May a gentile be requested to violate a rabbinical violation even for
the sake of a slight ache or pain?
In
earlier shiurim we learned that one may request a gentile to ‘violate’
the Shabbos and perform melachos
d’oraisso
for the health and medical needs of a 'choleh she'ain bo sakana',
and the gentile may
‘violate’ rabbinical prohibitions for the sake of a slightly ill person.
However, a person
who is suffering from a slight ache or minor pain is not considered as
being ill and a gentile may not be requested to violate any prohibitions
in such instances.
Chazal did not
permit the violation of any issurim under such circumstances.
Is it possible to be a bit more specific?
It is difficult to
draw the fine line between one who is slightly ill and one who has a
minor ache or pain. It would be fairly safe to say though, that a light
headache or a very mild sore throat does not permit having a gentile
violate anything at all. In such cases there is another issue that
involves the administration of medication. Even if one is permitted to
request a gentile to violate an issur d’rabanan, it must be
understood how one is to administer the medication being that only one
who is defined as a 'choleh she'ain bo sakana' (bedridden or
sick) may have medication. B’ezras Hashem, when we learn about
medication on Shabbos we will deal with this question.
When may I
request that a gentile violate the Shabbos for the sake of a mitzvah?
The question should
be ‘is it permitted to request a gentile to violate an issur for
the sake of a mitzvah’? The answer is not so simple.
We find a big
machlokes between the Rishonim on the following issue: we
know that there is a mitzvah to perform a B’ris Milah on
an 8-day-old baby even on Shabbos. What happens if the mohel
realizes before the B’ris that he forgot the knife at home? Is he
permitted to request a gentile to perform a melacha d’oraisso and
bring the knife to the baby’s house through a reshus harabim (a
public domain)?
Most Rishonim
learn that although
one may perform the actual B’ris on Shabbos, one may not instruct
a gentile to violate an issur d’oraisso for the sake of
the B’ris, only an issur d’rabanan.
Accordingly a
gentile may not sharpen the knife but a gentile is permitted to fetch a
knife and carry it through a karmelis (a rabbinic domain).
However the Ba’al
Halachos Gedolos learns that one may request a gentile to violate
even an issur d’oraisso
for the
sake of the B’ris.
What is the
halacha?
The Mechaber
writes that one may request a gentile to violate an issur d’rabanan
for the Milah but not issurei d’oraisso.
The Mishna Berura
writes
that it is preferred
that a gentile carry the knife through a rabbinical domain to where the
baby is, than to take the baby through the rabbinical domain (where
there is no eiruv), because one will have to return the baby to
his house thereby violating the Shabbos twice, whereas the knife can
remain where it is until after Shabbos.
The Rama
however writes ‘see above in simon 307’. In simon 307:5
the Rama writes that there are opinions who hold that one may
request a gentile to violate an issur d’oraisso
for the
sake of a mitzvah. That opinion belongs to the Ba’al Ha’Itur
and it is compatible with the Ba’al Halachos we mentioned.
The Mishna Berura
writes
that many poskim
Achronim
argue with the Rama
and do not permit one to request a gentile to violate an issur
d’oraisso
for the
sake of a mitzvah. He continues saying that when there is no
other option,
one has what to rely
on to request a gentile to violate an issur d’oraisso for the
sake of a Milah especially if it only involves carrying the knife
in the street, if the street is not a reshus harabim d’oraisso.
Be”H we will learn what the definition if a reshus harabim is.
The purpose of these
shiurim is not to pasken, as these issues are complicated and
when the occasion arises a competent rav must be consulted with. It is
our purpose to merely present the various issues involved.
