#357: Rabbinic vs. Biblical Prohibition for Choleh She’ein Bo Sakanah
1. Yesterday we explained that one may violate a rabbinic prohibition on Shabbat on behalf of a choleh she’ein bo sakanah when necessary, if it is performed in an unusual manner (shinui). Some poskim write that if it is not possible to employ a shinui, one may perform the rabbinic prohibition even without a shinui (Chayei Adam; Mishnah Berurah 328:102). This should only be done, though, if no non-Jew is available to help (Shemirat Shabbat K'hilchatah 33:2).
2. Many poskim hold that a biblical melachah may never be performed on Shabbat for a choleh she’ein bo sakanah, even when performed with a shinui (see Shaar Hatziun 496:9). However, some hold that even a biblical melachah may be performed with a shinui (Eglei Tal, Tochen 18). Practically, a number of contemporary poskim permit violating a biblical melachah with a shinui for a choleh she’ein bo sakanah if a non-Jew is not available (Shemirat Shabbat K'hilchatah 33:2 and n.18; Yalkut Yosef 328, n.12; R. Hershel Schachter on YuTorah).
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Dedicated by Fran Broder as a zechus for the hostages to be released safely to their families and may everlasting peace come to Eretz Yisrael in the merit of learning Hilchos Shabbos.
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