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Halacha

Pikuach Nefesh preempts virtually every law in the Torah

Nevertheless the halachos regarding what constitutes a medical emergency and what may or may not be done are both voluminous and complex. Hatzalah of the Rockaways and Nassau County operates at all times within the strictest parameters of Halacha.

In this section we are pleased to provide you with answers to the most commonly asked medical-halachic questions. This information was prepared by Rabbi Dovid Weinberger, Posek for Hatzalah of the Rockaways & Nassau County and Morah D'asrah of Shaari Tefilah.

For guidance regarding specific issues please consult your own Rav. If possible please anticipate any questions you need to ask. Often when the emergency occurs it is too late to ask.

Halacha

In Case of Illness

    The halachos regarding someone who is sick but is not in a life-threatening condition:
  1. If you are sick to the degree that you would normally go to bed (i.e. influenza, bad cold ..) even if in reality you are walking around.
  2. If your entire body feels ill and weak due to pain (i.e. migraine headache, severe earache, severe toothache)
  3. If you have fever to the degree that would normally cause you to stay home.
  4. From the 8th day to 30th day after childbirth, or miscarriage of at least 40 days of gestation.
  5. If you are prone to develop an illness (i.e. severe migraine, acute asthma etc.) in a short period of time if you do not obtain treatment (i.e. medication)
  6. The specific needs of a child until age 9 as required for his or her health. For specific guidelines, speak to your Rav or see "Pharmacy Services on Shabbos/Yom Tov" below.

Pharmacy Services on Shabbos/Yom Tov

    In the above situations, medications may be taken and obtained in the following manner:

    Hatzalah has arranged for a charge account with CVS in Cedarhurst. Give your name and address and have them to charge it to Hatzalah.
  • If you or another Jew can walk over to CVS to obtain medication, that is most preferable. Should you need a prescription, they will call your doctor.
  • If walking over is not feasible, you can have a non-Jew call the pharmacy or driver to obtain your medication.
  • If there is no non-Jew readily available, you may knock the phone off its cradle in an indirect fashion (i.e. your elbow) and dial 516 374 2626 or another pharmacy. You should dial with a Shinui using your knuckle or pinkie (one from each hand) and press the numbers.
  • When you complete the call, hang up with a Shinui (i.e. for a regular phone, put phone back on cradle with both hands; for a portable phone, shut off with your knuckle of pinkie, if there is a realistic possibility that the druggist or physician would need to contact you.)

Taxi Services on Shabbos/Yom Tov

    Please consult your Rabbi before you have an emergency, for detailed instructions and guidelines in handling a Shabbos emergency. Hatzalah has a pre-arranged agreement with a local non-Jewish taxi service (Five Town Taxi 516-239-5151) to accept the taxi card in lieu of payment when used on Shabbos or Yom Tov. The card is only to be used in case of emergency (that doesn’t require Hatzalah) as per instructions from your rabbi, to travel to the hospital, or for a Choleh She’ain Bo Sakanah to return home from the hospital when Halachically permissible (see list).
    No money is needed when using the card. You should exercise caution that the non-Jewish driver opens and closes the vehicle doors and carries anything you may have brought, in areas where there is no Eruv.
    To order a Shabbos Taxi Card CLICK HERE.

    The following is a list of scenarios in which a person may use the attached card to return to their home from the hospital upon release.
    In these situations, ask a non-Jew to call the taxi service. If there is no non-Jew readily available, you may knock the phone off its cradle and dial in an indirect fashion. Do not hang up the phone afterwards.
  1. The patient is pregnant and is brought to the hospital for a delivery and it was a false alarm.
  2. The patient had a test or procedure performed and is still in a weak state.
  3. The patient is an elderly person, a child, or infant who can’t walk.
  4. It is the middle of the night and it is unsafe to walk home.
  5. A patient who can’t walk back home (i.e. a cast on leg).
    6. NOTE: Generally, if there are no provisions for lodging or food for a Shabbos stay (i.e hospitality suite), the patient or a person accompanying the patient (i.e. parent, child, spouse, friend, etc.) may return home in the non-Jewish car service. This is definitely so when the accompanying person is needed by the patient.

    If the patient or accompanying person is a parent who must tend to small children left unattended or frightened at home, or a nursing mother who must return home for her infant, they may return even if lodging and provisions are available at the hospital.

