22 Kasım 2012 Perşembe

Doctor's Appointment on Shabbat

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A student told me that he wasn't feeling well to the point where he feels he might have fever. The only time he could make a doctor's appointment for was Shabbat, and the next opportunity would be only on Monday. Is it permissible to go to the doctor on Shabbat (assuming the doctor is a  non-Jew, as the majority of doctors are non-Jews)?

It is a common misconception that it is permissible for a non-Jew to preform any type of action on behalf of a Jew on Shabbat. But the Talmudic scholar Rav Ashi (Babylonian Talmud, Shabbat 150A) assumes that it is forbidden to ask a non-Jew to do a melacha (an action which is prohibited on Shabbat) from which a Jew will benefit. Some commentators (such as Rashi and Meiri) explain that this assumption is based upon the Mishna (Shabbat 16:6) which simply states that one may not ask a non-Jew to put out a candle on Shabbat.

O.K. on Shabbat?

The Rambam (Hilchot Shabbat 6:1) interprets this prohibition to be a rabbinic decree. According to him, the reason this prohibition was established is that the sages were concerned that a person might be influenced to himself perform forbidden actions. The way I understand this reasoning is that if there were no prohibition, one would be able to spend the whole Shabbat along with his servant constantly doing melacha on his behalf. The atmosphere which is created through this process may cause one to to himself perform melacha.

 Rav Ulah the son of Ilai and Rav Hamnunah (Babylonian Talmud, Shabbat 129 A) teach that it is permissible to ask a non-Jew to preform any type of melacha on Shabbat on behalf of one who is sick. The Ran (Shabbat, chapter 14) adds that only one who is so ill that he must stay in bed is defined as sick. But the Magid Mishneh (Maimonides, Shabbat 2:10) writes that the actual definition of sickness is when ones whole body is affected by the sickness, even if he is not forced to stay in bed.

Rav Moshe Iserlish, the Ramah (Shulchan Aruch OC 328:17), rules in accordance with the Magid Mishneh and therefore it is permissible to go to a doctor's appointment on Shabbat when one is not feeling well to the point where he thinks he might have fever (even without actually checking it, as I believe this case qualifies as a sickness that affects the whole body).

It turned out that this student had a sinus infection and was given antibiotics immediately. I believe that this really proves how important it was to get medical care ASAP and that assuming a more stringent approach would not have been correct.

May we all stay in good health, please God, but keep in mind the halachic options we can take advantage of if needed.

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