2. Question:What is the definition of a choleh? Introduction: Chazal instituted an issur d’rabonon (Rabbinic prohibition) of refu’oh (healing) on Shabbos. The reason for this issur was because people are generally anxious about their health and wellbeing. Were one allowed to become involved in taking medication in a situation of medical necessity on Shabbos this may lead to violating an issur d’orayso (biblical prohibition) in order to obtain medication (c.f. Gemoro Avodah Zoro 28a and Rashi ibid; Shulchan Aruch Orach Chayim Siman 328 Se’if 1). The issur of refu’oh includes taking medication to heal, relieve pain or to generally strengthen the constitution (Magen Avraham Siman 328 s.k. 43; Mishna Berura s.k. 120). The issur of refu’oh only applies to one who has a michush (minor ailment) or is mitzta’er (in moderate pain – Shulchan Aruch ibid Se’if 1; Mishna Berura ibid s.k. 1). However, one who is termed a choleh (ill person) may take oral medication on Shabbos normally – i.e. without a shinui (Mishna Berura ibid s.k. 121). Additionally, it is permitted to ask a non-Jew to perform a melocho for a choleh (Shulchan Aruch ibid Se’if 17), and it is also permitted for a Jew to perform a melocho d’rabonon with a shinui for a choleh she’ein bo sakono (Shulchan Aruch ibid). The classification of choleh is also significant in other areas: Regarding ta’aneisim (other than Yom Kippur) a choleh is exempt from fasting (Mishna Berura Siman 550 s.k. 4). Discussion: The Shulchan Aruch (Orach Chayim Siman 328 Se’if 17) defines a choleh as one who is bedridden because of his illness. The Remo (ibid) adds that even if the person has an ailment that causes him pain to the extent that he is generally unwell, even if he is walking around [and not bedridden] he is still considered as if he is bedridden [and classified as a choleh]. Rav Nissim Karelitz (Chut Hashoni Shabbos Volume 4, Perek 89, Se’if 26) writes that if a person is experiencing localised pain, but because of this localised pain he is [incapacitated and] unable to function as normal, he too is considered a choleh she’ein bo sakono. Rav Nissim also writes that even if a person is able to exert himself to function as he usually does, e.g. he makes an effort to go to Shul, if without the extra exertion he would be confined to bed he is still considered a choleh. Young children – another category that is considered choleh she’ein bo sakono are the needs of young children, which the Remo tells us (Siman 328 Se’if 17) are classified like the needs of a choleh she’ein bo sakono. Based on this, the Remo rules that it is permitted to ask a non-Jew to cook food for a young child who has no food to eat. And even though there is an issur d’rabonon to ask a non-Jew to perform a melocho, this issur d’rabonon is waived for the needs of a choleh, as we see in the Shulchan Aruch in the beginning of the Se’if. Conclusion: The exact classification of choleh she’ein bo sakono is very significant for Shabbos and for ta’aneisim: On Shabbos it is permitted to ask a non-Jew to perform a melocho for a choleh, and it is also permitted for a Jew to perform a melocho d’rabonon with a shinui for a choleh she’ein bo sakono. On regular ta’aneisim (with the exception of Yom Kippur) a choleh she’ein bo sakono is exempt from fasting. Regarding the classification of a choleh she’ein bo sakono we have seen that a person who is bedridden or feeling generally unwell is considered a choleh (even if they are walking around). Even if a person is experiencing localised pain, but the pain is severe enough that it causes him to feel generally unwell (e.g. a migraine) is classified a choleh. Even if a person is not bedridden, but he is incapacitated and/or unable to function normally, he is also classified a choleh. |
Shabbos
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