Guidelines for a Shabbos Birth

  1. When a woman reaches her ninth month of pregnancy, she should prepare accordingly to minimize the Chillul Shabbos (desecrating the Sabbath). A suitcase with all necessary items needed for Shabbos (food, nightgown, Siddur, etc.) should be readied in advance.
  2. It is most preferable to utilize the services of a non-Jew to transport a pregnant woman to the hospital. Should you pay a non-Jewish taxi service or car service, do so in a manner whereby no cash needs to be transferred. If this is not feasible and you cannot pay them after Shabbos or Yom Tov, you should prepare an envelope with money which the driver can take from inside the house. If this is not possible, you may carry the envelope with a Shinui (e.g. under the hat or in a shoe)
  3. Hatzalah has arranged for a taxi service Towne Taxi 516-239-5151 that bills Hatzalah for use in a situation of a normal delivery. If possible, call 516-398-8450 before Shabbos to receive a Taxi Card or to order one online CLICK HERE.
  4. In order to place a call to the Non-Jewish cab service, knock the receiver off it cradle with a Shinui (i.e. your elbow) Dial the number by pressing the keypad with your knuckles or pinky. Place the receiver back on the cradle with a shinui, i.e. using two hands, in the event that a doctor or car service may need to call back.
  5. Care should be taken that the doors of the car are opened and closed by a non-Jew.
  6. The husband or another family member(s) should accompany the woman giving birth if she feels it will ease her tension and comfort her with their presence.
  7. On Shabbos in areas with the Eruv (St. Johns Hospital) or on Yom Tov, anyone may take a suitcase with whatever may be needed for the expectant mother. Outside the Eruv, a gentile should be used to carry the suitcase with all necessary items to and from the car. When not provided by the hospital, the husband's Tallis, Siddur, wine and Challah should also be placed in the suitcase and taken by the gentile.
  8. If the woman comes to the hospital and has false labor and there are no provisions for her in the hospital (i.e. she is not being admitted and no food) she should be driven home by a non-Jew. Her husband and/or companion, who came with her, should go back as well if she feels that she needs their presence and support.
  9. In the event of an anticipated complicated birth, unusual history, a distant hospital, or if the situation becomes precarious (i.e. the contractions come exceedingly fast), Hatzalah should be called at once.
  10. Should there be a need to drop off children by a relative or friend (i.e. if no arrangements were made prior to Shabbos, see #1) the non Jewish driver may drop them off on the way to the hospital)

    11. Please Note: Many hospitals have hospital suites with lodging and food arrangements made by the local Bikur Cholim. In the event that you are not needed at home and you will be comfortable in the hospital suite, you should not go home with a non-Jew but rather stay until Shabbos is over.

    It is never permitted to return from out of the Techum Shabbos. Long Beach, South Nassau, St. Johns, and Peninsula are within the Techum Shabbos. Please verify the Techum regarding our Hospitals before returning home.

Proper procedure in case of death on Shabbos

  1. In a case of a life-threatening emergency or a safek one is obligated to call Hatzalah. However, once it has been determined that a person has already passed away, there is absolutely no heter to make such a call. Regardless of what concerns or issues one might have regarding kovod ha'meis, any call by a Jew is a desecration of Shabbos.
  2. Please note that according to American law, no autopsy may be initiated prior to twenty four hours after the time of passing. Hence, it is absolutely forbidden to make calls to the medical examiner, the hospital, Hatzalah or anyone in order to avert any potential nivul ha'meis.
  3. In the event of a death in a house, a member of the family, a neighbor or friend should consult the Rabbi and/or Chevra Kaddisha regarding proper Shabbos procedure in dealing a niftar, or how to move the niftar etc.
  4. Absolutely no funeral preparations may be made on Shabbos even through the services of a non-Jew. Additionally, no family members should be contacted to inform them of the petirah.

PLEASE NOTE IF THERE IS ANY POSSIBILITY OF A LIFE-THREATENING SITUATION, CALL THE HATZALAH EMERGENCY PHONE NUMBER

THE PHARMACY AND TAXI SERVICE ARE TO BE USED FOR CLEARLY DEFINED NON-LIFE THREATENING SITUATIONS.