinical prohibition. However, Biblical prohibitions may not be done by a Jew.[152]]
This includes:
- Bathing him.[153]
- Cutting the umbilical cord,
- Straightening the child’s limbs.[154]
- Lifting up the foreskin of the throat.[155]
- Weighing the baby:[156] There is no allowance to weigh the baby on Shabbos with an electric scale, unless there is reason for medical concern for which it is to be done.
- Heater for infant:[157] It is permitted to turn on the heater on behalf of warming the body of the infant after birth. If a gentile is available to do so, then it should be done by a gentile. If a gentile is not available, then it should be done with an irregularity, if the matter is not urgent.
8. Desecrating Shabbos on behalf of a Preemie:
Letter of law:[158] If the baby’s hair or nails are not completely developed and it is questionable whether the baby was born in its eighth month, and certainly if one knows that it was born in the eighth month, then one may not desecrate Shabbos even for Rabbinical matters, even to help save this child. However, one may be lenient to move the baby, and some are accustomed to even circumcise the baby on Shabbos, although regarding circumcision it is better to abstain from doing so on Shabbos.[159] If the child has complete hair and nails, or it does not but one knows for certain that it is a ninth- or seventh-month baby then Shabbos is to be desecrated to help save him.
Custom today:[160] Practically, today one may desecrate Shabbos to help save a premature baby even if it is in the eighth month.[161]
Q&A May one desecrate Shabbos to help save a test tube baby [IVF]?[162] While the egg is in the stage of being fertilized in the tube one may not desecrate Shabbos to help save it, as only a fetus in its mother’s womb is considered a livable entity.[163] |
9. Laws relating to breastfeeding and breast milk on Shabbos:[164]
It is permitted without restriction for a woman to breast-feed a child on Shabbos, even if the child does not need to breast-feed such as if he is already satiated, or has formula or other foods available. Thus, a woman may nurse her child on Shabbos even if her child is already satiated and is doing so simply to release breast pain or due to feeling engorged, or it is close to the end of Shabbos.[165] The following will discuss various regulations relating to releasing the breastmilk not in the form of nursing:
Q&A
During nursing, may woman press on her breasts in order to help more milk come out into the baby’s mouth?[166] Yes.[167] |
A. Squeezing the milk into a cup and the like:[168]
It is Biblically[169] forbidden for a woman to squeeze breast milk into a cup or other vessel in order to feed it to her child [or for any other purpose], unless it is a case of Pikuach Nefesh.[170]
Q&A on pumping if child won’t breast feed May a woman pump milk to bottle feed her baby if she can’t breast-feed him?[171] If a child is unable to breast-feed, such as if he is a preemie and cannot nurse, or if the child is sick or weak, or cannot nurse any other reason, and during the week the mother pumps her milk to bottle feed the child, then the following is the law regarding if this may also be done on Shabbos: If it is still possible to nurse the child, then even if doing so entails difficulty, the mother may not pump her milk to bottle feed the child and she must nurse him on Shabbos.[172] If the child will absolutely not nurse, then during the week the mother is to pump her milk in order to store for use on Shabbos, as will be explained below. If for whatever reason this was not or could not be done [such as if she has a small milk supply], then if there are no breastmilk Gemachim in one’s area [see below], and there’s nothing else available for the child to eat [such as formula, as explained below], then since there is possible danger involved for the child to go hungry, therefore, she may pump milk on Shabbos for the sake of feeding her baby from a bottle.[173] Baby formula-If available but not medically recommended: If formula or other breast milk alternatives are available, but one’s doctor states that he does not recommend it based on the health situation of this child, and that in his opinion the child needs specifically to be having mother’s milk, then the above allowance of pumping on Shabbos applies. If formula, or other supplements, are available and there is no medical reason for the child to avoid taking it instead of breastmilk, then it is forbidden for her to pump on Shabbos for this purpose. In all cases that one is unsure how the baby will react to the formula, one is to consult with one’s health care provider, and try to feed the baby some of the formula during the week to see the baby’s reaction.[174] Some Poskim[175], however, are lenient and rule that there is no need to try feeding formula to the baby simply for the sake of not pumping on Shabbos, and only if one anyways gives him formula during the week is it forbidden to pump on Shabbos. This especially applies with a premature baby. The amount of milk that she may pump at a time: Some Poskim[176] rule that she should not pump out more than a Grogeres[177] worth of milk at a time.[178] Hence, she is to pump out less than a Grogeres worth of milk and feed it to the child, and then pump out another Grogeres worth and feed him it. She should not pump out more milk until the child is fed the previous milk that was pumped. However, other Poskim[179] negate this and rule that it is permitted[180], and even Halachically advantageous[181], for her to pump as much as necessary for that Shabbos, in one session. Using an electric pump versus hand pump: Ideally, even if a woman is required to pump her milk on Shabbos for the sake of feeding her child due to Pikuach Nefesh, she should only use a manual hand pump, [if an electric pump was not set up on a timer before Shabbos and a gentile is not available, as will be explained]. If, however, there is difficulty in doing so using a hand pump, or it is not available, then she may use an electric pump and even plug it in on Shabbos through a gentile[182], or using a Shinuiy.[183] This preference of using a manual pump, however, only applies if the electric pump was not set up before Shabbos on a timer, however, initially it is better to use an electric pump that was set to a timer before Shabbos than to use a manual pump.[184] [One is to plug in an electric pump before Shabbos and set it up on a timer to turn on at set intervals for her to pump her milk.] When using an electric pump, she should place the pump on her breast prior to it turning on, in order so it be considered like Gerama.[185] Pumping before Shabbos and storing the milk:[186] In order to avoid the need of desecrating Shabbos through pumping the milk, a woman should pump during the week and store the milk in the freezer and the like in order to then use on Shabbos. There is no problem in the defrosting this milk on Shabbos[187], and one may even do so near a source of heat so long it cannot reach Yad Soledes.[188] One may also place it in a bowl of Keli Sheiyni hot water in order for it to melt and become warm.[189] However, one may not completely submerge it within the water if one intends for the milk to warm up.[190] Milk Gemachim: Certain communities have breast milk Gemachim for women who are not able to pump enough milk to feed their child. If such a Gemach is available, one is to use their milk rather than to pump on Shabbos.
|
B. Trickling the milk in order to stimulate the child to nurse:[191]
It is permitted for a woman to squeeze out some milk [and have it trickle down her skin onto the ground[192]] having it go to waste, in order to stimulate the child to nurse.[193] [However, she may not squeeze the milk directly into his mouth even in order to stimulate him to nurse.[194]]
Q&A on squirting to stimulate a child May one squirt the milk directly into the baby’s mouth in order to stimulate it to eat?[195] Some Poskim[196] rule that it is permitted to squeeze the milk directly into the baby’s mouth, and some[197] understand that this is in fact the preferred method. Other Poskim[198], however, rule that it is forbidden to squirt the milk into the mouth of the baby, as in such a case it is not going to waste and thus squeezing it contains a Biblical prohibition. Practically, Admur[199] implies like the latter opinion and hence one is to be stringent and have the milk trickle down the skin and go to waste. May one squirt the milk in order for the baby to see it and desire to nurse?[200] Yes. May one squeeze out some milk in order so it does not overflow into the child’s mouth?[201] Yes. |
C. Squeezing out the milk to relieve breast pain?[202]
It is for permitted a mother to squeeze out breast milk with her hands in order to relieve breast pain [that is caused by the engorged breast].[203] However, this allowance only applies if the milk will be going to waste [however, to pump into a vessel is Biblically forbidden, as explained above].[204] [See Q&A regarding using a pump]
Q&A on squirting to release pain May a woman use a pump to release milk in order to relieve breast pain?[205] If enters a vessel and she plans to use this milk:[206] If the pump contains a bottle which will store the milk, then according to all opinions, it is forbidden to use this pump if she plans to save and use the milk. If enters a vessel and she plans to throw out the milk: If the pump contains a bottle which will store the milk but she plans to throw out the milk from the bottle, then some Poskim[207] rule that it is nevertheless forbidden for her to pump the milk into the bottle for the purpose even though it is done for the sake of relieving breast pain and she will eventually throw out the milk from the bottle.[208] Other Poskim[209], however, rule that this is permitted to be done. Some Poskim[210] arbitrate that one may be lenient like these opinions to pump out less than a Grogeres[211] worth of milk at a time and then spill it out prior to pumping again.[212] If the milk goes directly to waste from the pump: According to all opinions, it is permitted to pump milk in order to relieve pain if the pump squeezes out the milk directly onto the floor or garbage. May one squeeze out milk for the sake of relieving future breast pain, even if at the moment there is no pain? Some Poskim[213] arbitrate that doing so is allowed. |
D. Squeezing out breast milk for other reasons:
Based on the above, it is understood that it is forbidden to squeeze breastmilk on Shabbos even if the milk will be going to waste, unless it is being done for the sake of the nursing child or to relieve breast pain. Thus, she may not squeeze out the milk simply to look at its color, or to see how much she has, and the like.
