Emergencies in Jewish Law

[If the priest can testify to the innocence of one who is sentenced to death, one removes him] even from on top of My altar, even while sacrificing Just as here there is uncertainty whether there is substance to his words or not and they are still taken from the Temple service to save a life, and since Temple service overrides Shabbat, so too, a fortiori, saving a life overrides Shabbat

Rabbi Yosei, son of Rabbi Yehuda, says it “אַ֥ךְ keep my Shabbatot” (Exodus 31:13). One might have thought this applies to all circumstances; therefore, the verse states “אַ֥ךְ,” qualifying. It implies that there are circumstances where one must keep Shabbat and circumstances where one must desecrate it, i.e., to save a life.

Rabbi Yonatan ben Yosef says that it is stated: “For it is sacred to you” (Exodus 31:14). This implies that Shabbat is given into your hands, and you are not given to it to die on account of Shabbat. Rabbi Shimon ben Menasya said: It is stated: “And the children of Israel shall keep Shabbat, to observe Shabbat” (Exodus 31:16).The Torah said: Desecrate one Shabbat on his behalf so he will observe many Shabbatot.

Rav Yehuda said that Shmuel said: If I had been there, I would have said my proof is preferable to theirs, as in the verse "and live by them” (Leviticus 18:5), and not that he should die by them.

(13) Speak to the Israelite people and say: Nevertheless, you must keep My sabbaths, for this is a sign between Me and you throughout the ages, that you may know that I the LORD have consecrated you.

(5) You shall keep My laws and My rules, by the pursuit of which man shall live: I am the LORD.

(1) Like all the other commandments, Shabbat is overridden by danger to life. Hence we execute all of the needs of an ill person in mortal danger according to the word of an expert physician in that place on Shabbat. When there is a doubt whether there is a need to profane the Shabbat for him or there is not a need, and likewise if [one] physician said to profane the Shabbat for him but another physician said he does not need [it], we profane the Shabbat. For [even] a doubt about [danger to] life overrides the Shabbat....

(2) When they evaluated him on Shabbat as requiring such and such for eight days, we do not say, “Let us wait until the evening, so as not to profane two Shabbats for him.” Rather we profane [it] from today, which is Shabbat, and we profane even a hundred Shabbats for him. So long as he needs [it] and he is in danger or the doubt of a danger, we profane [it]. And we light a lamp for him, we slaughter for him and we bake and cook and heat up hot water for him – whether to give him to drink or whether to bathe his body. The principle of the matter [is that] Shabbat for an ill person in [mortal] danger is like a weekday concerning all of the things that he needs.

(3) These things should not be performed by non-Jews, minors, servants or women, lest they consider the Sabbath a light matter; instead, scholars and sages of Israel are to carry them out. One must not put off the desecration of the Sabbath in treating a serious patient, as it is written: "If a man obeys them he shall live by them" (Leviticus 18:5), but he must not die by them. From this you may infer that the laws of the Torah are not meant to wreak vengeance upon the world, but to bestow on it mercy, kindliness, and peace. And it is written concerning those heretics that say that is desecrating the Shabbat (Ezek. 20:25), “I too have given them statutes that are not good and judgments that they will not live with.”

(13) 13) (Vayikra 18:5) "and he shall live in them": and not die in them. R. Yishmael was wont to say: Whence is it derived that if one is told in private to serve idolatry or be killed, he should transgress and not be killed? From "and he shall live in them," and not die in them. — But perhaps even in public he should accede. It is, therefore, written (Vayikra 22:32) "And you shall not desecrate My holy name, and I shall be sanctified in the midst of the children of Israel." If you sanctify My name, I, too, will sanctify My name through you. For just as Chananiah, Mishael, and Azaryah, when all the peoples of the world were prostrated before the idol, stood (straight) as palms

(1) It is mandatory upon the whole house of Israel to sanctify this Great Name, for it is said: "And I shall be sanctified among the children of Israel" (Lev. 22.32).

How are these commandments to be observed? If an idolater will force an Israelite to transgress one of the commandments of the Torah and threaten him with death for disobedience, it is mandatory that he transgress the commandment and be not put to death, for it is said concerning the commandments: "That which a man may do and live by it" (Ibid. 18.5)—"live by it, but not die for it". ¹Sanhedrin, 74a; Yoma 85a; Abodah Zarah, 26b. C. G.Thus, if he chose death and did not transgress, his blood be upon his own head.

The Gemara suggests: Come and hear another proof. The verse states with regard to a true prophet: “To him you shall listen” (Deuteronomy 18:15). From here it is derived that even if the prophet says to you: Transgress one of the mitzvot of the Torah, for example, as in the case of Elijah at Mount Carmel, who brought an offering to God on that mountain during a period when it was forbidden on pain of karet to sacrifice offerings outside the Temple, with regard to everything that he permits for the requirement of the hour, you must listen to him. This indicates that a Torah mitzva can indeed be uprooted in an active manner. The Gemara answers: There it is different, as it is written: “To him you shall listen,” which means that it is a positive mitzva to obey a prophet, and a positive mitzva overrides a prohibition. The Gemara asks: And let him derive from this case a principle that the Sages have the same power as a prophet. The Gemara answers: Safeguarding a matter is different. Since Elijah acted with the aim of preventing the Jewish people from worshipping idols, it was temporarily permitted for him to override a mitzva, in order to strengthen Torah observance with regard to a particular matter in which the people are lax.

The court has the power to suspend even these rules for a term even if it is lesser than the earlier court, for these [rabbinic] decrees must not be more rigorous [in their application] than Torah law. Any court has the authority to suspend the law in an emergency. How so? A court that determines that to strengthen the law/religion and to make a fence so that the masses do not violate Torah law, has the authority to flog [offenders] without warrant authorized by positive law. But they do not establish this [deflection] from positive statute in permanence and do not declare that such and such is the law. And similarly, if they [the members of the court] determine to nullify [le-batel] a positive commandment or to transgress a negative commandment in order to cause the masses to return to law/religion or to prevent the majority of Israel from stumbling [i.e., sinning] in other [similarly serious] matters, [the court] does so [suspend the positive law]. For just as the doctor amputates a limb or foot in order that a patient survive, similarly, the court rules at any time to transgress a few commandments for a term in order that the masses may one day return and fulfill [all] the commandments. Thus, any court may rule, at any time [zeman min ha-zemanim], to violate some commandments temporarily, in order to sustain them all [i.e., all of the commandments], as was commanded by the early sages, violate one Sabbath so that one may observe many Sabbaths.