Thursday, December 9, 2010

A Matter of Life or Death (III) – Who?


If a person has a heart attack at the synagogue, who should call 911?  Normally, in addition to all of the men, there will also be children, women, and possibly even a non-Jewish worker.  Is it better to get one of these people to call?  On the surface, it would seem obvious that it is best if the non-Jew calls.  For him, it isn’t shabbos and it is possible to save the person’s life with out the violation of shabbos.  Failing that, it should be best if a child, who is not Biblically required to observe shabbos, should call.

In fact, this is the ruling of the Rema (O”Ch 328:12); however, even he agrees that if it would lead to a delay in saving the person’s life, it is better that a Jew violate shabbos.  Even so, many authorities argue.  The Taz (§ 5) says that the custom to get a non-Jew is not well established, and therefore it is better to get a Jew.  There are two reasons for this.  The first is that we are always concerned that the non-Jew will not do it with the same alacrity as a Jew.  The second is that we are worried that the next time such a situation arises, people will not want to violate shabbos and there will be a delay until a non-Jew is found.  For this reason, it is best if a scholar be the one to violate shabbos, so that everyone learns from him.  The Mishna B’rurah rules in accordance with the Taz, but in any case in which it is not clear that a Jew may violate the shabbos—even though in practice he may—the Mishna B’rurah rules that it is preferable to use a non-Jew if one is readily available.

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