נגישות

מכון שלזינגר לחקר הרפואה על פי ההלכה

Carrying from one domain to another

, "Carrying from one domain to another" Halachot for Patient on The Sabbath, Festivals and Yom Kippur, עמ' 20.

Carrying from one domain to another

CARRYING FROM ONE DOMAIN TO ANOTHER

136. Suitable arrangements must be made to provide kosher food for a hospitalized patient. If kosher facilities are not available at the hospital, food should be brought in from the outside. If this was not done prior to the Sabbath and the seriously ill patient has not enough kosher food to eat, it is permissible to bring in kosher food. This is so even if it has to be carried through a public domain, since he is seriously ill and having to eat non-kosher food will upset him, possibly causing a worsening of his condition. If possible the food should be carried in an unusual fashion or brought in by a non-Jew (accompanied by a Jew[206]). If however the seriously ill patient's mental state is such that he is unaware that he is being given non-kosher food, or he is too young to understand this, food may not be brought in through a public domain[207].

137. A patient who on his doctors orders may not leave the house without carrying medication for an emergency (for example nitroglycerine tablets for a sufferer from angina pectoris, or candies (sweets) for an insulin-dependent diabetic), may take them with him into a carmelith. This is so even if there is no eruv, provided that the reason for going out is in order to perform a mitzvah (such as to attend services in the synagogue or a Torah class). Only the amount of medication needed should be carried and in an unusual fashion (for instance, under his hat or between his clothes) and one should try not to stop in the street. If the diabetic patient feels the need to eat a candy to avoid hypoglycemia, he should if possible, enter the nearest hallway or enclosed area, eat the candy there and only go out after it has been eaten. The patient who has an attack of chest pain must stop immediately, take his medication and only go on after the chest pain has completely abated (for medical reasons), and the medication has been consumed[208]. It is forbidden for such patients to go out into or come in from, or to walk in a public domain with the medication or candy in their mouths[209].

138. A diabetic patient receiving continuous subcutaneous insulin via a pump may not go out wearing the pump in the usual way (in a belt around his abdomen), where there is no eruv[210]. However he may do so if the pump is carried in an unusual fashion, for instance taped to his thigh, provided he is going out for the purpose of performing a mitzvah (see paragraph 137 above) and that it is a carmelith[211].

139. A patient may go out into a public domain with his urinary catheter and attached bag, provided that the latter has been emptied beforehand. Similarly a patient may go out with a colostomy or ileostomy bag which he has previously emptied[212].

140. A patient may go out into a public domain wearing an artificial limb[213] or eye[214].

141. It is permissible to go out into a public domain with a bandage, plaster cast[215] or sling worn to keep a painful limb at rest[216].

142. A patient who is receiving continuous oxygen, may not go out into a public domain (where there is no eruv) with the oxygen cylinder, whether strapped to his shoulder or pushed in a small carriage. If however it is a carmelith, he may go out with it provided a non-Jew either carries the cylinder or pushes the carriage[217].

143. A disabled person who can only get around in a wheelchair, may be taken out by a non-Jew into a carmelith in order to pray in the synagogue or to perform any other mitzvah, even if there is no eruv. If however he can propel himself by turning the wheels of his chair, a non-Jew may be asked to take him out even in a public domain, provided that the patient also simultaneously propels the chair forward. If however he is unable himself to propel the chair forward, this is not permissible[218]. A Jew may not take the patient out even into a carmelith in spite of the fact that the patient can actively help; the patient himself may do so if he can propel himself without help. In any event, the chair should be emptied of anything that he does not need for sitting; nor must there be anything in his pockets[219]. If there is an eruv he may be taken out as usual.

144. On a Festival the disabled person may be taken out in his wheelchair even into a public domain with no eruv[220].

145. An electric wheelchair specially designed for use on the Sabbath which is activated by a "gramma switch" or by a Sabbath clock so that all the disabled person needs to do is to release the brakes, may be used in order to perform a mitzvah (such as praying in the Synagogue or attending a Torah class) provided there is an eruv. However, in order to avoid others assuming that he is using a regular electric wheelchair, a sign should be prominently displayed, stating that the motor is specially designed for use on the Sabbath[221]. If it is essential that he go out on Friday night,the travelling lights may be put on using a "gramma switch" or preferably using a Sabbath clock[222]. It is also permissible to turn them off together with the motor provided this is all done using either a "gramma switch" or a Sabbath clock. If after the motor has been switched off the lights still remain on, they may not be turned off. However, if leaving them on all night will mean that he will be unable to use the car the following day for the purpose of performing a mitzvah (because of a flat battery), and there will be no one available to push him there, a non-Jew may be asked to turn off the lights. If a non-Jew is also not available, the lights may be turned off in an unusual fashion (such as with the back of the hand or the back of a finger)[223].

