Hatzolah Men in Pajamas in the Middle of the Night

By Rabbi Yair Hoffman

The Question

Most parents of Yeshiva kids or day school kids have heard Rabbi Alter Yachnes zt”l’s song, “Pharaoh in Pajamas in the Middle of the Night,” but what about applying that idea to Hatzolah volunteers and doctors? We know that in medical emergencies, time is of the essence and every moment counts. When a call comes in, is the Hatzolah emergency volunteer obligated to respond immediately in his Petite Plume Men’s Pajama set or his Sleepy Jones Henry PJs? Or may he take the time to get dressed first?

Rav Elyashiv’s Ruling

Believe it or not, this question was posed several years ago by Rav Yitzchok Zilberstein shlita to his father-in-law, Rav Elyashiv zt”l (without the specific aforementioned brands). The responsum is found in Kav V’Naki Volume I #454.

Rav Elyashiv zt”l responded that “one cannot obligate them to run out in the street in pajamas – because this is something that one would be unable to withstand, and it is also quite possible that he will not provide the necessary treatment to the patient on account of his embarrassment. His task is to constantly save people, and this can create a daily struggle that is difficult to manage.”

The Principle of Takanas HaMatzilim

Our sages established the concept of Takanas HaMatzilim – enactments protecting rescuers – and actually exempted them from paying damages that they otherwise would have been obligated to pay, such as if they damaged items while rushing to save people. This principle appears in tractate Sanhedrin (74a), where we learn that if someone is pursuing another person to kill him, and a third party chases after that pursuer and breaks some items – whether the items belonged to the pursuer, the victim being chased, or even a stranger – he is exempt from paying. The reason: if rescuers were held liable, you would not find people willing to assist those being pursued.

Additional Sources Supporting Leniency for Rescuers

This principle extends to other areas as well. The Tosefta in Gittin 3:13 states: “A skilled doctor who practiced his craft with the permission of Beis Din, and he damaged the patient accidentally, is exempt. If he did so purposefully, he is obligated to pay.” This is a ruling designed to benefit society. Rabbi Shmuel Avigdor Rabinowitz (1806-1866), author of the Minchas Bikkurim, explains that even though there is a principle of Adam Mu’ad l’Olam (a person is always responsible for his actions), the sages exempted doctors and changed the halacha, because otherwise people would refuse to become doctors.

We find the same principle in Rosh Hashanah 23b, where all who go out on Shabbos to save others have 2,000 cubits in every direction to walk. This enactment of Rabban Gamliel HaZakein was instituted so that people would not refrain from saving others. Similarly, in Eiruvin 44b, we learn that those who go out to save Jews on Shabbos are permitted to return home afterward. Rabbi Yechiel Michel Tucazinsky zt”l (1871-1955), author of the Gesher HaChaim (chapter four, sub-paragraph 9), extends this reasoning further, explaining that a doctor standing next to an ill patient who passes away is not obligated to tear Kriyah, because otherwise he would not wish to be a doctor.

A Contrasting View: Rav Shlomo Kluger

It is interesting to note that Rav Elyashiv zt”l did not cite the ruling of Rav Shlomo Kluger zt”l (1785-1869) in his Chochmas Shlomo on Choshen Mishpat Siman 426. There, Rav Kluger extends the principle found in Baba Metzia 30b regarding hashavas aveidah (returning lost objects) to the mitzvah of saving lives. The Gemara teaches that a distinguished person is exempt from the mitzvah of returning a lost object if doing so would be beneath his dignity. Rav Kluger extends this exemption to cases of Pikuach Nefesh as well.

Why Rav Elyashiv Likely Disagreed

This author believes that it is highly likely that Rav Elyashiv zt”l would not have agreed with Rav Kluger’s position, because those cases would not prevent people from entering a certain field altogether. It would seem also that the straightforward reading of Yoma 85b may indicate otherwise. That passage rules that Shabbos violations for life-saving purposes should be performed by the great sages first – which is somewhat indicative that there may even be some embarrassment to these great Rabbis if they were to do it, but we have them do it to demonstrate that life-saving should not be minimized. This view is also supported by Rav Meir Dan Plotzki (1866-1928) in his Kli Chemda on Parshas Ki Saytzay, who questioned Rav Shlomo Kluger’s conclusion.

The author can be reached at [email protected]