Q&A: The Laws of the Sabbath
The Laws of the Sabbath
Question
A question regarding the laws of telling a non-Jew to do something on the Sabbath: the Ran on the Rif in Shabbat 39a holds that for a sick person who is not in danger / someone suffering, it is forbidden even for a Jew to perform a rabbinically prohibited labor. How would he explain the statement of the Talmud in Ketubot 60a, which says that a groaning person may suck milk directly, from which it seems explicit that this is permitted?
Answer
The Talmud there brings other laws like this as well. Both in the Talmud and in Maimonides it appears that this is a special, specific ruling and not a general law. In these particular cases, the Sages did not enact the prohibition. And in fact it requires further investigation what is unique about them. Perhaps there is a general principle there of performing labor in an unusual manner, such that specifically regarding this kind of rabbinic prohibition they did not enact a decree against it (perhaps because when one does it in an unusual way, that itself reminds him that today is the Sabbath, and he will not come to a more severe prohibition).
In the halakhic authorities it appears that according to all opinions, a rabbinic prohibition done in an unusual manner is permitted (a double rabbinic prohibition). However, here it is not clear whether in a case like this of sucking, it is a double rabbinic prohibition or only a single rabbinic prohibition.