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23 באוקטובר 2018

הרב המשיב: פרופ' אברהם שטינברג

שאלה:

I have a number of questions relating to residents from our home which I hope you would be kind enough to answer as soon as possible.

1. The husband of a demented woman has been approached by a teaching hospital, asking him if he would give permission for them to study—for medical purposes—the brain of his demented wife after she is dead. What would be the din? Please give me as many rulings as feasible, along with references.

2. Would one who is elderly and wheelchair-bound be permitted to use an electric chair on Shabbat? We have a skeleton staff on the weekend and hence problems arise finding nursing staff to push a non-motorized wheelchair from place to place. I understand a grama switch is available from Israel. If this would be the solution, where can we procure it?

3. Would one who is elderly and wheelchair-bound be permitted to use an elevator on Shabbat?

4. Would you provide me with any references that would indicate that a nursing home (ours comprises a hostel—i.e., able and assisted elderly persons requiring, on the whole, medication and therapy—and a nursing and dementia section) has the din of a hospital, hence the permissibility to cook on Shabbat?

תשובה:

Regarding the husband of a demented woman who was approached by a teaching hospital and asked permission to study his wife’s brain after her death: In principle, autopsy for research purposes only is forbidden. In the case of dementia there is no dispensation; autopsy would be purely for research and it is surely forbidden.

However, if the reason for the person’s death is unknown and an autopsy could substantially help others with the same or similar condition, then the situation is different and more details would be needed for a definite answer.

Please see the section on autopsy (‘nituah ha-met,’ pp. 527-99) in volume 5 of the Encyclopedia Hilchatit Refuit.

Questions 2 and 3 could involve tsa‘ar to the person involved if attending synagogue would be via an issur.

Regarding the use of electric wheelchairs and procuring grama switches, Rabbi Dr. Mordechai Halperin writes: The late Rabbi Shlomo Zalman Auerbach permitted the use of electric wheelchairs that use the grama switch on Shabbat. The grama switch is available from the Institute for Science and Halakha. Their address is: Ha-Pisga 1, Bayit ve-Gan, Jerusalem 96465. Their fax number is: 972-2-642-0949.

Regarding the use of elevators on Shabbat for the elderly and wheelchair-bound, Dr. Halperin writes: If there is a special operating system set up whereby the elevator operates automatically on Shabbat in accordance with the criteria of the Institute for Science and Halakha, then it is permitted for an elderly and/or wheelchair-bound resident to use the elevator on Shabbat.

If such a system is not installed, then it is forbidden.

Regarding a sick person using an elevator operated by a gentile, there is no problem in going up. However, sometimes going down requires the production of electricity by a special generator that involves the elevator’s operating system and, therefore, in such cases a shayla must be asked.

There is a book, Sefer Ma‘aliyot (in Hebrew; abstract available in English), on this subject, published by the Institute for Science and Halakha (see above for address and fax number).

Regarding references indicating that a nursing home has the din of a hospital and, therefore, cooking is permitted on Shabbat, Professor Abraham S. Abraham writes: We do not need a reference to prove that a home such as you described is like any hospital. The patients certainly have the din of a holeh she-ein bo sakkana and some may even have the din of a holeh she-yesh bo sakkana. In any case, even in a hospital there is no heter to cook on Shabbat and arrangements must be made to have hot food prepared before Shabbat and available on Shabbat.

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