Q&A on squirting for other purposes If a woman is particular not to nurse her child after she gets angry or frightened due to danger[214], may she squeeze out this milk on Shabbos?[215] Yes, so long as it will go to waste. May a woman squeeze out her milk on Shabbos in order to prevent herself from getting wet from the milk [during sleep, or when going to Shul etc]?[216] No.[217] This applies even if the milk will go to waste. May a woman squeeze out her milk on Shabbos in order to prevent her milk supply from drying up, if for whatever reason she’s not currently nursing her child?[218] Some Poskim[219] rule that it is permitted to do so if the milk goes to waste. Some[220], however, write that according to the experts, not nursing for one day will not affect the milk supply or its quality, with exception to unique cases. Accordingly, a woman should not squeeze out her milk simply because she doesn’t want to go one day without nursing due to worry of losing her milk supply. |
Summary: Is forbidden for a woman to squeeze breast milk into a vessel due to the Biblical detaching prohibition. However, it is permitted for a woman to squeeze out some milk and have it trickle down her skin in order to stimulate her child to nurse. As well, it is permitted for her to squeeze milk onto the ground in order to relieve breast pain caused by the milk. It is forbidden to squeeze breastmilk on Shabbos for other purposes. Q&A on Muktzah and carrying Is breastmilk Muktzah on Shabbos?[221] Breastmilk that was pumped before Shabbos is considered like any other food and therefore is not Muktzah. However, breastmilk that was removed on Shabbos itself is considered Muktzah due to Nolad.
May a woman wear nursing pads on Shabbos? It is permitted for a woman to wear nursing pads on Shabbos. |
E. May a woman wear a milk collector cup on Shabbos?
It is permitted for a woman to wear milk collector cup on Shabbos.[222] However, the milk that is collected in the cup is considered Muktzah.[223]
What to do with the milk in the collector cups:[224] Being that the milk is Muktzah, therefore, it may not be dealt with, poured into a bottle, and fed to a child on Shabbos. However, seemingly, to remove it from the body and spill it into the sink is permitted to be done.[225] Likewise, if one places some water into the cup and has the milk drip into the water, then the milk does not become Muktzah at all, and it is permitted to move the nursing cup to spill out the milk for any purpose on Shabbos, even to save it and place it in the fridge.[226] However, Tzaruch Iyun if it may be fed to the baby on Shabbos.[227]]
___________________________________________
[1] See Nitei Gavriel Chapters 57-61; Toras Hayoledes 1-30, 32-34, 38, 40; Piskeiy Teshuvos 330
[2] As the Torah states “Lo Saamod Al Dam Reiacha” [M”B 328:6; See also Admur 329:8 and Hilchos Shemiras Haguf Vehanefesh 7]
[3] Admur 328:2; Michaber 328:2; Mishneh Yuma 83a
The reason: The reason for all the above is because it says [in the verse] “That one should do and live by them” and what is “and live by them” trying to teach us? It is saying that one should see to it that one will for certain live through doing the Mitzvah and should not [do so if] he will come through this [Mitzvos] to a case of a possible life-threatening danger. [Admur 328:2 and 329:3; Shmuel Yuma 85b; M”B 328:4; Biur Halacha 329:3 “Ela”]
[4] Admur ibid; Michaber 329:3; Mishneh Yuma ibid
[5] Admur 330:1 “A Yoledes is [considered] like a dangerously ill person and one [thus] is to desecrate Shabbos on her behalf for all of her needs.”; Michaber 330:1; Mishneh Shabbos 128b; Nitei Gavriel 59:1; Toras Hayoledes 33-34
[6] Daas Torah 328:14; Chasam Sofer 82; Imrei Yosher 2:193; Nitei Gavriel 59:5
[7] Piskeiy Teshuvos 330:4 and 6 and 9 [new]; Toras Hayoledes 38
[8] As during a miscarriage she is considered like a dangerously ill person.
[9] See Toras Hayoledes 1:2; Nitei Gavriel 61:14; Piskeiy Teshuvos 330:1 footnote 7; 330:2 footnote 24; 248:4
[10] Toras Hayoledes 1 footnote 5; Piskeiy Teshuvos 330:2 footnote 25;
[11] Sefer Chassidim 793; See Nidda 38a brought in next Halacha; Maharil 203; See Toras Hayoledes p. 13 in length regarding a discussion if Shabbos is Dechuya or Hutra’; Piskeiy Teshuvos 330:2 footnote 22-23; See Kaf Hachaim Falagi 27:25 who negates the above
[12] Nidda 38a; Yifei Laleiv 2; Ben Yehoyada Niddah 38a; Meiy Da’as 240:20; Sheyikadesh Atzmo 8 footnote 2
[13] Admur 330:1 “Nevertheless [despite the fact that she is considered like a dangerously ill patient], since the pain of a Yoledes is natural and not [even] 1 of 1000 die from childbirth, therefore the Sages were stringent to require one to change [from his way of normally doing the action needed of desecrating Shabbos] in whatever he is able to change in it.”; Michaber 330:1; Rambam Shabbos; Rav Ashi Shabbos 128b; M”A 330:2; Nitei Gavriel 61:1; Toras Hayoledes 33-34
[14] See Piskeiy Teshuvos 330:1 footnote 9; Sefer Hayoledes 32
[15] For example, if one needs to bring the woman a vessel through a public area then her assistant should bring it through tying it to her hair which is carrying in an irregular way and does not contain a Biblical prohibition. The same applies for all cases of the like. If she [the Yoledes] needs oil then her friend should not smear oil on her hair and then come to her [the Yoledes] and squeeze the oil out, rather she should bring it in a vessel which is hanging on her hair, as it is better to carry [the oil] with a vessel in an irregular way, without any other prohibition, then to add in doing the squeezing prohibition, even though that squeezing hair is only Rabbinically forbidden as was explained in chapter 326 [Halacha 5]. [Admur 330:1; Michaber 330:1; Rambam Shabbos; Rav Ashi Shabbos 128b]
[16] M”B 330:5; 328:35
[17] Piskeiy Teshuvos 330:1 footnote 8
[18] Piskeiy Teshuvos 330:1 footnote 9
[19] See Piskeiy Teshuvos 330:1 footnote 9; Sefer Hayoledes 32
[20] Nitei Gavriel Chapter 59; Toras Hayoledes Chapter 34
[21] See Toras Hayoledes chapter 9 in great length for all details relating to using the phone on Shabbos
[22] Admur 330:1 “One may call a midwife for her from one place to another. One may help her give birth.”; See Toras Hayoledes chapter 35 for all the typical Melachos that are performed during a birth and their Halachic status.
