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Q & A - WITH RABBI RISKINQuestion: In a recently published response the Rav discussed the prohibition of disturbing the activities of the ambulances in Efrat on Shabbat. What is the law concerning private vehicles that are traveling in Efrat on Shabbat? Is it permissible to demonstrate one's disapproval, and if so, how? Answer: The Torah commands us explicitly, "You shall surely rebuke your neighbor and you shall not bear a sin for him." In other words, there is a commandment of biblical origin to rebuke someone who transgresses, and the Gemara even adds that a person who is able to prevent his neighbor from sinning and does not do so is held personally responsible for the sin that is committed, based on the second part of the above pasuk: "And you shall not bear a sin for him." On the other hand, the Gemara in Yevamot stresses that just as there is a mitzvah to rebuke when there is a chance that one's words will be heeded, so there is a mitzvah to refrain from rebuke when one's words will not cause someone else to refrain from wrongdoing, or might even cause a greater sin, for in such instances the person who rebukes bears the sins that will nevertheless be committed. The Vilna Gaon rules in his "Bi'ur Halakha" on the Shulhan Arukh, Orah Haim 508 that one should not rebuke someone who does not accept the yoke of Torah and mitzvot. The basis for this ruling is to be found in the Malbim's interpretation of the pasuk "You shall surely rebuke your neighbor" - this refers to a Jew who is bound by the mitzvot just as you are and may therefore properly be called "your neighbor". What this means in practice, as concerning vehicles traveling on Shabbat, is that if it is clear that the person involved does not observe the mitzvot and will clearly not accept rebuke then it is better to ignore his action than to act in different ways that might bring about an even greater sin. For the benefit of those readers who did not see Rabbi Riskin's previous remarks concerning ambulances, the following is a reprint:
A serious and ugly phenomenon has been brought to my attention: it seems that some Efrat children are disturbing and attempting to halt the nurses' transport to the hospitals on Shabbat. I hereby declare and emphasize that these lifts are completely permissible. Firstly, they are permitted on the basis of "pikuah nefesh" (saving lives), for which the laws of Shabbat may be disregarded if necessary. It is impossible to run a hospital and provide proper medical care for patients without nurses. Secondly, the driver for these lifts is a non-Jew, and therefore it is even permissible for the nurses to travel home from the hospital in order to fulfill the mitzvah of "oneg shabbat" (eating shabbat meals with their families), as discussed in Massekhet Gittin 8, commentaries of the Ran and the Ba'al Ha-Itur as quoted in the Shulhan Arukh. If you have a question for Q & A, send it to ots@ohrtorahstone.org.il . We cannot guarantee that all questions received will be answered in this column.
Previous 'Q&As':
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