Where can I find analysis of whether or not a doctor can violate the edicts concerning work on the Sabbath or on High Holy Days. Am I correct in believing that a physician is permitted to labor on these days if he or she is saving lives?
The Torah teaches us “And you shall live according to my Laws…”. The Talmud in Tractate Sanhedrin (74) informs us that this means “You shall live according to my Laws and not die according to my laws”, i.e. any time keeping the laws of the Torah will create even a possible risk to human life, it is a Mitzva not to keep the laws of the Torah. There are actually three exceptions to this rule. These are, in certain circumstances, if the laws involved in this conflict are idol worship, illicit sexual relations, and murder.
However, as you correctly point out, and as is discussed there, the Sabbath may be violated to save someone’s life, and it is even considered a Mitzvah to do so. This applies not only to doctors, but to anyone who is in a position to save the person’s life.
We must realize the following, however. The “labors” that are prohibited on the Sabbath are limited to 39 specific “labors of creation” (Melachot). Examples of this would be planting, kindling a fire, and lighting. The concept of the Sabbath is that we emulate G-d by refraining from these acts of creation, just as He rested from creation on the Sabbath day. This is to remind us that ultimately all technological progress and advances that we make (yes, including cloning sheep!) are done taking materials and resources that G-d has already created (the human mind and materials of nature) and further perfecting them. Although it is a Mitzvah to create and invent during the six days of the week, we have one day to reflect on the fact that G-d is the Ultimate Creator, and we are merely taking that which he has given us and advancing it for the benefit of mankind. It is too easy for arrogance to overtake us and to think that we are competing with G-d – this is the height of stupidity, if a person would just take some time to reflect on it.
Therefore, the act of showing up in a hospital and diagnosing patients in itself is not a violation of the Sabbath, even in non-emergency situations, since there are no creative acts involved in this. The problem arises when the doctor must drive to the hospital, turn on machines (kindling lights) or write (recording data) for the benefit of the patient. While these works would be permitted in an immediate life threatening situation, if the act has no direct bearing on the saving the life of the patient, this would remain prohibited. However, a Jewish doctor would be permitted to direct a non-Jewish assistant or nurse to do these acts for him, even in a non life threatening situation.
Take care,
Rabbi Aaron Tendler
