Q) My wife was induced this morning [Friday] and then sent back home. She was told to come back to the hospital 24 hours later, even if labour hasn’t yet started. It’s now Friday afternoon. Since we know that we will have to return to the hospital at the latest on Shabbos morning (under all circumstances) are we halachically obligated to go to the hospital before Shabbos – to prevent driving to the hospital on Shabbos? (I should add that there is no non-Jewish taxi driver in the area who we can use, and I will have to drive my wife in to hospital on Shabbos.)
A) To summarise your question: is there an obligation to do all that is possible before Shabbos to prevent or avoid chillul Shabbos – in a situation where the chillul Shabbos will be performed for piku’ach nefesh?
The Mishna Berura in Sha’ar Hatziyon[1] rules that if a soldier is given certain tasks to perform during the week and these tasks (which involve melochos) must be finished by Shabbos afternoon, the soldier is obligated to perform the necessary tasks before Shabbos to avoid having to be mechalel Shabbos [despite the fact that we are obviously discussing a situation where the soldiers’ life is in danger were he not to perform the tasks].
We see clearly from this Sha’ar Hatziyun that if a person needs to perform certain melachos for pikuach nefesh reasons, and it is possible for him to perform these melachos either before Shabbos or on Shabbos – he is obligated to perform all melachos before Shabbos, and may not leave them until Shabbos despite having a dispensation of pikuach nefesh on Shabbos.
Therefore, we can infer that in your situation, if you will definitely need to drive your wife to the hospital on Shabbos you are obligated to go before Shabbos, in order to avoid chillul Shabbos on Shabbos – even though the chillul Shabbos will be performed for pikuach nefesh reasons.
However, there are a few exceptions to this:
- The above applies to a situation where a melocho will have to be performed by a Jew. If one is planning to utilize a non-Jewish driver on Shabbos to go to the hospital, and no melochos min hatorah[2] will be contravened through the travel, you are not obligated to go before Shabbos.
- If it is not definite that melachos will have to be performed at all, and there is only a possibility that a situation will develop in which one will have to be mechalel Shabbos for pikuach nefesh reasons – there is no obligation to do all necessary on Erev Shabbos to avoid possible chillul Shabbos[3].
(It is for this reason that we do not obligate every lady in her ninth month to travel before Shabbos to be in close proximity to the hospital.)
- Lastly, one is only obligated, even on Shabbos itself, to minimise chillul Shabbos for a pikuach nefesh situation as much as possible – within reason[4]. If minimising or reducing chillul Shabbos for a pikuach nefesh situation will result in major financial loss, effort or hardship one is not obligated to do so.
The mekor for this din is a Rambam[5] that writes regarding tumo b’tzibur that since the din is dechuyo one must try to find a tohor Kohen to perform the avoda. Therefore, if all the kohanim on the mishmor are temeim, one needs to search for a tohor Kohen in Yerusholayim. Several Poskim induce from this that further than that – i.e. outside of Yerusholayim one is not obligated to search for a tohor kohen to perform the avoda.
We see therefore an important rule – that despite tuma betzibur being dechuyo, one is not obligated to go to great lengths or unusual effort to avoid tuma betzibur. Similarly, by chillul Shabbos for a pikuach nefesh situation, if minimizing chillul Shabbos will require extraordinary effort, cost or hardship one is not obligated to avoid or minimize chillul Shabbos but may perform whatever is necessary even if it will entail additional melochos.
This is applicable to chillul Shabbos on Shabbos itself and all the more so to Erev Shabbos; i.e. one is only obligated before Shabbos to do all possible to avoid chillul Shabbos on Shabbos if it will not entail unusual effort, cost or hardship.
In conclusion: One is obligated before Shabbos to do all possible to avoid chillul Shabbos on Shabbos, as long as the potential chillul Shabbos that one is coming to avoid is definite and involves melocho d’orayso. However, if avoiding the chillul Shabbos for a pikuach nefesh situation will involve extraordinary effort, cost or hardship one is not obligated to avoid the chillul Shabbos.
Therefore, coming back to our case of a lady who has been induced on Erev Shabbos, the default position is that she is obligated to drive to the hospital before Shabbos (since the potential chillul Shabbos is both definite and involves melochos d’orayso). However, if she expects to wait around for a long period of time (e.g. an entire night on a chair in a hospital lobby) this will be considered an unusual effort (especially for a highly pregnant lady) and she will not be obligated to travel to the hospital before Shabbos.
[1] שעה”צ סימן שד”מ ס”ק ט’
[2] ולכ’ גם לא תחומין י”ב מיל
[3] ע’ מ”ב סי’ ש”ל ס”ק א’ “מן הראוי לאשה שהגיע לחודש ט’ להכין מע”ש כל הדברים הנצרכים לה – שמא יזדמן לידתה בשבת”. ומשמע מלשון “מן הראוי” שאין זה חיוב גמור, הואיל ויש רק חשש שתלד בשבת.
[4] אורחות שבת ח”ב פ”כ בהקדמה לדין ל’ב (עמוד רל”ג) ובהערה מ”ב; משמעות דברי המ”ב ס’ תס”ו סק”ב; תורת היולדת (להגר”י זילברשטיין) פרק מ”ב הערה א’, ובעמוד ע”ח וצ”ב
[5] רמב”ם הל’ ביאת מקדש פ”ד הי”ד