The Yoledes on Shabbos - Part 2

 Courtesy of Ohr Olam Mishnah Berurah

Question: What are the options of transporting a yoledes to the hospital on Shabbos?

Discussion: From a halachic standpoint, the two choices are: a) a non-Jewish driver, e.g. a neighbor, ambulance or taxi service may bring her; b) a Jewish driver, e.g., her husband, a neighbor or Hatzalah may drive her. If a woman can be driven to the hospital by a non-Jew without compromising her safety or peace of mind, the Halachah requires her to arrange—before Shabbos—for a non-Jew to drive her on Shabbos regardless of the expense entailed.

The following protocol applies to a yoledes being driven to the hospital by a non-Jew:

• As soon as the doctor instructs her to go the hospital, she (or any other person) should call the designated driver. The rules mentioned earlier regarding making a phone call to the doctor apply here as well.
• When time allows, the door to the vehicle should be opened and closed by the non-Jewish driver.
• If no baby-sitter for the other children is present, it is permitted to ask the non-Jewish driver to drive the children to another person’s home or to pick up a baby-sitter from another location.165
• Any item which the yoledes will need on Shabbos may be taken along to the hospital. If there is no eiruv or if the item is muktzeh, the non-Jew should be asked to carry the woman’s bag to the vehicle, time permitting. When they reach the hospital, the driver should carry the items inside.
• If it is the wish of the yoledes and it would help to relax her, her husband, her labor coach (doula) or another person may accompany her to the hospital, even if their assistance is not medically warranted.166 The person going along may take along basic food necessities that will be needed on Shabbos.167 The non-Jew should be asked to carry the food into the vehicle and from the vehicle into the hospital.
• If, during the drive, labor stopped and the woman feels that she does not need to go to the hospital, it is permitted to tell the non-Jew to take her and her companion back home if they cannot return safely and comfortably on foot—which is generally the case.

In the absence of any other alternative or if arrangements were not made in advance, it is permitted for a Jew (the husband or any other person168) to drive the woman to the hospital. A couple who is aware before Shabbos that the driver may be a Jew, should prepare before Shabbos for that eventuality. Therefore:

• The shortest possible route to the hospital must be planned. Exact change for any possible tolls should be prepared and placed in the car. If EZ-Pass is available, it is preferable to paying cash.
• The car which is designated to be driven should not be blocked by other cars or other obstructions.
• The dome light bulb in the car should be loosened or removed before Shabbos; the air conditioner, radio and audio system should be on the “off” position.
• Driver’s license, registration, and other papers that are required for driving or that will be needed for identification at the hospital should be placed in the car before Shabbos.
• Where there is no eiruv, clothing, food, and other items that will be needed at the hospital169 should be placed in the car before Shabbos. [Unless an eiruv exists, a siddur or a sefer Tehillim should not be taken to the hospital on Shabbos, for the merit of keeping Shabbos is greater than saying Tehillim. This should be explained to the woman.170]
• If the hospital is out of the techum Shabbos, any unnecessary items in the car (e.g., car seat) should preferably be removed from the car.171

One who failed to properly prepare himself or the car as outlined above must nevertheless proceed to the hospital in the safest,172 quickest way he can.173

One may drive to the hospital that the yoledes’ doctor directed her to go to, even if there is another hospital which is closer.

If, during the drive, labor stopped and the woman feels that she does not need to go to the hospital, it is not permitted for the driver to continue driving. They must find a non-Jew who will take her (and her companion) back home if they cannot return safely and comfortably on foot—which is generally the case.

Once the driver arrives at the hospital emergency room, the car may be placed in the “park” position, but the ignition and the lights may not be turned off.174 The car door may not be closed upon leaving the car, if closing the door will cause the light to be turned off. The driver may ask a non-Jew to take the car,175 park it, and return the keys to him after Shabbos or leave them at the front desk or nurse’s station.

Note: A woman in active labor176 is considered a niddah and her husband may no longer touch her. If she cannot walk unaided, a woman should assist her. If no woman is available, the ambulance attendant or taxi driver should assist her. If only her husband is available to assist her, he may do so.177

165. This is permitted both for the safety of the children who will fear staying alone (see Mishnah Berurah 328:38) and for the peace of mind of the mother.

166. Igros Chazon Ish 1:141; Igros Moshe, O.C. 1:132; Shevet ha-Levi 3:37. See Ashrei ha-Ish 37:3.

167. Minchas Yitzchak 8:30-1; Ashrei ha-Ish 37:5 It is questionable, though, if one may take along a siddur, etc.

168. Some poskim say that it is preferable to use an observant Jew rather than a non-observant Jew; see Toras ha-Yoledes, pg. 81.

169. Only items needed for Shabbos may be taken on Shabbos. Items that will be needed for after Shabbos may not be taken on Shabbos.

170. Rav Y.S. Elyashiv (quoted in Toras ha-Yoledes, pg. 94 and Ashrei ha-Ish 37:14). If the woman insists on taking a siddur or Tehillim or any other item, she is permitted to do so.

171. Toras ha-Yoledes, pg. 20, 25, 101. See Minchas Shelomo 1:15.

172. Rav S.Z. Auerbach (Nishmas Avraham, vol. 5, pg. 176) advises that to avoid possible accidents, normal driving procedures should be followed.

173. If time allows, any carrying that needs to be done should be done with a shinui, such as carrying the required papers under his clothing or hat, etc.

174. Whenever possible, one should explore before Shabbos the available choices for parking and figure out the best solution for his particular case.

175. Hinting, when possible, is preferred to asking directly; see O.C. 307:19.

176. There are various definitions in the poskim for “active labor”; see Badei ha-Shulchan, Y.D. 194:30.

177. See Aruch ha-Shulchan, Y.D. 195:25-27 and Igros Moshe, Y.D. 1:90.