You shall keep My laws and My rules, by the pursuit of which human beings shall live: I am The Eternal.
Vayikra 18:5
In the fall of 2016, Israeli society was roiled by a controversy surrounding working on the Jerusalem-Tel Aviv railway on Shabbat.
My own views on the matter are clear. Despite the fact that Shabbat is a day when no work should be done, there are things that outweigh even the sanctity of Shabbat. One such thing is the sanctity of human life.
At the time, I argued that if completing the work in a timelier manner would prevent many car accidents, and would therefore indeed be a matter of life and death — halakhically called sakanat nefashot, or pikuah nefesh (saving a life) — we should definitely do this work on Shabbat. Experts maintain that during the weekdays it would create total chaos by closing down major roads. This would be insurmountable, and would be even more dangerous. It could also easily undermine the very structure and wellbeing of the State.[1]
I further argued that this work should not be done by non-Jews. It is time for us to abolish the concept of the “shabbes goy”, which is an anachronism from our galut (exile) experience. The time has come for us to act independently — especially in the State of Israel — and no longer be dependent on non-Jews to run a modern Jewish State.
Halakhah demands of us, as Jews, to violate Shabbat in order to save the lives of human beings.[2]
At the time, I suggested turning this Halakhicly-sanctioned work into a celebration, ensuring that those Jews working on the project would observe Shabbat as much as possible while working on this most holy day. Instead of asking non-Jews to take our place, let us gather as many (religious) Jews as possible to join in this undertaking and do this work in the spirit of Shabbat and Halakhah.
When construction work must be done on Shabbat
Here are some suggestions for sanctifying such infrastructure work when it must take place on Shabbat:
- Work sites could set aside places where people will make Kiddush and where a special Shabbat atmosphere will be created. Tasteful Shabbat meals — kept warm according to the laws of Shabbat — should be served.
- There could be alternate minyanim where the workers can hear the reading of the parasha (the weekly Torah portion) and say their Shabbat prayers in shifts.
- Participants can sing Shabbat songs, and someone can give a d’var Torah teaching the great mitzvah they are performing by working on the holy Shabbat in order to save lives.
- Change the color of safety helmets on Shabbat as a way of making it clear that the work on that day is different than on weekdays.
- There should be flags and ribbons flying and large posters displayed at the work sites, proclaiming: “The people of Israel shall keep the Shabbat, observing the Shabbat throughout the ages as a covenant for eternity.” (Shemot 31:16); “And one shall live by them [My laws]” (Vayikra 18:5) “ …and not die because of them.” (Sanhedrin 74a)
In this way, we could show our fellow Israelis and the world that we respect and love Shabbat, but that it will not stand in the way of the sanctity of human life and the well-being of the State of Israel. It will actually advance our spirit and commitment to Judaism and reveal that Halakhah can deal with the requirements of a modern democratic Jewish state in an unprecedented way.
Extending the rule of pikuah nefesh
Although I was harshly criticized for these suggestions, I still stand by my opinions. More than that, I am now of the opinion that the law that demands of us to violate Shabbat in order to literally save the lives of human beings applies not only to the individual, but also to the community and the state. If Israel is no longer able to function properly as a modern Jewish state and will otherwise run into major problems that no modern state can afford then solutions must be found.
The great gaon (talmudic genius) Rabbi Moshe Shmuel Glasner (1856-1924), former chief rabbi of Klausenburg, is best known as the author of Dor Revi’i, his remarkable commentary on Tractate Chulin.[3] In his introduction to this work, he discussed the institution of the Oral Torah and the most unfortunate and dangerous undertaking to codify it, which led to the ossification of Halakhah. He also suggested that we broaden the concept of pikuah nefesh and apply it not only to people who would actually die if we avoided violating Shabbat, but also to people who would be robbed of all their financial assets and become so poor that they could no longer live a decent life, which may be worse than death.[4]
This, I believe, also applies to the State of Israel in cases where its economic foundation would be undermined and it could no longer function. We can be sure that more and more cases like the crisis over railway work will occur in the future, and the State of Israel will pay an enormous price if we do not find solutions. Citizens could be badly harmed, and the state could ultimately collapse if these matters aren’t resolved according to criteria of a living Halakhah.
Right now this may sound farfetched, but we have seen great empires collapse when they were unable to ensure that they could function as full-fledged “modern states” and develop accordingly.
Deciding where to draw the line
Obviously, such violations of Shabbat must be kept to a minimum and may be considered only when they really help to save lives and protect the state from serious damage. Opening stores on Shabbat — if it’s nothing more than making life a little more convenient for some citizens — does not fall into this category. But when issues of great public need are at stake, another approach is required and that may be included in new criteria of pikuah nefesh.
There should be a governmental board consisting of experts and broad-minded, daring rabbis, with great halakhic knowledge — who are prepared to stick their necks out — to decide on these matters.
To my utter joy, my suggestions were (partially) implemented by those responsible for building a huge bridge over the Ayalon Highway in Tel Aviv. The construction of this bridge required the highway to be closed, which on weekdays would have led to absolute chaos with detrimental consequences.
In its article covering this story, The Jewish Press included a short video of a man wearing a work helmet, making Kiddush on Friday night while working on the bridge, thus bringing the spirit of Shabbat to his co-workers, who all answered Amen to his brachot.[5] Yes, I know he was reading the Kiddush from his cellphone and that the man who made the clip used his cellphone as well, something I would have liked to prevent. But the message was received, and that’s reason enough for us to be most joyful, even if the situation is not yet perfect.
The Shalva Band and Eurovision
In 2019, there was yet another conflict between statehood and Shabbat. This one involved a unique group of musical performers.