Homebirth on Shabbos: See Toras Hayoledes chapter 6 for the full details of how to facilitate a Shabbos homebirth with the least possible Shabbos desecration
Matters that involve Shabbos desecration during birth: See Toras Hayoledes Chapter 35 for laws relating to: 1) Cutting the umbilical cord; 2) Turning on light; 3) Writing or typing information; 4) Blood test to determine one’s blood type. 5) Urine test. 6) Shaving of hair. 7) bathing. 8) IV. 9) medication. 10) breaching amniotic sac’s. 11) Ultrasound. 12) Stripping 13) C-section 14) Checking for GBS. 15) Weighing the baby. 16) Raising or lowering the electric bed. 17) Turning on the heater for the child.
[23] Admur 330:1 “At night one may light a candle for her. [Furthermore] even if she is blind and even if the other women which are assisting her do not require this candle, as they are able to fully assist her without a candle, [nevertheless] one lights a candle for her.”; Michaber 330:1; Shabbos 128b; Taz 330:1; M”A 330:2; See Toras Hayoledes chapter 5 in length!
The reason: As although she [the patient] cannot see she becomes calmer upon knowing that there is light here, as she tells herself that if there is anything that she needs my friends can see and can do so for me. However, if she were to know that there is no candle here then there is worry that she will become endangered due to fear in her heart, as she will fear that perhaps the assistors are not doing properly what she needs done. [Admur ibid; Taz 330:1; M”A 330:2]
[24] Piskeiy Teshuvos 328:14
[25] Piskeiy Teshuvos 328:4
[26] Admur 330:3 “From when is a [woman] defined as a Yoledes [in the process of giving birth] to be allowed to desecrate Shabbos [on her behalf]? From when she sits on the birthing stool, or from the time that the blood is drooling out, or from the time that her friends [have to] carry her by her arms due to her not having strength to walk. Once any of the above has begun to occur one is [allowed] to desecrate Shabbos on her behalf for all her needs which are able to be done now without delay.”; Michaber 330:3; Rambam Shabbos 2:13; Abayey and Rav Huna Shabbos 129a; See Shevet Halevi 8:88; Toras Hayoledes Chapter 3 and 30; Piskeiy Teshuvos 330:3
[27] Admur ibid; Michaber ibid; Rambam ibid; Abayey ibid; Piskeiy Teshuvos 330:3 footnote 26-27
[28] Aruch Hashulchan 330:4
[29] SSH”K 36:8; Toras Hayoledes 3:1
[30] Toras Hayoledes 29
[31] Piskeiy Teshuvos 330:3
[32] Admur ibid; Michaber ibid; Rambam ibid; Rav Huna ibid; Piskeiy Teshuvos 330:3 footnote 28
[33] Toras Hayoledes 30; Piskeiy Teshuvos 330:3
[34] Nitei Gavriel 58:1
[35] Admur ibid; Michaber ibid; Rashi Shabbos ibid; Taz 330:3; Piskeiy Teshuvos 330:3 footnote 30
[36] SSH”K 36:9
[37] Toras Hayoledes Chapter 29; Piskeiy Teshuvos 330:3 footnote 29
[38] Sheivet Halevy 8:88; Piskeiy Teshuvos 330:3 footnote 29
[39] Piskeiy Teshuvos 330:3
[40] Admur 330:3 “However, to call a midwife from place to place which is a matter which takes time and delay is permitted to be done prior to this [i.e. to her reaching the above mentioned state of a Yoledes] from the time that she feels a little [need to give birth], even if she is in doubt.”; Michaber 330:1; Taz 330:2; Nitei Gavriel 58; See Kinyan Torah 5:27; Toras Hayoledes Chapter 30; Piskeiy Teshuvos 330:3 footnotes 32-36
[41] See Toras Hayoledes Chapter 3; Piskeiy Teshuvos ibid
[42] Nitei Gavriel 58:1; Toras Hayoledes 3 p. 51; Piskeiy Teshuvos ibid
[43] See Toras Hayoledes 3 p. 50-51
[44] See Toras Hayoledes 3 p. 51-54 in length for various cases of Sakana
[45] See Toras Hayoledes Chapter 7
[46] The reason: Being that in today’s times hospitals are more equipped for births and the various possible complications associated with birth, than is a home birth with the assistance of a midwife. Likewise, many more Shabbos desecrations may need to take place by a homebirth verses in a hospital [Toras Hayoeldes ibid] However, in previous times where there was no advantage of giving birth in a hospital versus at home with a midwife, then some Poskim ruled that one may not desecrate Shabbos for the sake of giving birth in the hospital. [Ketzos Hashulchan 140]
[47] Piskeiy Teshuvos 328:12; See Toras Hayoledes Chapter 10:1; 20-21, 24
[48] The reason: As by doing so one diminishes in the transgression of making the phone call, as well as the ambulance drivers usually are not careful in matters of desecration of Shabbos which are not needed, such as driving back to the station, while a religious driver will be. [Now, although the Ketzos Hashulchan 140: footnote 3 rules the opposite that it is better to take an ambulance then to have one drive, this was only because back then the cars would drive back home, which was forbidden, while the ambulances would drive back to their station which was permitted due to that they need to be on call. However today even the Ketzos Hashulchan would agree that it is better for a religious Jew to drive as the religious driver will not drive back home. Thus, there is desecration of Shabbos being saved.]
Matters to beware upon driving to the hospital: See Toras Hayoledes Chapter 20 for laws relating to the turning on of lights in car upon opening the door; Chapter 21 for details relating to 1) carrying the keys; 2) taking a phone; 3) opening and closing the doors; 4) placing on seat belt; 5) Turning on lights 6) Turning on air in car; 7) How to drive with a Shinuiy; 8) How to drive, pace and breaks; 9) Turning of the engine upon arrival.
[49] Piskeiy Teshuvos 328:13 and Toras Hayoledes ibid
Opinion of Admur: Tzaruch Iyun if according to Admur who rules that a Jew is to do the desecration over a gentile, if this applies even in this case [that a Jew should do the driving rather than call a gentile ambulance] being that here people will simply think that the gentile ambulance was contacted not because that a Jew cannot do the driving but rather because it is an emergency, and there is thus no longer a worry that people may come to think that the Jew cannot drive. Furthermore, it is evident to all that the Jew had to call the gentile ambulance and it is thus evident to all that a Jew may desecrate Shabbos to save a life. Thus, it seems clear that in a case that a gentile ambulance driver is available he should be contacted rather than have a religious Jew drive to the hospital, being that although one adds in the phone call he nevertheless diminishes the entire transgression of driving. To note that so rules Piskeiy Teshuvos 328:13 and Toras Hayoledes ibid
[50] See previous footnotes!
[51] As he will do extra Shabbos transgressions unnecessarily; See Toras Hayoledes 13:8-9
[52] Piskeiy Teshuvos 328:13; SSH”K 40:72; Toras Hayoledes 10:2
[53] Piskeiy Teshuvos 328:13; SSH”K 40:72
[54] See Nitei Gavriel 58:4, 5-7, 14, 15; Toras Hayoledes Chapter 24
[55] See Ketzos Hashulchan 140:3; Igros Moshe 1:132; 141; Piskeiy Teshuvos 330:1 footnote 3; Nitei Gavriel 58:8-10; Toras Hayoledes chapter 14
[56] Koveitz Igros Chazon Ish 141; Az Nidbaru 1:29; Beir Moshe 6 Kuntrus Elektry 51; Nachalas Meir 16; Toras Hayoledes p. 80
[57] So is implied from Igros Moshe 1:132
[58] Teshuvos Vehanhagos 2:177
[59] See Nitei Gavriel 58:9; Piskeiy Teshuvos 330:1
[60] Kinyan Torah 4:38; Igros Moshe ibid
[61] See Toras Hayoledes 35:26; Piskeiy Teshuvos 330:1 footnote 5
[62] Based on 407:1; See Toras Hayoledes Chapter 29
[63] As this is similar to a midwife which has traveled to help a woman give birth. Likewise, the escorts are also considered to have traveled due to Pikuach Nefesh. Now although in 405:5 Admur rules that “when one left the Techum due to Ones then if there is a Kosher Eiruv in the city one may walk anywhere in the city. If there isn’t a Kosher Eiruv in the city, then one may not leave the hospital building for any purpose.” Nevertheless, in a case that one left to help save a life the Sages did not limit them to their 4 cubits even if there is no Eiruv in the city.
