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of pikuach nefesh. Therefore, there is place to rule stringently and rely real danger but only the fear of it. Others, however, are prohibited to
on one’s trust in Hashem. desecrate Shabbos for him. The Tzofnas Pane’ach proves this from the
words of the Rambam (Mishnah Commentary, Shabbos 2:5) regarding
the Gemara that states that “If one extinguishes a lamp because he is
afraid of robbers….”
The Iggros Moshe (Orach Chaim, Vol. 1 #127) also writes: Some
Surgery to Clarify whether a Fatal Bacterium is people are fearful, and they consider this dangerous, and they are
#
Contagious permitted to desecrate Shabbos since no one can guarantee that they
are not in danger. This depends on the person’s individual mind.
1 Question Fearful situations are liable to cause mental illness, and we find that
A kindergarten teacher in Israel got sick and died within a short time mental illness is considered dangerous to life. As explained in Tractate
period on Shabbos. The physicians did not know which infection Ta’anis (22b) and in the Shulchan Aruch (Orach Chaim #288:9): If a
had killed her and they suspected that it was a fatal and contagious person is being pursued by an evil spirit, one cries out and prays for
bacterium. Since this kindergarten teacher was in contact with many him on Shabbos. The Mishnah Berurah explains (s.k.:27) that we do
children until her last day, there was a possibility that she had infect- this “lest he drown in the river or fall and die.” Likewise, it is permis-
ed one or more of the children. In order to clarify the situation, it sible to extinguish a lamp because of an evil spirit (as explained in
was necessary to perform a postmortem surgery. The questions raised Tractate Shabbos 29b).
were: a) Is it permissible to perform an autopsy on the dead for this The Magen Avraham (#554:8 and in Pri Megadim, ibid) says that
reason? b) Is it permitted to desecrate Shabbos to travel to her house a recovering shotah is fed on Yom Kippur, since fasting is liable to ag-
to obtain the family’s permission to perform the autopsy? gravate his illness and endanger him, and one must be concerned that
the shoteh may kill himself or others.
1 AnsweR In Responsa Ramban (Attributed, #281 and cited in Beis Yosef, Yoreh
De’ah #228) the following scenario is described: A person swore that
It says in the Aruch Hashulchan (Orach Chaim #316:22): We kill a ra- he would not laugh with tears of laughter. Subsequently, he became a
bid dog, even on Shabbos. If there is a doubt whether or not it is really shotah, recovered somewhat, but still regressed from time to time, and
a rabid dog, is this like any other possibility of pikuach nefesh, which laughter to the point of tears provided him with peace of mind. Is it
suspends Shabbos, or not? Since even if we are sure that it is a rabid permissible to release him from his vow? The Ramban responded that
dog, it is still also only a possibility that it will bite someone, it follows perhaps this scenario presents a possibility of pikuach nefesh. A shotah
that if we are unsure if it is rabid altogether, perhaps it is forbidden to is viewed as a person in danger and we permit prohibitions in order
desecrate Shabbos in order to kill it? Although we desecrate Shabbos to heal him. There are also poskim who rule that a shotah who was
for even a mere possibility of pikuach nefesh (as written in #329 of healed is obligated to recite the Hagomel blessing every time he comes
Orach Chaim) this applies if the pikuach nefesh is obvious. If there is back to his senses, (see Responsa Tzitz Eliezer, Vol. 12 #18) and that is
doubt whether there is any pikuach nefesh altogether, perhaps it is not because being a shotah is viewed as a dangerous illness.
permitted to desecrate Shabbos. One must think about this. However, In view of all this, if the physicians decide – based on the incidents
one can and should tell a non-Jew to kill the dog. that resulted in deaths – that nowadays there is a real possibility of
244 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shabbos Desecration to Prevent Anxiety 2 273
