The Yoledes on Shabbos - Part 3

 Courtesy of Ohr Olam Mishnah Berurah

Question: What are some of the halachos pertaining to a yoledes at the hospital on Shabbos?

Discussion: At the time of admission, try to avoid signing in. If the hospital will not admit the patient without a signature, sign with your left hand if you are right-handed person or with your right hand if you are a lefty.

Instructing the hospital staff to place a call on Shabbos that will notify the family back home about the birth of a baby—either by a predetermined number of rings or by leaving a message on the answering machine—is not permitted. When absolutely necessary, consult a rav in advance as to the correct procedure.

A hospital does not require eiruvei chatzeiros. Carrying in its corridors or from room to room is permitted.178

A woman who gave birth on Friday night and was unable to say or hear Kiddush, should say the Friday night Kiddush on Shabbos day, omitting Va’yechulu.179

A woman who gives birth, even to a stillborn child, is considered a “dangerously ill” person for 72 hours after giving birth. If either the patient herself, the doctor, or nurse requests anything on her behalf, the request should be fulfilled, even if it involves a min ha-Torah Shabbos prohibition. Whenever possible, it should be done in a shinui.180

Question: Is it permitted to schedule the birth of a baby?

Discussion: Unless a doctor explicitly orders it for the safety of either mother or child, it is prohibited for a woman to schedule the birth of her baby181. There are various halachic, kabbalistic and philosophic reasons offered by early and contemporary poskim for this prohibition:

  • The earlier time may be “in a bad mazal.”182
  • Inducing an early birth may cause the child to die before his allotted time.183
  • It is possible to miscalculate the time of conception and erroneously assume that the pregnancy is full term when it is, in fact, in its eighth month.184 Inducing birth would thus cause the baby to be born prematurely185.
  • Giving birth on schedule is not considered a “life threatening” situation, since that is the natural way of giving birth. But when a woman gives birth before her time, she may be placing herself in a dangerous situation.186
  • As the Mishnah states,187 one enters this world “against his will.” To bring a baby into this world before his Divinely appointed time of arrival is to contradict the Rabbinic dictum.188

Sometimes a woman requires the services of a specialist for compelling medical reasons. If the specialist will be available only at pre-arranged times, the delivery may be scheduled. A rav should be consulted.

Unless it is an emergency, a planned delivery (when permitted) —or any other elective surgery—should not be scheduled for the latter part of the week, if doing so will necessitate chillul Shabbos during the postnatal or post-operative period.189

Question: What are some of the halachos pertaining to the husband of a yoledes?

Discussion: The opinions of contemporary poskim are divided over whether it is permitted or advisable for a husband to be in the same room with his wife during delivery. When a woman, however, insists that her husband be with her, it is permitted, so as not to unsettle her during the birth.190 All poskim agree that it is strictly prohibited for him to observe the actual birthing process, either natural or caesarean.191

A husband who is sitting shivah may accompany his wife to the hospital if she asks or needs his assistance.192

Upon the birth of a son, the blessing of ha-Tov v’ha-Meitiv isrecited.193 Although ha-Tov v’ha-Meitiv is not recited when a girl is born, some parents recite Shehecheyanu the very first time they see their newborn daughter.194 When twins (a boy and a girl) are born, only ha-Tov v’ha-Meitiv is said.195 The husband can be motzi (exempt) his wife for these blessings196.

Ordinarily, one who mistakenly or negligently misses a tefillah, makes up that missed tefillah during the next tefillah (tefillas tashlumin). However, a woman (and her husband) who was preoccupied with her labor and childbirth throughout the entire time period allotted for any given tefillah, is not required to make up the tefillah which she missed.197

178. Igros Moshe, O.C. 5:20-28; Rav S.Z. Auerbach and Rav Y.S. Elyashiv (quoted in Lev Avraham 13:122) based on Beiur Halachah 370:3, s.v. einam, and Mahrasham 6:17. See also lenient ruling by Rav Y. Roth (Koveitz Beis Talmud, vol. 3, pg. 56). See, however, Minchas Shelomo 2:35-24.

179. O.C. 271:8.

180. O.C. 330:4.

181. Chazon Ish is quoted by Rav Y. Y. Kanievsky (Kryana D’igarta 184) as ruling that once two weeks into the tenth month have passed, labor may be induced. This has become the customary practice, since almost all doctors will not permit a pregnancy to continue for more than two weeks after the due date.

182. Rokei’ach (Koheles 3:11).

183. Arizal quoted in Sefer ha-Kaneh. See also Ra’avad’s preface to Sefer Yetzirah.

184. Rav Y. Kamenetsky (Emes l’Yaakov, O.C. 331:5); Rav M. Hershler (Halachah v’Refuah, vol. 2, pg. 64).

185. See Gevuros Eliyahu, where Rav Y.E. Henkin rules that an induced birth is considered like a caesarian birth, which means that the bris milah cannot take place on the following Shabbos.

186. Igros Moshe, Y.D. 2:74; O.C. 4:105-6. See also Emes l’Yaakov, O.C. 331:5. See, however, Halichos Shelomo 3:16, Orchos Halachah 1, who disagrees with this argument.

187. Avos 4:24.

188. Rav Y.S. Elyashiv (quoted in Toras ha-Yoledes, pg. 11 and Eis la-Ledes 1:14).

189. Rav Y. Kamenetsky, (Emes l’Yaakov, O.C. 331:5); Shemiras Shabbos K’hilchasah 32:33; Orchos Shabbos 20:69; Yalkut Yosef 248:10. If, however, the doctor’s surgery day is only on one of those days, it is permitted (Rav S.Z. Auerbach, quoted in Shemiras Shabbos K’hilchasah 32, note 99).

190. See Nishmas Avraham, Y.D. 195:3 and Teshuvos Bnei Banim 1:33 for an elaboration.

191. Igros Moshe, Y.D. 2:75.

192. Igros Moshe, Y.D. 4:45.

193. O.C. 223:1. In some communities this blessing is not recited; see Aruch ha-Shulchan 223:2; Kaf ha-Chayim 223:6.

194. Mishnah Berurah 223:2; 225:5; Igros Moshe, O.C. 5:43-5. This custom is not universally practiced; see Minchas Shelomo 2:4-32 and Halichos Shelomo 1:23-10; Ashrei ha-Ish, vol. 1, pg. 264.

195. See Toras ha-Yoledes, pg. 176.

196. Ashrei ha-Ish, vol. 1, pg. 265.

197. See Mishnah Berurah 71:4; 93:8. If, however, she (or her husband) was occupied with her labor for only part of the zeman tefillah, but forgot or did not daven when she had the chance, she should then make up that missed tefillah.