Ask the Rabbi: Escorting Husband Returning from Hospital on Shabbat | Rabbi Daniel Mann | Beit Midrash

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Question: [I received this question Shabbat morning in my house (near a hospital).] My wife, who had an internal infection, got sicker on Shabbat night, and Hatzala took her to the hospital (from Beit Shemesh to Yerushalayim). They encouraged me to escort her even though we have several little children (only the oldest was up when we left), and my neighbors sent their teenage daughter to watch them overnight and said not to worry about them. We feel that it was right that we both travelled to the hospital, but my wife thinks the kids need me more than she does now. May I return home on Shabbat?

Answer: The gemara (Erurvin 45a) says that one who goes to save someone can move 2,000 amot from his place at danger’s end (those who leave their techum Shabbat are normally limited to four amot) and carry his weapons (even without an eiruv). The Rambam (Shabbat 27:17) and Shulchan Aruch (Orach Chayim 407:3) codify this. The rationale it gives for taking the weapons is based on an incident where they hid their weapons, and tragedy occurred. Elsewhere, the Rambam (ibid. 2:23; see Shulchan Aruch, OC 329:9) says that those who go to repel an enemy can return afterward, implying even past his 2,000 amot. The reason he gives is, shelo l’hachshilan … – if we do not allow them to return home, next time they might go to save; this is not found in the above gemara.

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Rabbi Daniel Mann

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There are two general approaches to dealing with the Rambam (see Asya 97, pp. 65-94.): 1. The former Rambam provides the halachic details that the latter omits. 2. Whereas there are set leniencies for 2,000 amot and weapons, broader leniencies in line with shelo l’hachshilan, found in Beitza 11b and Rosh Hashana 23b, apply as appropriate.

There is a machloket among poskim regarding emergency/medical personnel who have finished an episode, on whether they may violate Torah-level prohibitions (e.g., driving) or only Rabbinic ones (e.g., being driven by a non-Jew). In the lenient camp are the Chatam Sofer (V:194), Rav M. Feinstein (Igrot Moshe, OC IV:80), Eretz Hemdah’s mentor, Rav Shaul Yisraeli (Amud Hayemini 17, regarding policemen). Rav Asher Weiss (Minchat Asher II:40) is lenient if needed to secure sufficient volunteers. Eretz Hemdah’s policy is similar (see Bemareh Habazak III:35; VII:34). Minchat Shlomo (I:8) critiques and rejects Rav Feinstein’s leniency. Orchot Shabbat (20:60) and Shemirat Shabbat K’hilchata (40:67) permit only Rabbinic prohibitions and forbid going out of the techum Shabbat. (Beit Shemesh and Yerushalayim are out of each other’s techumin. The possibility of techum Shabbat on a Torah level and its impact are beyond our scope).

A major complication is that many posit that expanded leniency, out of concern one may not go to save, does not apply when the person in danger is a close relative (see Bemareh Habazak VII:34; Piskei Teshuvot 329:10). The lenient approaches embrace practical assessments for each case, so would close relatives refrain from saving due to inconvenience?! In Bemareh Habazak, we made a logical and paradoxical distinction. If the danger is clear and acute, we should be stringent because the assisting relative will not be deterred. However, when the danger is borderline (safek pikuach nefesh), the inconvenience may deter the escort or even the sick person from going to the hospital, which is unacceptable. In this case, which includes understandable concern for your children’s traumatic experience, there is real concern you might not have gone. Therefore, there are grounds to be lenient, especially by having a non-Jew take you (which might mitigate even regarding techumin (see Asya ibid.)).

However, after asking many questions, I told the husband to stay in the hospital based on the following considerations. The children, who do not have issues of anxiety, will have awoken before you can return; your neighbors are people of chesed and experience with children. Your wife’s situation, although apparently under control, deserves greater concern and involvement.

Update: B’ezrat Hashem, Shabbat went fine for wife and children.

Bemare Habazak - Rabbis Questions