Our next learning topic will be from Talmud Yoma, pages 84-85, about protecting people who experience danger or possible danger on Shabbat. Although in Jewish law there are thirty-nine categories of creative work (melachot) that are prohibited on Shabbat, we will see that saving life, protecting health, and reducing suffering are held above the laws of Shabbat.
Our first source is an introduction to the concepts at play in this series of texts. Here, we see that mitzvot are for living by and not dying by. We also see the idea that we all, at one time or another, may have the experience of needing to override or set aside one or more aspects of our Shabbat observance in order to protect life. As the Talmud says, Shabbat was given to us. We were not given to Shabbat.
רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה אוֹמֵר: ״אֶת שַׁבְּתוֹתַי תִּשְׁמוֹרוּ״, יָכוֹל לַכֹּל — תַּלְמוּד לוֹמַר: ״אַךְ״ חָלַק. רַבִּי יוֹנָתָן בֶּן יוֹסֵף אוֹמֵר: ״כִּי קוֹדֶשׁ הִיא לָכֶם״, הִיא מְסוּרָה בְּיֶדְכֶם וְלֹא אַתֶּם מְסוּרִים בְּיָדָהּ.
Other tanna’im debated this same issue. Rabbi Yosei, son of Rabbi Yehuda, says that it is stated: “But keep my Shabbatot” (Exodus 31:13). One might have thought that this applies to everyone in all circumstances; therefore, the verse states “but,” a term that restricts and qualifies. It implies that there are circumstances where one must keep Shabbat and circumstances where one must desecrate it, i.e., to save a life. Rabbi Yonatan ben Yosef says that it is stated: “For it is sacred to you” (Exodus 31:14). This implies that Shabbat is given into your hands, and you are not given to it to die on account of Shabbat.
Our next source talks about taking medicine on Shabbat. In the days of the Talmud, medicine was made by grinding the ingredients immediately prior to using. Since tochein (grinding) is one of the thirty-nine categories of melachot (creative work) prohibited by Jewish law (halacha) on Shabbat, our assumption might have been that medicine would have only been used for acutely life-threatening situations. (Clearly, the concept of taking daily maintenance medications came long after the Talmud.)
Because the nature of preparing and taking medication is so different these days, there are many more opinions around taking medicine on Shabbat even when there is no danger present. Still, this source teaches two important points. First, that melacha which could be life-saving should be done when there is the possibility of danger, rather than waiting for a life-threatening situation. Secondly, that the action must be taken immediately, even if it meant that more than one Shabbat would be impacted. The Talmud is clear: the need to protect health, reduce suffering, and save life come before the laws of Shabbat.
What does the Talmud say about heating up water for an ill person on Shabbat?
Here we have another source about doing creative work (melacha) normally prohibited by Jewish law on Shabbat. In this Talmud text, igniting a fire would have been needed to heat the water. Again, we see that caring for the immediate needs of a person with uncertainty regarding a life-threatening situation overrides Shabbat.
רַבִּי יוֹסֵי בְּרַבִּי יְהוּדָה אוֹמֵר: ״אֶת שַׁבְּתוֹתַי תִּשְׁמוֹרוּ״, יָכוֹל לַכֹּל — תַּלְמוּד לוֹמַר: ״אַךְ״ חָלַק. רַבִּי יוֹנָתָן בֶּן יוֹסֵף אוֹמֵר: ״כִּי קוֹדֶשׁ הִיא לָכֶם״, הִיא מְסוּרָה בְּיֶדְכֶם וְלֹא אַתֶּם מְסוּרִים בְּיָדָהּ.