Thursday, January 13, 2011

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.

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