[64] SSH”K 32 footnote 17-109; Piskeiy Teshuvos 330:1; Nitei Gavriel 58:18-19; Toras Hayoledes 7:1-7 [see there for various scenarios]; See Kaf Hachaim 330:3
[65] See Nitei Gavriel 58:11; Toras Hayoledes 2:29-31; 14:5; 17; Piskeiy Teshuvos 330:1 footnote 2
[66] Minchas Yitzchak 8:30; Shraga Hameir 4:30; Shevet Halevi 3:92
[67] See Nitei Gavriel 58:12-13; Toras Hayoledes 18
[68] Tzchebiner Rav answer to Rav Gerelick of Kfar Chabad [brought in Yagdil Torah Tzemach Tzedek]; Toras Hayoledes p. 32
[69] See Toras Hayoledes 2:30; See Admur 246:9; Kuntrus Achron 445:1
[70] See Nitei Gavriel 58:16-17; Toras Hayoledes 2:46; 12; Piskeiy Teshuvos 328:30; 330:1 footnote 13
[71] Admur 330:3 “It is proper to beware that when the 9th month arrives one prepares all [the matters that would require desecration in the event she was to give birth on Shabbos] from before Shabbos in order so they will not be required to desecrate Shabbos.”; M”A 330:1; Sefer Chassidim 855; M”B 330:1; Chasam Sofer Y.D. 338; Aruch Hashulchan 330:3; Minchas Shlomo 7; Divrei Yatziv 1:170; Shraga Hameir 6:39; Nitei Gavriel chapter 57; Toras Hayoledes 2:1; Piskeiy Teshuvos 330:2 footnote 14
[72] Piskeiy Teshuvos 330; Nitei Gavriel Chapter 57; Toras Hayoledes Chapter 2
[73] Nitei Gavriel 57:2; Toras Hayoledes 2:31; Piskeiy Teshuvos 330:2 footnote 15-16
[74] Teshuvos Vehanhagos 5:88; Toras Hayoledes 2:32; Piskeiy Teshuvos 330:2 footnote 17
[75] This used to be standard birth procedures in hospitals due to hygienic reasons. In most Modern countries this is no longer practiced.
[76] See Nitei Gavriel 58:16-17; Toras Hayoledes 2:46; 12; Piskeiy Teshuvos 330:2
[77] Toras Hayoledes 2:34; 5:1; Piskeiy Teshuvos 330:2
[78] Toras Hayoledes 2:34-45 footnote 20; Piskeiy Teshuvos 330:2 footnote 18
[79] See Toras Hayoledes 2:4-30 in great length
[80] See Toras Hayoledes 2:13 and footnote 10
[81] Toras Hayoledes 2:23-24 and footnote 10
[82] See Nitei Gavriel 57:3; Toras Hayoledes 2:1; SSH”K 36:6; Minchas Asher 1:25; Piskeiy Teshuvos 330:2 footnote 19
[83] Ketzos Hashulchan 140 footnote 3 and 103; Orchos Rabbeinu p. 160; Nitei Gavriel 57:3-4; See Igros Moshe O.C. 1:131; Teshuvos Vehanhagos 5:88; Piskeiy Teshuvos 330:2 footnote 20-21
[84] Nitei Gavriel 57:7
[85] See Nitei Gavriel 59-61; See Toras Hayoledes chapter 35 for all the typical Melachos that are performed during a birth and their Halachic status.
Matters that involve Shabbos desecration during birth: See Toras Hayoledes Chapter 35 for laws relating to 1) Cutting the umbilical cord; 2) Turning on light; 3) Writing or typing information; 4) Blood test to determine one’s blood type. 5) urine test. 6) shaving of hair. 7) bathing. 8) IV. 9) medication. 10) breaching amniotic sac’s. 11) ultrasound. 12) stripping 13) C-section 14) checking for GBS. 15) weighing the baby. 16) raising or lowering the electric bed. 17) turning on the heater for the child.
[86] See Toras Hayoledes Chapter 25
[87] See Toras Hayoledes Chapter 27
[88] See Toras Hayoledes 42:5-6
[89] See Toras Hayoledes Chapter 26; 35:2
[90] Nitei Gavriel 60:1
[91] See Toras Hayoledes chapter 35:3, 11
[92] See Toras Hayoledes chapter 35:7
[93] See Toras Hayoledes chapter 35:8; Piskeiy Teshuvos 330:1 footnote 6
[94] See Toras Hayoledes chapter 35:4
[95] See Toras Hayoledes chapter 35:20
[96] See Toras Hayoledes chapter 35:12, 21
[97] See Toras Hayoledes chapter 35:13
[98] See Toras Hayoledes chapter 35:5
[99] See Toras Hayoledes 35:15
[100] See Toras Hayoledes chapter 35:17, and chapter 36
[101] See Toras Hayoledes chapter 35:6
[102] Admur 330:5; Michaber 330:4 and 6; Shmuel and Neharda in Shabbos 129a; Piskeiy Teshuvos 330:4 footnote 43-46
[103] Admur 330:1 “At night one may light a candle for her. [Furthermore] even if she is blind and even if the other women which are assisting her do not require this candle, as they are able to fully assist her without a candle, [nevertheless] one lights a candle for her.”; See Toras Hayoledes chapter 5 in length and Toras Hayoledes Chapter 35:1
The reason: As although she [the patient] cannot see she becomes calmer upon knowing that there is light here, as she tells herself that if there is anything that she needs my friends can see and can do so for me. However, if she were to know that there is no candle here then there is worry that she will become endangered due to fear in her heart, as she will fear that perhaps the assistors are not doing properly what she needs done. [Admur ibid]
[104] See Toras Hayoledes 35:23
[105] See Toras Hayoledes 42:10
[106] See Toras Hayoledes 37:8
[107] See Toras Hayoledes 37:8
[108] See Toras Hayoledes 42:1
[109] See Michaber 330:6; Toras Hayoledes 37:1
[110] See Toras Hayoledes 37:1
[111] See Toras Hayoledes 37:1
[112] Toras Hayoledes 37 footnote 4; 37:22
[113] See Toras Hayoledes 35:23
[114] See Toras Hayoledes 35:27
[115] See Toras Hayoledes 35:28-29
[116] See Toras Hayoledes 37:1; 42:3; 43:1-4; Admur 328:16
[117] See Toras Hayoledes 42:2
[118] See Toras Hayoledes Chapter 40 for many details relating to lighting in the hospital and after birth
[119] Nitei Gavriel 66:4
[120] Reshimos of Rabbi Label Groner that so directed the Rebbe
[121] See Levushei Mordechai Telisa 59; Beis Yitzchak Y.D. 1:120; 2:31; Maharshag 2:120; Pekudas Elazar; Kaf Hachaim 673:19; Har Tzevi 2:114; 143; Rav Henkin in Eidus Yisrael p. 122; Mikraeiy Kodesh Chanukah 20; Shearim Hametzuyanim 129:4; Meoreiy Eish p. 95; Tzitz Eliezer 1:20-12; Beir Moshe 6:58-59; Yabia Omer 3:35; Az Nidbaru 3:1; Piskeiy Teshuvos 673:1; Shulchan Menachem 3:272; Piskeiy Teshuvos 263:9 footnotes 93-95; Shevach Habris 6:2; Nitei Gavriel 66:8
[122] See Poskim ibid; See Shevach Habris 6:2 footnote 4 that so ruled Rav Issac Shwei
[123] See Nitei Gavriel 66:11-21; Toras Hayoledes 41:1-7
[124] See Toras Hayoledes 41:16-20
[125] See Admur 288:2-3; 242:7 regarding fish; Michaber 288:2; Piskeiy Teshuvos 273:1; Likkutei Sichos Vol. 21 Sicha 2; Rav Chaim Kanievsky in Derech Sicha Parshas Beshalach; Yaavetz Pesachim 114a
[126] See Nitei Gavriel 66:21-29; 3; Toras Hayoledes 41:8-10
[127] Piskeiy Teshuvos 328:13; 330:1 footnote 10-12; Nitei Gavriel 58:21-25; See Toras Hayoledes Chapter 28
[128] This includes if one will not be able to pray with a Minyan or eat the Shabbos meals. [Teshuvos Vehanhagos ibid]
[129] SSH”K 36:10; Teshuvos Vehanhagos 2:174 [However there the allowance is only if the gentile is any ways traveling to their area, or one hints to a gentile ambulance driver to do so. However, to ask a regular gentile to drive them back he does not allow.]
