From the Rabbi’s Desk: A Shift Sh’eila: Shofar or Shabbos?

Question:

Dear Rabbi Sprung,

This question is relevant both personally and to many physicians. I am a resident in a hospital in Chutz la’Aretz and cannot opt out of working on Shabbos and Yom Tov. For Rosh Hashana, I must choose one shift, either on the first or second day of Yom Tov. I would like to know which one is preferable, particularly in a year when the first day of Rosh Hashana coincides with Shabbos and the second day has the Mitzvah of Shofar.

Does the Psak depend upon whether I will be able to hear [the minimum] 30 Tekios during the shift or not?

Brief Answer:

This is a very important question, and, as you pointed out, relevant to many doctors.

HaGaon R’ Asher Weiss Shlit”a ruled that the doctor may work in the hospital on Shabbos to allow him to daven and hear Shofar with a Tzibur on the second day. However, if he can hear Tekias Shofar in the hospital, he should go to work on the second day, even if he will hear only 30 Tekios. In other years^[1], if he will need to forgo the Tekios he should work on the second day so that he will not miss the Tekios d’Oraisa of the first day.

Full Answer:

On the one hand, Shabbos is more stringent because it is an Issur S’kila, whereas Yom Tov is only an Issur Lav (See the Rambam at the beginning of Hilchos Yom Tov). In light of the principle of “haKal Kal Techila – the lightest Issur [should be violated] first”, the doctor should work on Yom Tov since its desecration is less stringent, even though it is still an Issur d’Oraisa. This is evident from the Gemara in Yoma (83a):

Mishna: A person who was seized with Bulmos^[2] – we feed him even Tamei (non-Kosher) foods until his eyes light up.

The Gemara states:

Our Rabbis taught: a person who was seized with Bulmos – we feed him the lightest [Issur]. [If there is] Tevel (untithed produce) and Neveila, we feed him Neveila. [If there is] Tevel and Shevi’is, [we feed him] Shevi’is. Tevel and Teruma is a Machlokes Tanaim, as it was taught: We feed him Tevel and do not feed him Teruma. Ben Teima says: [We feed him] Teruma and not Tevel. Rabba said: If it is possible [to feed him] Chulin everyone agrees that we tithe [the Tevel] and feed him. They only argue when it is not possible [to feed him] Chulin.^[3] [Ben Teima] holds that Tevel is more stringent and [the Tanna Kama] holds that Teruma is more stringent. [Ben Teima] holds that Tevel is stringent because Teruma is fit for a Kohen [whereas, the Tanna Kama] holds that Teruma is stringent because Tevel can be rectified.

In other words, there is precedence even between two Issurim d’Oraisa – Neveila (a Lav) is preferred to Tevel which carries Misah b’Ydei Shamayim, as is Shevi’is (which is only an Issur Asei).

The same is true of Pachos mik’Shiur on Yom Kippur. The Ramban rules (Toras haAdam) that every Choleh should be fed less than a Shiur if possible. Although Chatzi Shiur is Asur mid’Oraisa, it is preferable to a Chiyuv Kares. This is also codified by the Shulchan Aruch (618).

Accordingly, the doctor in our question should work on Yom Tov rather than  Shabbos since the Issur is only a Lav and Aseh.

Furthermore, it would seem preferable to remain at home on Shabbos since, when the second day of Yom Tov begins, he will then have no choice but to go to work. By contrast, on Erev Shabbos he is faced with a choice of whether or not to work on Shabbos, he is not yet compelled to do so.^[4] A person must avoid Chilul Shabbos for Pikuach Nefesh wherever possible because Pikuach Nefesh is Dechuya (pushed aside) rather than Hutra (completely waived). In other words, the Issurim of Shabbos remain in effectbut are overridden by Pikuach Nefesh. This Halacha has many Halachic applications, one of which is Rav Moshe Feinstein’srulingthat a doctor may not make himself available for Pikuach Nefesh calls if there are other available doctors in his area. If a person is not compelled to act for Pikuach Nefesh, he should refrain from making himself available if his unavailability will not endanger anyone.