146. A person who is unable to walk at all without a cane may go out with one even into a public domain and even if it is not attached to him. However, unless there is an eruv, it is forbidden to do so if he only uses the cane for support or because it is easier to walk with it. Similar rules apply to a patient recovering from an illness[224].

147. A blind person may not go out with a cane unless there is an eruv[225], nor may he go out with his guide dog[226].

148. A deaf person may use a hearing aid provided it was turned on before the Sabbath[227]. He may also adjust the volume on the Sabbath, if doing so does not cause a wire to reach red heat when the current is increased or cease to glow when the current is reduced[228]. One may converse with someone who is wearing a hearing aid[229] even if as a result, a flashing light is seen, provided that it is either a neon lamp or a light emitting diode (L.E.D.). This is also true if the deaf person has had a cochlear implant[230]. Expert advice should be sought regarding the technical details.

A deaf person may not go out with a hearing aid[231] even if attached to the frame of his spectacles[232], unless there is an eruv.

149. Medication necessary for a non-seriously ill patient may be carried out from one domain to another on a Festival even if there is no eruv, provided it is carried in an unusual fashion[233].

 


[206] Yoreh Deah 118:1; oral communication from R. Y.Y. Neuwirth.

[207] Shemirat Shabbat Kehilchata 40:17.

[208] ibid. See Nishmat Avraham Pt.1, Orach Chayyim 301:2 (page 125).

[209] Shemirat Shabbat Kehilchata 18:5.

[210] Oral communication from R. Sh.Z. Auerbach.

[211] Oral communication from R. Y.Y. Neuwirth. See Nishmat Avraham Pt. 4, Orach Chayyim 316:1 (page 31).

[212] Oral communication from R. Sh.Z. Auerbach. See Nishmat Avraham Pt. 1, Orach Chayyim 301:4 (page 127).

[213] Shemirat Shabbat Kehilchata 18:15.

[214] Resp. Maharsham 2:5.

[215] Shemirat Shabbat Kehilchata 18:19.

[216] Shemirat Shabbat Kehilchata 18:20.

[217] Oral communication from R. Sh.Z. Auerbach. See Nishmat Avraham Pt. 5, Orach Chayyim 301:1.

[218] Because this is considered a case where "one person can do it himself, but the other cannot."

[219] Shemirat Shabbat Kehilchata 34:27 and note 101.

[220] Shemirat Shabbat Kehilchata 34:27.

[221] Oral communication from R. Y.Y. Neuwirth quoting R. Sh.Z. Auerbach.

[222] Oral communication from R. Y.Y. Neuwirth.

[223] Because we are speaking about labour which is not required on its own account (melachah she-einah tserichah le-gufah). Further, there is no burning ember here. Therefore, in cases of great need one can be lenient if the labour is done in an irregular way; oral communication from R. Y.Y. Neuwirth.

[224] Shemirat Shabbat Kehilchata 18:13.

[225] Shemirat Shabbat Kehilchata 18:13 and 18:18.

[226] R. Sh.Z. Auerbach; Lev Avraham Pt. 2. page 18; see ibid., ch. 7, note 24.

[227] Resp. Yabbia Omer Pt. 1, end of siman 19.

[228] Shemirat Shabbat Kehilchata 34:28 and note 107.

[229] See Minchat Shelomo Pt. 1, 9:2; because changing the electric potential by speaking is negligible since nothing is extinguished or ignited as the hearing aid is already switched on.

[230] Oral communication from R. Y.Y. Neuwirth.

[231] Shemirat Shabbat Kehilchata 34:28.

[232] R. Sh.Z. Auerbach in Nishmat Avraham Pt. 4, Orach Chayyim 301:2 (page 24). See Shemirat Shabbat Kehilchata 34:28, who adduces lenient opinions.

[233] Shemirat Shabbat Kehilchata 33:25 and note 90. See Nishmat Avraham Pt. 5, Orach Chayyim 518:1.

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