[130] See Nitei Gavriel 61; Toras Hayoledes 37:1; Piskeiy Teshuvos 330:4
[131] Admur 330:4 “Throughout the entire first three days after birth the Yoledes is considered like a definite dangerously ill person. Therefore one is to desecrate Shabbos on her behalf even if she claims that it is unnecessary but her comrades claim that she needs it. Even if there is no midwife or doctor amongst them one is to do for her all her needs, as the matters that are done for a Yoledes during the week are well known to all. Even if she eats the foods of other [healthy] people [and thus it appears that she is healthy] we say that [this is because] she temporarily does not feel [her ill state], but [in truth] if she were to eat cold foods or other foods that a dangerously ill person refrains from eating, she would fall in danger. However, if a midwife or a doctor say that there is no need to desecrate Shabbos, [the comrades] are to listen to them. The reason for this is because there are many Yoldos which do not have hot food made for them daily, and so is the custom today in some places that they eat on Shabbos the foods heated from the day before.”; Michaber 330:4; Shmuel and Neharda in Shabbos 129a; Rashba 7:343; Taz 330:3; M”A 330:8; See Toras Hayoledes chapter 35
[132] The reason: The reason for this is because her limbs are loose and she is physically crushed. [Admur ibid]
[133] Admur ibid; Aruch Hashulchan 330:5; See Piskeiy Teshuvos 330:4 footnote 37
[134] Tzitz Eliezer 8:15-10; Piskeiy Teshuvos 330:4 footnote 40
[135] Admur ibid; M”A ibid; Ramban
[136] Admur ibid; M”A ibid; Ramban; Menorah Hatehora 330:6; M”B 330:13; See Piskeiy Teshuvos 330:4 footnote 37
Other opinions: Some Poskim rule that one should still desecrate Shabbos on her behalf even in such a case. [Aruch Hashulchan 330:5; Rashba; See Piskeiy Teshuvos 330:4 footnote 37]
[137] Admur 330:5 “From [after] three [days after birth] until the end of the seventh [day], if she says “I do not need [Shabbos desecrated]” then it is not to be desecrated even if her comrades claim that she does need [it done]. The reason for this is because she is no longer considered endangered with regards to those matters which her comrades commonly do for her during the week, and it is [thus] possible for her to wait until the night [after Shabbos to have those things done]. The above is with exception to if a midwife or doctor say that she needs [Shabbos desecrated for her], in which case Shabbos is likewise desecrated for other ill patients, as was written in chapter 328 [Halacha 10]. All the above is when she claims that she does not need Shabbos desecrated, however ordinarily when she does not voice an opinion and her comrades do not know [if she needs it done or not], then Shabbos is desecrated [for her]. However, if her comrades say that she does not need [Shabbos desecrated], then it is not to be desecrated. However, the above is with exception to if she says “I do need [Shabbos desecrated],” in which case even if 100 doctors say she does not need Shabbos desecrated, [nevertheless] it is to be desecrated. The reason for why she is believed over the doctors is because one’s own heart knows the bitterness of his soul, and as will be explained in chapter 618 [Halacha 1] regarding other ill patients.” Michaber 330:4; Neharda in Shabbos 129a; M”A 330:9; M”B 330:14; Piskeiy Teshuvos 330:4 footnote 42
[138] Admur ibid; However, see Piskeiy Teshuvos 330:4 footnote 42
[139] Admur 330:5 “From the end of seven days and onwards, even if she says she needs [Shabbos desecrated], it is not to be desecrated for her behalf. Rather she is considered until thirty days like a non-dangerously ill person, of which all their needs may be done by a gentile, with exception to the matter of a heater of which if she needs it, it is to be done by a Jew being that feeling cold is a danger for her for the entire duration of the thirty days, and even in the time of Tamuz. Regarding if others are allowed to warm up opposite this bonfire [which was heated for her] was explained in Chapter 276 [Halacha 13].” Michaber 330:4 and 6; Shmuel and Neharda in Shabbos 129a; Piskeiy Teshuvos 330:4 footnote 43-46
[140] Toldos Hayoeldes 35; ; Piskeiy Teshuvos 330:4 footnote 45
[141] Admur 330:6 “These [above mentioned] days are not counted through 24 hours [per day], but rather if she gave birth on Wednesday close to night, then when the entrance of night of Shabbos arrives, it is already the fourth day from her birth, even though she had not completed three 24 hour days until close to the night of Shabbos. The same applies for [calculating] the seven days and thirty days.”; 617:5; M”A 330:7; Terumas Hadeshen 148; menorah Hatehora 330:5; Chayeh Adam 68:17; Kitzur SHU”A 93:3; Kaf Hachaim 330:21; See Shevet Halevi 8:88; Nitei Gavriel 61:3; Piskeiy Teshuvos 330:4 footnote 41
Other opinions: Some Poskim rule that the days are measured in 24 hours. [M”B 617:13; Biur Hagr”a; Yeshuos Yaakov 617; Minchas Shabbos 93:6; Binyan Tziyon 25; Orchos Chaim 330:6; Minchas Shlomo 1:7; Yabia Omer 7:53; See Kaf Hachaim 617:22; 330:21; See Nitei Gavriel 61:3]
If she gave birth on Bein Hashmashos: See Ketzos Hashulchan 140 footnote 8 that we are lenient; Piskeiy Teshuvos 330:4 footnote 41
[142] Ashel Avraham Opnehiem 330; Mateh Asher 9; Kaf Hachaim 330:2; Biur Halacha 617:4; Sdei Chemed; Piskeiy Teshuvos 330:4; Nitei Gavriel 61:13
[143] Nitei Gavriel 61:7; Piskeiy Teshuvos 330:4 footnote 38; See Toras Hayoledes 37:1that she may do so even directly within three days after birth although it is best to ask a gentile. If there is no gentile available, then she may do so with a Shinuiy.
