Rosh Hashanah 2:5

By :  Daniel Nevins 91快播 Alum (Rabbinical School), Former Pearl Resnick Dean of The Rabbinical School and the Division of Religious Leadership, Adjunct Assistant Professor Posted On Jan 1, 2008 | Mishnat Hashavua

Should do-gooders be given special dispensations?

讞爪专 讙讚讜诇讛 讛讬转讛 讘讬专讜砖诇讬诐, 讜讘讬转 讬注讝拽 讛讬转讛 谞拽专讗转, 讜诇砖诐 讻诇 讛注讚讬诐 诪转讻谞住讬诐, 讜讘讬转 讚讬谉 讘讜讚拽讬谉 讗讜转诐 砖诐. 讜住注讜讚讜转 讙讚讜诇讜转 注讜砖讬谉 诇讛诐 讘砖讘讬诇 砖讬讛讜 专讙讬诇讬谉 诇讘讗. 讘专讗砖讜谞讛 诇讗 讛讬讜 讝讝讬谉 诪砖诐 讻诇 讛讬讜诐, 讛转拽讬谉 专讘谉 讙诪诇讬讗诇 (讛讝拽谉) 砖讬讛讜 诪讛诇讻讬谉 讗诇驻讬诐 讗诪讛 诇讻诇 专讜讞. 讜诇讗 讗诇讜 讘诇讘讚, 讗诇讗 讗祝 讛讞讻诪讛 讛讘讗讛 诇讬诇讚, 讜讛讘讗 诇讛爪讬诇 诪谉 讛讚诇拽讛 讜诪谉 讛讙讬住 讜诪谉 讛谞讛专 讜诪谉 讛诪驻诇转, 讛专讬 讗诇讜 讻讗谞砖讬 讛注讬专, 讜讬砖 诇讛诐 讗诇驻讬诐 讗诪讛 诇讻诇 专讜讞.

There was a great courtyard in Jerusalem called Beit Yazek where the entire crowd [of potential new moon] witnesses would gather, and the court would examine them there. And [the officials] used to make them big feasts, so that the people would be eager to come. Originally, they [the witnesses who had traveled on Shabbat to testify] were not allowed to move [more than four cubits] from there all day. Rabban Gamliel decreed that they should be allowed to walk two thousand cubits in all directions [as if they had begun Shabbat there]. And not only these鈥攂ut even the midwife who traveled [on Shabbat] to assist a birth, and also one who came to rescue victims of a fire, or from an army, or from [drowning in] a river or from [being crushed beneath] a collapsed building鈥攁ll of these are considered like people of the city and they get to move two thousand cubits in all directions.

Comments

Rabbinic law restricted the movement of a Jew on Shabbat to two thousand cubits from his or her techum boundary鈥攗sually the town. If he or she left the boundary, the limit was a mere four cubits (seven feet). But there were established exemptions. In order to serve as a witness to the new moon, or to help save a life, all restrictions on movement were dropped. What next? Having testified or performed the rescue, could one travel home, or must he or she stay put until the end of Shabbat? Rabban Gamliel鈥檚 decree (takkanah) was apparently motivated by a social concern that people not refrain from helping others.

Questions

Can you think of examples in our day where a rescuer is penalized? Should so-called good Samaritans be exempted from liability for damages caused by their rescue efforts? Should Rabban Gamliel鈥檚 decree be used to permit rescue workers and physicians who travel to the hospital on Shabbat to drive home afterward?