Mortar and Pestle at the Apothecary (I)

Until now we have been discussing what exceptions sick people have from the standard laws of shabbos.  The last subtopic is about a Rabbinic prohibition in the area of medical treatments.

At the time of the gemara, many medical treatments required ground herbs.  In addition, many of the medicines were made to order.  Making these medicines on shabbos violates the Biblical prohibition of tochain, grinding.  In an attempt to prevent a widespread violation of shabbos in the medical field, the Rabbis made a blanket decree banning all forms of therapeutic practices on shabbos.  This includes taking medicines (which is most similar to the preparations of the time of the gemara) and many therapeutic activities.

Under the Weather (III)

As we said last week, the gemara that says that a sick person may suckle from an animal if he needs fresh milk.  The Ramban learns from this gemara, that a Jew may violate a prohibition using a shinui, an unusual way of doing it.  Although milking an animal is Biblically prohibited, suckling directly from the animal is clearly an unusual way of milking.  Based on this, the Shulchan Aruch rules that one may violate a Rabbinic prohibition using a shinui.

Although the gemara seems to allow even a Biblical prohibition when using a shinui, the Ramban clearly states that Rabbinic prohibitions were not waived, rather only prohibitions using a shinui.  The Shulchan Aruch learns that this means that only Rabbinic prohibitions are waived and only when using a shinui.  However, it is also possible to learn the Ramban that he that in order to protect the atmosphere of the day, it is only permissible to violate a prohibition if it is done in an unusual way, in order that it is clear that it is done for the sake of the sick person.  Therefore, even a Rabbinic prohibition may only be violated with a shinui.  The difference is that according to this understanding, even a Biblical prohibition may be violated with a shinui.  The general rule of the Ramban is that there are two requirements: it must be a Rabbinic prohibition and it must be done with a shinui.  However, even if is only Rabbinic because it is done with a shinui, it is still permitted.

Under the Weather (II)

A choleh sh’ayn bo sakanah has another major leniency besides for the permissibility of asking a non-Jew to do a prohibition.  The source for this is a gemara that says that a sick person may suckle from an animal if he needs fresh milk.  This is allowed even though milking a cow involves a Biblical prohibition.  Why is this allowed?  The Rishonim explain that since this is an unusual form of milking, a shinui, which is only prohibited Rabbinically, the Rabbis suspended their prohibition for a sick person.

The different Rishonim draw different conclusions from this gemara.  The Rashba and possibly also the Rambam learn from this gemara that all Rabbinic prohibitions are waived for a sick person.  While this ruling is quoted in Shulchan Aruch, it is not the accepted ruling.  Next week I hope to discuss the view of the Ramban, the view that is accepted in practice.

Under the Weather

The next category that I want to discuss is choleh sh’ayn bo sakanah, a sick person with a non-life-threatening illness.  There are two types of people that are considered choleh sh’ayn bo sakanah.  The first is a person who has an illness that affects the entire body.  An example of this would be someone with a moderate/severe flu or the chickenpox.  The second is someone who has a localized ailment, but it is so strong that he cannot function and must lie in bed.  This would include someone with a very painful headache (even if it is not a migraine) or an asthma attack that makes someone weak due to lack of oxygen (even if it non-life-threatening).

The first leniency for such a person is in the area of amira l’akum, telling a non-Jew.  For such a sick person, all authorities agree that one may ask a non-Jew to violate any prohibition, even a Biblical one, to provide care for the sick person.  Next week, I will discuss another major leniency.