[144] Nitei Gavriel 61:8; Piskeiy Teshuvos 330:4 footnote 47
[145] Toras Hayoledes 37 footnote 4; 37:22
[146] See Toras Hayoledes 37:1
[147] Admur 187:1; 188:8-15
[148] Admur 288:8 and 9
[149] Admur 288:9; Michaber 288:10; Shach Y.D. 335:10
[150] Admur 288:9; See M”A 288:14 and Machatzis Hashekel ibid; Rav Akiva Eiger 288:10; M”B 288:28 over; Maavor Yabok Mamar Sifsei Tzedek 1; Maharam Mintz 67; Nitei Gavriel 62:7
[151] Admur 330:8 “The child which is born on Shabbos may have all of his needs done for him. One may: Bathe him, Salt him in order so his flesh harden, Bury the placenta in order to warm the infant [This had a supernatural effect in warming the child-M”B], Cut the umbilical cord, as all these matters the infant has pain from them if they are not done for him, and since they do not contain any Biblical work the Sages allowed it [to be done].”; Michaber 330:7; Rambam Shabbos 2:14; Rav in Shabbos 129b
Burying the placenta in order to warm the infant: See Admur ibid; M”B 330:25-26; Piskeiy Teshuvos 330:7
Chilul Shabbos for a baby born with severe medical issues: See Nishmas Avraham 4:330-3; Piskeiy Teshuvos 330:8
[152] See M”A 330:13; M”B 330:23; Biur Halacha 330; Piskeiy Teshuvos 330:6 footnotes 55-58 for examples of such actions that may not be done
[153] See Kaf Hachaim 330:39; Piskeiy Teshuvos 330:6 footnote 55
[154] Admur 330:10 “One may straighten the limbs of a livable child which have dislocated due to the pain of the birth. However, this is only allowed to be done on the day of the birth, however afterwards it is forbidden. The reason for this is because it appears like building. However, to wrap him in his clothing in order to straighten his limbs is always permitted as this is the ordinary way of doing things during the week and it does not appear like building on Shabbos. However, an infant which is not wrapped during the week and his limbs have bent on Shabbos, it is forbidden to wrap him in order to straighten them.”
[155] Admur 330:11 “If the foreskin of the throat of the infant fell it is permitted to place a finger into his mouth and remove the foreskin to its place even though that at times this will cause him to vomit.”
[156] See Toras Hayoledes chapter 35:22; Piskeiy Teshuvos 330:6
[157] See Toras Hayoledes 35:24
[158] Admur 330:8 “The above allowance applies by a livable baby, which is defined as a baby which was for certain born in the ninth [i.e. after the end of the 9th month, which is approximately after week 38 ] or seventh [month] (such as if the husband separated from her after [the original] marital relations [which got her pregnant]). However if the child was born in the eighth month, or if it is questionable whether it was born after seventh or eighth, then one does not desecrate Shabbos for him whether for the above matters, whether for matters which lack of performing can endanger him, such as to undo a mound that is over him, unless his hair and nails have completed growing, in which case he certainly was fully developed by the seventh months and it just delayed leaving his mother’s womb after having been fully developed. Therefore, even if he is for certain born in the eighth, such as if her husband separated from her after having marital relations, his status is like one who was born in the seventh month for all matters and he is [thus] to be circumcised on Shabbos. However, if his hair was smitten and his nails are not complete as [are to be] when born, then even if he is questionably a child of the eighth month, his ruling is like one who is for certain of the eighth month for all matters. Furthermore even regarding life threatening matters in which one [is ordinarily allowed to] desecrate [even] when there is a doubt, even by a fetus which never had a living status due that we suspect that perhaps he has developed enough months and his hair and nails are complete, nevertheless here where we see that [his nails and hair] are not complete it is close to certain that he was born in the eighth [month], [and he] would not have been complete until the ninth month, and he hurried to be born prior to the time and he is a stillborn. Even to move such a baby is forbidden the same way it is forbidden to move a stone. Therefore, one does not circumcise this child on Shabbos. We do not say let us circumcise the child in any event as if the child is a seventh month old then his circumcision overrules Shabbos and if he is an eighth month child then there is no Shabbos desecration here in the circumcision, as it is like merely cutting meat. [The reason for this is] as since it is close to certain that it is an eighth month child the Sages did not want to allow moving him on behalf of his circumcision in a scenario where it is close to certain that his circumcision is meaningless. There are those who argue on this and say that since it is possible that he is a seventh month child and all seventh month children are not stillborn despite that their hair and nails have not fully developed, therefore there is no prohibition at all to carry him on Shabbos, and so too he is to be circumcised on Shabbos in any event. However, one may not desecrate Shabbos for him according to all whether for matters in which there is danger [for the child] if they are not done, whether for matters that [the Sages] permitted to do for the child on the day that he was born due to his pain even though that [doing these actions] do not contain a Biblical prohibition. Based on this [latter] opinion today we circumcise all children even if he was born in the eighth month as we are not expert in the months of pregnancy as at times a woman conceives near her immersion and at times she does not conceive until later and it is possible that the child is a seventh month child, and even though that his hair and nails have not fully developed he is to be circumcised, and so too it is permitted to move him on Shabbos. (Regarding the final ruling in a Rabbinical matter one follows the lenient opinion and therefore one who is lenient to move the child like the latter opinion does not lose [following religious law], however with regards to circumcision on Shabbos it is better to sit and do nothing, as it is proper to suspect for the words of the forbidding opinions, [as] although there is no prohibition in moving the child there is a prohibition in circumcising the child on Shabbos for no need as similarly there is a prohibition in cutting the umbilical cord on Shabbos even according to the latter opinion as was explained [above].) “
[159] To note in 331:3 Admur writes plainly that he may not be circumcised on Shabbos.
[160] Chazon Ish 155:2; Minchas Yitzchak 4:123; Shevet Halevi 3:141; Kinyan Torah 3:42; Chazon Ish Yoreh Deah 155; Piskeiy Teshuvos 330:8; Nitei Gavriel 60:7; Toras Hayoledes 61
Chilul Shabbos for a baby born with severe medical issues: See Nishmas Avraham 4:330-3; Piskeiy Teshuvos 330:8
[161] The reason: As today we have incubators and other forms of technology which highly raise the child’s ability of survival and it is thus no longer considered like a stillborn. [Poskim ibid]
[162] Piskeiy Teshuvos 330:9
[163] So rules Sheivet Halevy 5:47
[164] See Admur 328:41; Michaber 328:34-35; Piskeiy Teshuvos 330:10-12; Shabbos Kehalacha Vol. 3 Chapter 20; Toras Hayoledes 44
Muktzah of Nolad: See Admur 305:31 regarding milk of an animal that it is forbidden on Shabbos due to Nolad/Muktzah Vetzaruch Iyun why no mention of this is recorded here!
[165] Shabbos Kehalacha 19:1; Piskeiy Teshuvos 330:10
Why is there no prohibition of Mifarek involved in breast feeding a child on Shabbos and may one breast feed even if the child can eat other foods? The allowance is based on the fact that it is considered Derech Achila, and hence one may breastfeed even if other foods are available, and even if the child is full. [See Shulchan Shlomo 328:56 in name of Rav SZ”A; Piskeiy Teshuvos 330:10]
[166] Piskeiy Teshvuvos 330 footnote 80
[167] The reason: As the milk is going directly into his mouth, and is the form of eating, and receives the same allowance for all nursing.
[168] Admur ibid; Michaber 328:34; Shibulei Haleket 123; Tosefta 10:14
[169] Admur ibid; Beis Yosef 330 in name of Morechai Remez 371; Olas Shabbos 328:38; Avnei Nezer 47; Divrei Malkiel 5:238; Tehila Ledavid 328:59 based on Tosafus Shabbos 135a; Shaar Hatziyon 328:81; Kaf Hachaim 328:203; Shevet Halevi 6:30; 7:99; 8:81; Yabia Omer 2:32; See Piskeiy Teshuvos 330 footnote 82
Other opinions: Some Poskim rule that doing so is only Rabbinically forbidden, being that it is not the normal way of nursing to squeeze out the milk using one’s hands, and hence it is considered a Shinuiy. [Tosefes Shabbos 328:59] However, see Shevet Halevi ibid that in today’s times it is very common to pump breast milk, even the Tosefes Shabbos would agree that it’s biblically forbidden.
[170] The reason: The reason for this is because one who milks into a vessel is completely detaching [the milk from its source] and is liable for the threshing prohibition. It was only permitted to do a Biblical prohibition in a case of life-threatening danger [and not simply to feed a child]. [Admur ibid; Beis Yosef 330; Mordechai Remez 371]
[171] See Har Tzevi 201; Piskeiy Teshuvos 330:11; Shabbos Kehalacha 19:8
[172] Divrei Shalom 1;28; Piskeiy Teshuvos ibid footnote 82; However, see Shabbos Kehalacha 19:13-14 and Biurim 7 regarding using an electric pump that set up before Shabbos, and that in a time of great need she may do so, if she places it on her breast before it turns on.
