Sunday, October 30, 2016

Shabbat part 13


There are many "outs" in the laws of Shabbat. They need to be examined based on sources, as well as judged for their advisability in "real life". First allow me to reiterate a basic principle in regard to "emergency" situations. When danger to life "pikuah nefesh" is involved, all Shabbat restrictions go by the wayside, although we may not do anything that is unnecessary for the patient. Even if an action is necessary, we try to minimize the work done; like preferring a rabbinic prohibition over a Biblical one, if this would not mean a delay in the patient's care. In case of general weakness or discomfort (pain all over the body, or pain so severe that the patient needs to lie down, or cannot sleep), albeit not in actual danger, rabbinic prohibitions may be ignored. Let's take a look at these principles and their application. You will recall that the thirty-nine categories of "work" on Shabbat, are derived from the labors used in the building of the Sanctuary. But what if we are performing the same labor, but not for the same goal for which it was used in the Sanctuary? This is known as "einah tzerichah l'gufah" (not needed for itself). According to most authorities, such an act constitutes only a rabbinic prohibition. An example would be  "Extinguishing". In the Sanctuary, wood would be partially burned and then extinguished, in order to make charcoal. What if we are extinguishing a candle, in order to enable a sick person to sleep? Although "extinguishing" is a Biblical prohibition, the action of blowing out the candle would, according to most, be a rabbinic prohibition (since one is not intending to make charcoal), and hence be permissible in the case of a person ill, but not dangerously so. The next "out" is "Grama" (causation). For example, watering plants is a Biblical prohibition. I am standing in my driveway, washing my hands over the asphalt. The water will soon run onto my lawn. I am CAUSING the lawn to be watered, although not doing so directly. This is permissible in case of necessity. Ashkenazi rabbis will require a situation of great necessity. Most Sepharadi rabbis will allow this action even in a case of some necessity, as long as it is not frivolous (as in "the grass looks dry; I think I'll water it through a Grama). In the case where I am having a picnic on my lawn, and walking into the house would be inconvenient, a Sepharadi would wash his hands over pavement, ignoring the eventual runoff onto the lawn. An Ashkenazi would ask "where's the emergency?" Another situation is called "Psik Reisheih" (Aramaic for "cutting off his head") Killing an animal normally used for food is a Biblical prohibition on Shabbat. (Other animals would be rabbinic). In the days before computer games, our ancestors would often entertain their children with animal parts, especially chicken heads. If one cuts off the head of a chicken, it will die. If one cuts off the head, has one violated the prohibition of killing on Shabbat? The answer is that this depends on one's motive. If he wanted the dead chicken, so as to feed it to his dogs, although the killing of the chicken was not his prime motive, it is nevertheless a Biblical prohibition. Using a knife is not prohibited, but my cutting of the chicken's neck, and its subsequent death, are the immediate and inevitable outcome of my action. On the other hand, if I did not want the chicken to die, and I merely wanted the child to stop crying, my action is prohibited by rabbinic law, and according to some, is actually permissible. Hence, any essentially permitted action, which will inevitably result in a prohibited act, is a pesik reisheih. If I want the resultant prohibited act, it is called "neiha leih" (he is pleased), and the initial act actually is a full Biblical prohibition. If I didn't want the resultant situation (lo neiha leih), the action is only rabbinically prohibited, and perhaps permissible. In a case where the prohibited act may or may not take place, it is permitted in the first instance. For example, it is prohibited to cut one's grass on Shabbat. But walking through the lawn, although some grass may be uprooted, is totally permissible. (Please ignore a statement to the contrary in the "Abridged Shulchan Aruch"). Finally, if a prohibited act is performed in an unusual manner (e.g., with one's elbow instead of one's hand), a Biblical prohibition becomes rabbinic, while a rabbinic prohibition becomes permissible, at least in cases of necessity. In fact, there is a highly respected agency in Israel called "Machon Tzomet". They produce appliances and other objects for use on Shabbat, primarily for security and law enforcement, that operate on one of the above principles. (a technically permissible pen, a telephone, a coffee maker, and much more). On the other hand, if I were to produce a permissible cell phone, a television, a car, what would be left of Shabbat? Imagine a family sitting around the Shabbat table; one is listening to Hip Hop, two are following the news, three are texting their friends. This would, in most cases, be a situation called in the Talmud "Despicable within the bounds of Torah". Like in the case of the JCC I mentioned in my last post, I could be right, and yet be so terribly wrong! But emergencies do happen, and need to be distinguished from everyday situations. I'll end with an actual story. A religious soldier in the Israeli air force had the responsibility of going through a checklist with the pilot, ensuring that the plane was in proper working order. He was supposed to write down each item that had been checked. He didn't want to write on Shabbat, so he relied on his memory. He missed one point. The plane crashed, killing the pilot. Next time, I'll return to the shower.

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