In this light, one could argue that since he does not need to desecrate Shabbos, he should wait until the second day when he will have no choice. On the other hand, since he is aware that there is a choice between the two days and he will certainly need to go on the second day if he does not go on Shabbos, perhaps this principle is irrelevant.

Thismay depend upon a Machlokes between the Chacham Tzvi and the Radvaz (brought in the Ba’er Heitev 90:11 and Mishna Berura ibid. 28) regarding an incarcerated person who is granted a furlough to daven with a Minyanon one day of his choosing. The Chacham Tzvi contends that he should wait until Yom Kippur or Purim, whereas the Radvaz rules that he should choose that very day. Though their argument mainly focuses on the principle of “Ein Ma’avirin Al haMitzvos” which is not relevant in our case, it is logical to assume that the root of their disputeis whether a person should only focus on the first Mitzvah at hand (and he will be considered Anus when the next Mitzvahpresents itself) or whether he must also consider the future Mitzvah and choose the greater one.^[5]

The same reasoning applies to our case. If the doctor only takes the immediate Mitzvah before him, then he should choose to remain home on Shabbos. But if he must also consider the future Mitzvah, then he must calculate whether it is preferable to work on Shabbos or the second day of Rosh Hashana. As it happens, it is preferable to remain at home on Shabbos in this case since its Issurim are more stringent and we invoke the rule of haKal Kal Techila, as mentioned above.^[6]

Therefore, it would seem that the doctor in our question should remain home on Shabbos. However, haGaon Rav Asher Weiss Shlit”a rules that he may go to work on Shabbos so that he will be able to stay home on the second day because of the Mitzvah of Shofar which is the Avodas haYom (the essence of the day) and only occurs once a year, even though it is only a Mitzva d’Rabbanan on the second day.

This can be explained by the precept that both Shabbos and Yom Tov are overridden by Pikuach Nefesh and the stringency of Issur is technically irrelevant. It is only due to the principle of haKal Kal Techila that we override the lighter Issur so that the more stringent one is not violated. However, this only applies when both Issurim are equal [in terms of the consequences of their violation]. If the choice of the less stringent Issur will prevent him from fulfilling the Mitzvah of Shofar (which is the Avodas haYom), we do not apply this rule.

This is only true if he will not be able to hear Tekias Shofar in the hospital, but he should choose to work on the second day even if he will only hear 30 Tekios. Since he will not lose the Mitzvah, it is better to work on a day with less stringent Issurim. In years when the first day of Rosh Hashana is not Shabbos, if working in the hospital will preclude him from hearing the Tekios,it is obvious that he should work on the second day so that he will not miss the Tekios d’Oraisa of the first day.

[1]I.e., when the first day of Rosh Hashana is a weekday

[2] A life-threatening illness that causes unbearable hunger pangs and impaired vision that is treated by feeding the patient.

[3] In the scenario that the patient needs to eat all of the available food, and the question is whether to feed him Tevel or a combination of Chulin (tithed produce) and Teruma.

[4] [Editor’s note: This is predicated on the fact that he will have to work one of the two days, so before Shabbos begins, there is still the “choice” of working on Shabbos or Yom Tov. Once Shabbos has passed and he did not work, there is no longer a “choice” as he is obligated to work on Yom Tov since he did not work on Shabbos.]

[5] See the Sdei Chemed, Ma’areches Yom haKippurim 1:10 who discusses the case of a person whose fasting on Tzom Gedalya will make him unable to fast on Yom Kippur. Should he fast on Tzom Gedalya and be exempt from fasting on Yom Kippur due to Pikuach Nefesh or forgo Tzom Gedalya for the sake of fasting on Yom Kippur which is d’Oraisa and an Issur Kares? He cites the two opposing views – as well as the Ohel Moshe, Siman 16 who compares it to the Machlokes between the Chacham Tzvi and Radvaz. According to the Radvaz, he should fast on Tzom Gedalya but according to the Chacham Tzvi, he should wait to fast on Yom Kippur. See his discussion there as well as Eshel Avraham Buchach, Siman 602.

[6] This approach is relevant in a case where a doctor must choose between two regular Shabbosos. In that scenario, haKal Kal Techila would not demand that he choose to work on the second because the two are equivalent. However, if he must choose based only on what is immediately before him, then he may not work on the first Shabbos.