[173] Although doing so involves a biblical transgression, one may transgress biblically for the sake of Pikuach Nefesh. [Admur 328:41]
[174] See Or Letziyon 2:36-8; Nishmas Shabbos 328:460; Piskeiy Teshuvos 330:11 footnote 83 that in today’s times that the formulas have tremendously advanced in their quality, one should not follow leniency of the Poskim in next footnote, and should always try formula first, after consulting with a doctor.
[175] Maor Hashabbos 14:61 in name of Rav SZ”A and Rav Elyashiv; Yabia Omer 9:32; Shabbos Kehalacha 19:9
[176] Har Tzevi 201, brought in SSH”K 36:22
[177] A Grogeres is 19.2 milliliters [Shiurei Torah 3:17], thus one is to squeeze less than this amount at a time; See regarding the shiur Chatas for pumping breast milk: Birkeiy Yosef 328:13 in name of Radbaz; Erech Hashulchan 328:13; Kaf Hachaim 328:204
[178] The reason: In order to avoid pumping the amount that would make one liable for a Chatas. [Har Tzevi]
[179] Shabbos Kehalacha 19 Biurim 5; Piskeiy Teshuvos 330:11 footnote 84
[180] As all the milk in the stomach of the child joins for the Shiur [Avnei Nezer 232; Ketzos Hashulchan 138 footnote 30], and hence pumping in intervals does not make this matter more lenient. [Shabbos Kehalacha ibid]
[181] In order to diminish the amount of times that she pumps. [Shabbos Kehalacha ibid]
[182] Some Poskim rule, that if a gentile is available, then it is better to use an electric pump through asking the gentile to plug it in, then to use a hand pump. [Shraga Hameir 3:7; Piskeiy Teshuvos ibid footnote 85]
[183] Piskeiy Teshuvos ibid and footnote 86
[184] Piskeiy Teshuvos ibid footnote 85; Shabbos Kehalacha 19:13-14 and footnote 23 and Biurim 7
The reason: As by an electric pump it does all the pumping, and hence she is only considered to have done one action of Melacha, while by a manual pump, every time she squeezes it, another Melacha is done.
[185] SSH”K 27:50 based on Chazon Ish 38:4; Shabbos Kehalacha ibid; Piskeiy Teshuvos ibid footnote 87; However, see Maor Hashabbos 14 footnote 105 that this is not Gerama at all; See also there and Toras Hayoledes 41:7 if placing one’s finger on the hole which causes it to turn on is considered Gerama or not
[186] Piskeiy Teshuvos 330:11
[187] See Admur 320:16; 318:25-27; Shabbos Kehalacha Vol. 1 p. 212
[188] See Admur 318:29; Michaber 318:17; Shabbos Kehalacha Vol. 1 p. 210
[189] See regarding the cooking prohibition, that it does not apply by milk in a Keli Sheiyni: Admur 318:12; Minchas Yitzchak 5:127 [unlike SSH”K 1 footnote 151 based on M”B 318:39]; See Poskim in next footnote regarding that the insulation prohibition does not apply in such a case if not fully submerged
[190] See Admur 318:23; Mahadura Basra for chapter 259 p. 878 in new Shulchan Aruch; M”B 258:2; Chazon Ish 37:17; Sheivet Halevy 5:31; Shabbos Kehalacha Vol. 2 page 65; Piskeiy Teshuvos 258:2
[191] Admur ibid; Michaber 328:35; Shibulei Haleket 123
[192] Implication of Admur ibid who in his reasoning writes that the milk is going to waste; P”M 328 A”A 41; Ketzos Hashulchan 138 footnote 30
Other opinions: Some Poskim rule that it is better to squeeze the milk into the baby’s mouth then to squeeze it onto the floor, as squeezing it onto the floor is not allowed according to some opinions. [Kaf Hachaim 328:206]; See coming footnotes!
[193] The reason: The reason for this is because this milk [that is squeezed] is going to waste and therefore it does not contain a Biblical “detaching” prohibition, but rather a Rabbinical prohibition as explained above, and for the need of a child [the Sages] did not apply their decree. [Admur ibid; Olas Shabbos 328:35; Kaf Hachaim 328:205; See Admur 320:21; 330:9; Or Zarua 2:58]
[194] Ketzos Hashulchan 138 footnote 30; P”M 328 A”A 41, as understood by Shaar Hatziyon 328:81; Tehila Ledavid 328:59; See Tosefes Shabbos 328:59 who questions the allowance of Shibulei Haleket; See Shaar Hatziyon 328:81 who also questions the allowance of Shibulei Haleket and leaves this matter with a Tzaruch Iyun; See Kaf Hachaim 328:206 that so is implied from Admur ibid and Olas Shabbos ibid, however, he understands their ruling to simply permitting even squeezing onto the ground and not excluding squirting into the mouth; See Piskeiy Teshuvos 330:10
Other opinions: Some Poskim rule that she may even squirt the milk directly into the baby’s mouth. [Chayeh Adam 69:10; Shibulei Haleket 123; Mishneh Berurah 328:112 (However, see Shaar HaTziyon ibid in which he questions as to why this is allowed.); See Kaf Hachaim 328:206 that in his understanding this applies according to all opinions, even Admur ibid, and the dispute is on the contrary if it may be squirted onto the ground; Thus, he concludes that it is better to squirt it into the mouth and not onto the floor unless it is a time of need; See Or Sameiach on Rambam Shabbos 8:10; Migdanos Eliyahu 3:53; Chayeh Halevi 5:35; Megilas Sefer 7:5 in name of Rav SZ”A; Piskeiy Teshuvos 330:10 footnote 80]
[195] See Or Sameiach on Rambam Shabbos 8:10; Migdanos Eliyahu 3:53; Chayeh Halevi 5:35; Megilas Sefer 7:5 in name of Rav SZ”A; Piskeiy Teshuvos 330:10 footnote 80
[196] Chayeh Adam 69:10; Shibulei Haleket 123; Mishneh Berurah 328:112 (However, see Shaar HaTziyon ibid in which he questions as to why this is allowed.); See Kaf Hachaim 328:206 that in his understanding this applies according to all opinions, even Admur ibid
[197] See Kaf Hachaim 328:206 that in his understanding this applies according to all opinions, even Admur ibid, and the dispute is on the contrary if it may be squirted onto the ground; Thus, he concludes that it is better to squirt it into the mouth and not onto the floor unless it is a time of need
[198] Ketzos Hashulchan 138 footnote 30; P”M 328 A”A 41, as understood by Shaar Hatziyon 328:81; Tehila Ledavid 328:59; See Tosefes Shabbos 328:59 who questions the allowance of Shibulei Haleket; See Shaar Hatziyon 328:81 who also questions the allowance of Shibulei Haleket and leaves this matter with a Tzaruch Iyun; See Kaf Hachaim 328:206 that so is implied from Admur ibid and Olas Shabbos ibid, however, he understands their ruling to simply permitting even squeezing onto the ground and not excluding squirting into the mouth; See Piskeiy Teshuvos 330:10
[199] Implication of Admur ibid who in his reasoning writes that the milk is going to waste; Ketzos Hashulchan 138 footnote 30
[200] Implication of Admur ibid; Shaar Hatziyon 330:81; However, see Tehila Ledavid 330:59 and see Piskeiy Teshuvos 330 footnote 81 and 328:59 that perhaps having the child look at the milk is also considered a use
[201] Tehila Ledavid 330:59; Piskeiy Teshuvos 330:10
[202] Admur 330:9; Michaber 330:8; Shabbos 135a; Rosh Shabbos 19:5; Tosafus Shabbos ibid
[203] The reason: The reason for this allowance is as since this milk is going to waste it does not contain the [Biblical] detaching prohibition but rather [only] the Rabbinical prohibition, and due to her pain, they did not decree [against removing it]. [Admur ibid; Rosh ibid; Tosafus ibid; Olas Shabbos 330:8; 1st reason in M”B 330:32; Kaf Hachaim 330:49] Alternatively, the reason is because it is considered a Melacha Sheiyno Tzericha Legufa. [2nd reason in M”B 330:32; See Piskeiy Teshuvos 331 footnote 91]
[204] Admur ibid; Rosh ibid; Tosafus ibid; Beis Yosef 330 in name of Mordechai; Olas Shabbos 328:38; Kaf Hachaim 328:203
[205] See Piskeiy Teshuvos 330:8 [12 in new edition]
The issue of Muktzah: Vetzaruch Iyun as to why none of the Poskim who deal with this question touch upon the idea that squeezing into a vessel transgresses the laws of Muktzah due to it being Mivatel Keli Meiheichano.