Shalva, a magnificent organization founded in 1990 by Kalman and Malki Samuels, an Orthodox couple, has become a world-class institution providing a range of services for people with disabilities and their families. This band, comprised of young adults, has won the hearts of all Israelis, including the judges of the competition. All of the performers have disabilities — some are blind, others have Downs Syndrome. Band and music director Shai Ben-Shushan formed the group when he began volunteering at Shalva following a long recovery from a serious head injury sustained in the IDF’s Special Forces. Despite their challenges, Shalva Band’s performances are absolutely phenomenal.
The Shalva Band had broad support to represent Israel at the Eurovision contest held in Tel Aviv in 2019. However, all participants in the Eurovision Song Contest have to be at rehearsals on Shabbat for the competition that takes place on Saturday night. There were many technical issues involved that are hard to overcome, far beyond what the observer might be aware of. A “Shabbat-friendly microphone” is the least of the problems! In the end, this wonderful and unique group of performers canceled their participation in the contest, since they were not prepared to violate Shabbat.
Likewise, another popular Israeli pop star, Omer Adam also turned down an invitation to perform at the Eurovision contest, because it would involve violating Shabbat. He is not religiously observant but makes a point of not working on Shabbat.
We can only stand in awe of these wonderful performers, who understand that there is something called Jewish pride, and that Shabbat is too important to be violated under such circumstances.
However much prestige Israel may have earned by hosting Eurovision, it is absolutely shameful that Israel’s leadership would allow violation of Shabbat on this occasion. It is clear that this has nothing to do with pikuah nefesh. Israel should have turned down the opportunity to host the Eurovision Song Contest if its organizers were not prepared to find a solution that would allow these performers to participate. Israel could have shown the world what it means to stand up for one’s principles; to protect a religious institution that for thousands of years has kept the Jewish people alive against all odds; and to allow the Shalva Band to perform. This kind of Kiddush Hashem is worth more than all the money in the world. Many secular Israelis would fully agree.
It’s hard to overstate what would have happened if the Shalva band had been able to represent Israel at the Eurovision. It would have given all special-needs children throughout the world a huge boost. Israel would have been lauded for its huge accomplishment, and the sanctity of Shabbat would have shined for all to see.
More than Israel has kept the Shabbat, the Shabbat has kept Israel
Israel routinely grounds EL AL planes on Shabbat. Every year on Yom Kippur, all of Ben Gurion Airport is closed; even foreign planes are not allowed to land or take off. Let us make it clear that organizers of large national cultural events must act in the same manner. If they need to bend their rules so as not to violate Shabbat, then they must bend them.
I am reminded of the words of the great Rabbi Abraham Joshua Heschel:
He who wants to enter the holiness of the [Sabbath] day must first lay down the profanity of clattering commerce, of being yoked to toil. He must go away from the screech of dissonant days, from the nervousness and fury of acquisitiveness and the betrayal in embezzling his own life. He must say farewell to manual work and learn to understand that the world has already been created and will survive without the help of man. Six days a week we wrestle with the world, wringing profit from the earth; on the Sabbath we especially care for the seed of eternity planted in the soul. The world has our hands, but our soul belongs to Someone Else …
The seventh day is the exodus from tension, the liberation of man from his own muddiness, the installation of man as a sovereign in the world of time …
The Sabbaths are our great cathedrals; and our Holy of Holies is a shrine that neither the Romans nor the Germans were able to burn …[6]
We Jews have bent all the rules of history throughout our 3,000 years, and have preserved our uniqueness as a result, against all odds. So let us do it again.
Questions to Ponder
- Rabbi Cardozo argues for extending the rule of Pikuah Nefesh, whereby we are not only allowed to violate Shabbat, but commanded to do so, if this will save a human life. In fact, this extension of Pikuah Nefesh figures large in Israel’s history. During the war against Antiochus, the Maccabis ruled that their soldiers must violate Shabbat to avoid defeat. More recently, prominent Israeli Halakhic authorities have had to grapple with issues arising from Shabbat observance in a modern state. Rav Shaul Yisraeli ruled that institutions like ambulances and police forces were “enablers of Pikuah Nefesh” and can hence may operate on Shabbat, even when not responding to an immediate danger to life. Rav Shlomo Zalman Aurbach ruled that “pikuah nefesh” is defined more broadly for the wider public than for an individual.
- Do you think there is indeed a distinction between private vs. public observance? What about immediate danger vs. probabilistic danger? What other Halakhic principles might come in to play here?
- Rabbi Cardozo proposes a number of ways to create a Shabbat atmosphere at construction sites where work must be done on Shabbat. Do you think these solutions would be meaningful to most Israelis? What other possibilities might work to make Shabbat “special” in some way for workers who have no choice but to work on Shabbat?
- What are the broader implications of accommodating Shabbat observance in public and cultural events, such as the Eurovision Song Contest? How does this issue reflect larger tensions between religious tradition and secular culture in Israeli society?
Notes
[1] See Jewish Law as Rebellion, chapter 39.
[2] See: Yoma 85b; Rambam, Mishneh Torah, Hilchot Shabbat, 2:3.
[3] Rabbi Glasner was a close friend of Rabbis Avraham Yitzchak Kook, and of Chaim Ozer Grodzinski, and of Meir Simcha HaKohen of Dvinsk, known as the MeshechChochmah.
[4] See Petichah 26a.
[5] “A Unique Kiddush – Only in Israel” Jewish Press 27 January, 2019 https://www.jewishpress.com/multimedia/video-picks/kiddush-only-in-israel/2019/01/27/, accessed on 21 July 2024/
[6] Abraham Joshua Heschel, The Sabbath: Its Meaning for Modern Man [NY: Farrar, Straus and Giroux, 1951] pp 13, 29, 8.
