Shas' leader says
religious physicians cannot violate Sabbath in order to save gentiles'
lives, but offers halachic solution to avoid legal repercussions

Ynet





Published: 05.17.12, 13:36 / Israel Jewish Scene
What should religious
doctors do if a gentile is injured in a car accident on Shabbat and is
rushed to the hospital? According to Rabbi Ovadia Yosef,
this does not warrant violating the sanctity of the Sabbath.



During a class on Sabbath halacha relating to religious
physicians, the spiritual leader of Shas said that while doctors are
expected to do everything in their power – even if it requires violating
the Sabbath – in order to save Jews whose lives are in danger, the same
does not apply for gentiles.


"If a gentile were to
get injured in a car accident during Sabbath, and he is brought to the
hospital – Israel must not treat him," he said, explaining that "if the
particular procedures come from rabbis (de-rabbanan), then they might be
permitted, but if they stem from prohibitions in the Torah
(de-'oraita), then they are not allowed, as the Torah forbids to violate
the Sabbath for gentiles."



Rabbi Yosef expounded on the problem, saying that the Mishnah
Berurah explicitly says that "all religious physicians who treat
gentiles on the Sabbath or violating the Sabbath; however, in reality
the patients are brought to the hospital and must be treated. The
doctors' license says they must treat all patients without distinction
of faith or race, and if they don’t, the State could revoke their
license and also punish them. So what should the poor doctors do?"






The
rabbi offered a halachic solution that follows a rule by which if a
single person is doing the act, he is violating the Sabbath, while if
two people are doing it together, they are exempt.




"The doctor who needs to operate will call on another doctor, or
nurse, to hold the scalpel together and make the incision," said Rabbi
Yosef, saying that "it is necessary in order for religious physicians to
refrain from being put on trial for distinguishing between a Jew and a
gentile on Sabbath."