[206] So is proven from all the following Poskim that the allowance to pump milk for the sake of relieving breast praying is only when the milk will be going to waste: Admur 330:9; 328:41; Michaber 328:34; 330:8; Shabbos 135a; Rosh Shabbos 19:5; Tosafus Shabbos ibid; Beis Yosef 330 in name of Mordechai; Olas Shabbos 328:38; Kaf Hachaim 328:203; 330:50
[207] Bris Olam
Opinion of Admur: See Piskeiy Teshuvos 330:12 footnote 91 that according to the M”B who records Melacha Sheiyno Tzericha Legufa as a second reason for the allowance it is permitted to squeeze into a bottle and then throw out. This implies that according to Admur ibid who omits this reason only writes the reason of it going to waste, that it would be forbidden.
[208] The reason: As the entire allowance is due to it going to waste, and whenever it does not go directly to waste it can be under the biblical prohibition of Mifareik. []
[209] Avnei Nezer 47; Piskeiy Teshuvos 330:12 and footnote 91 that so is the ruling according to the M”B who records a second reason for the allowance being that it is a Melacha Sheiyno Tzericha Legufa; See Kaneh Bosem 1:21
[210] Ketzos Hashulchan 138 footnote 30
[211] A Grogeres is 19.2 milliliters [Shiurei Torah 3:17], thus one is to squeeze less than this amount at a time.
[212] The reason: As one is only liable for the Detaching prohibition if he pumps the minimum measurement of a Grogeres.
[213] Mishneh Yosef 9:34 based on Rashi Shabbos 135a who writes of having too much milk can lead to illness, hence implying that currently there is no illness; Piskeiy Teshuvos 330:12 footnote 92
[214] See Zivcheiy Tzedek Y.D. 116:90; Kaf Hachaim 116:148
[215] Tiferes Yisrael Kalkeles Hashabbos Dash 5; Kaf Hachaim 328:210; Ketzos Hashulchan 130 footnote 30; Shevisas Hashabbos Dash 35; Piskeiy Teshuvos 330:12 footnote 92
[216] Piskeiy Teshuvos 330:11 footnote 82
[217] The reason: As the allowance to squeeze milk even when it goes to waste is only allowed when done for the sake of the child, such as to stimulate it, or for the sake of relieving physical pain, and not simply for the sake of not getting wet in which case it would be a rabbinical prohibition to squeeze out the milk even if it goes to waste.
[218] Piskeiy Teshuvos 330:12 footnote 93
[219] SSH”K 36:21
[220] Maor Hashabbos 14:105
[221] See regarding that milk that flowed on Shabbos is Muktzah00: Admur 305:31; 308:9; Kuntrus Achron 305:2; Michaber 305:20; M”A 305:12; Shut Rav Akiva Eiger 5; Tehila Ledavid 328:56; Chazon Ish 44:4-5; M”B 328:58 regarding moving Muktzah milk for baby with Shinuiy; Tzitz Eliezer 8:15-12; Peir Hador 3:182; Megilas Sefer 66; Maor Hashabbos Shevet Halevi 8:80; Shabbos Kehalacha 19:15; Piskeiy Teshuvos 330:11 and 12 footnote 88; See regarding status of Muktzah of complete Nolad: Admur 310:19; 507:3; M”A 310; M”B 310:32;
Other opinions: Other Poskim differentiate between milk of a mother and cows milk and argue that perhaps mothers milk is not Muktzah as they disregard the reason of Nolad altogether, and claim that since it is meant for breastfeeding, there is no decree of Mashkin Shezavu. However, according to Admur who invalidates cows milk due to Nolad, the same would apply to women’s milk. []
[222] The reason: There is nothing intrinsically wrong with wearing a milk collector cup on Shabbos so long as one does not actively squeeze out any milk into it, and it is no different than wearing a nursing pad. Although it is a Biblical prohibition of Dash/Mifareik to squeeze milk on Shabbos, whether from a milking cow or a nursing mother, nonetheless, this prohibition only applies against actively squeezing the milk, however, to have the milk simply drip out on its own is not under any prohibition, and is not something that one can control.
[223] The reason: According to many Poskim, the milk itself is considered Muktzah due to being a complete Nolad and perhaps also due to the decree of Mashkin Shezavu, and so rules the Alter Rebbe in his Shulchan Aruch.
Other opinions: Other Poskim differentiate between milk of a mother and cows milk and argue that perhaps mothers milk is not Muktzah as they disregard the reason of Nolad altogether, and claim that since it is meant for breastfeeding, there is no decree of Mashkin Shezavu. However, according to Admur who invalidates cows milk due to Nolad, the same would apply to women’s milk. []
[224] Background: Being that the milk is Muktzah, therefore it would seem that it would not be permitted to use a milk collector cup on Shabbos being that the milk is forbidden to be handled due to Muktzah. However, in truth we can permit moving the nursing cup that holds the milk in order to then spill it out into the sink under the basis of Tiltul Min Hatzad, which permits moving a non-Muktzah object that contains a Muktzah object in it for the sake of the non-Muktzah object, and so too here one desires to get rid of the milk from the cup for the sake of emptying it. Likewise, perhaps it can be permitted under the status of Geraf Shel Reiy, being no different than throwing out a soiled nursing or sanitary pad. However, if one desires to keep the milk for feeding after Shabbos, then it is a problem due to Muktzah to move the breast cup for the sake of spilling and saving the milk, as Tiltul Min Hatzad is prohibited when done for the sake of the Muktzah item. Nonetheless, as by all Muktzah, it would be permitted to do all this using an irregularity, such as the back of one’s hands, if one can manage to do so. Now, regarding circumventing the Muktzah prohibition by placing water in the cup, so is explicitly ruled in the Poskim regarding Muktzah wine that flowed on Shabbos, and works under the basis of Kama Kama Batul. However, if in the end there will be more milk than water in the mixture then although it is still not Muktzah, it is questionable whether a child may drink as perhaps the milk is forbidden to be consumed due to the decree of Mashkin Shezavu. Vetzaruch Iyun!
[225] See regarding Tiltul Min Hatzad: Admur 308:61-62; 309:4-6; 310:17; 311:14; Michaber 308:27; 309:3-4; 310:8; 311:8; See regarding Geraf Shel Reiy: Admur 308:72-76; 335:4; Michaber 308:34-37; Gemara Beitza 36b; Shabbos 121b;
[226] See regarding Kama Kama Batul: Admur 335:4; M”A 335:4; Darkei Moshe 335:1; M”B 335:15; Yoreh Deah 134:1 and 3; Shach Y.D. 134:4; Avnei Nezer Y.D. 225; Shabbos Kehalacha 19:15 and 16 Biurim 8 p. 20
[227] See regarding the decree of Mashkin Shezavu: Regarding fruits: Admur 320:3; Michaber 320:1; Shabbos 143b; Regarding milk: Admur 305:33; Kuntrus Achron 301:2
Leave A Comment?
You must be logged in to post a comment.