By: Rabbi Chaim Yeshaya Freeman
On Shabbos there is a Rabbinic decree against taking medication to prevent grinding the ingredients, which is a Biblical violation of tochein (grinding) (Shabbos 53b). This is codified in the Shulchan Aruch (Orach Chaim 328:1). Chazal were stringent due to the urgency to obtain medication, one is apt to mistakenly rationalize violating Shabbos (Rif Shabbos 24b).
The poskim discuss whether there is any distinction nowadays. Rav Chaim Naeh (Badei Hashulchan 134:6[2]) suggests that since people do not make their own medications, the decree is no longer applicable. His basis is a Tosfos in meseches Beitzah (30b s.v tnan) who writes a similar idea regarding the Rabbinic decree against dancing on Shabbos to prevent one from making an instrument. Tosfos says that since nowadays people do not make their own instruments, the decree is no longer applicable. He concludes that although one should be stringent, this logic can be applied in conjunction to other leniencies to permit cases of need. However, Rav Moshe Feinstein (Igros Moshe, Orach Chaim 3:53) disagrees that the violation of tochein is only an example, as Chazal were concerned for other violations as well, such as hotzah (carrying) or bishul (cooking) which are still applicable nowadays.
Now we can explore the halachos of medication on Yom Tov. The Gemara (Beitzah 22a) relates that Ameimar permitted applying ointment to the eye for an irritation on the second day of Yom Tov, even though it is a Rabbinic violation of koseiv (writing) or tzoveya (dying). This implies that this is prohibited on Yom Tov Rishon. This is codified in the Shulchan Aruch (Orach Chaim 496:2).
The aforementioned Gemara prohibits a case involving a Rabbinic violation of koseiv (writing) or tzoveya (dying), what is the halacha regarding taking medication which is only a decree to prevent a violation? There are two approaches in the poskim. The Magen Avraham (Orach Chaim 532:2), Pri Megadim (ibid.), Chayei Adam (klal 103:2), Kitzur Shulchan Aruch (98:33) and the Mishna Berura (532:5) all prohibit medicine on Yom Tov Rishon. However, the Avnei Neizer (shu”t 394), Rav Shlomo Kluger (sefer hachaim 328) and the Tzitz Eliezer (8:15[16:2]) take a more lenient approach to permit medicine on Yom Tov Rishon in cases of needs.
There are two oppositions found in the poskim to the stringent approach. The first opposition is regarding the melacha of tochein. The Mechaber (Orach Chaim 495:2) rules that although tochein on Yom Tov is Biblically permitted, as it is done for ocheil nefesh (food preparations), nevertheless there is a Rabbinic prohibition. This was enacted to enhance the joy of Yom Tov, since tochein is usually done on a large scale and it is very time consuming, it would detract one from enjoying Yom Tov (Mishna Berura 495:13). Accordingly, there should not be a decree against taking medicine since it is a gezeira legezeira (a double decree) as tochein itself is a decree.
The second opposition is regarding the melachos of hotzah and bishul. Seemingly,it should be permitted based on the concept of mitoch (“since”). Since these melachos are permitted for a food-related purpose, it is likewise permitted for a non food-related purpose (Beitzah 12a). However, there are two restrictions that apply. 1.) The melachos may only be performed to fulfill Yom Tov needs (Rema, Orach Chaim 518:1). 2.) The melachos may be performed only to produce a benefit that is common to most people (Kesubos 7a). Therefore, since taking medicine for an ailment is a Yom Tov need, and is a benefit that is common to most people, it would be permitted to perform hotzah or bishul for this purpose.
The poskim offer a resolution to explain the stringent opinions. Regarding the first opposition, the Mishna Berura (495:13) cites authorities that opine that tochein is a Biblical violation on Yom Tov. Although it is done for ocheil nefesh (food preparations), the Torah only permitted melachos which are usually performed close to consumption, as opposed to tochein which is usually done in advance. Therefore, the decree against taking medicine is a single decree to prevent a Biblical violation and should be applicable on Yom Tov.
Regarding the second opposition, Rav Shlomo Zalman (Shulchan Shlomo- Refuah pg. 202) cites a debate whether medicine is considered a benefit that is common to most people. This depends on whether we look at the contents of the medicine, which are not considered a common benefit to most people, or if we look at the need to be cured, which is considered a common benefit to most people. Therefore, it is not clear if the rule of mitoch is applicable.
The stringent opinions cite their source from a Tosefta (Moad Katan 2:6) that one may drink root juice on Chol Hamoad. The Magen Avraham (Orach Chaim 532:2) derives from here that all medication is prohibited on Yom Tov. However, the Sfas Emes (cited in Shu”t Avnei Neizer 395) rejects this proof, since the Tosefta is discussing bitter medications which detract from simchas Yom Tov. The Avnei Nezer (ibid.) also rejects this proof, since the Tosefta is discussing medications which do not provide immediate results; therefore it is not apparent that it is for the sake of Yom Tov.
Regarding Yom Tov Sheni, the Gemara (Beitzah 22a) relates that Ameimar permitted applying ointment to the eye for an irritation on the second day of Yom Tov, even though it is a Rabbinic violation of koseiv (writing) or tzoveya (dying). This is for sure true regarding medicine which is a Rabbinic decree. This is codified in Shulchan Aruch (O.C 496:2). The Teshuras Shai (2:174) explains that Chazal permitted Rabbinic violations or decrees for medicinal purposes on Yom Tov Sheni since medical needs are considered an uncommon occurrence, and won’t diminish the spirit of Yom Tov. The Betzal Hachachma (2:68[1]) argues that Chazal were strict with uncommon occurrences. He suggests that this leniency was given since medicinal treatment is usually performed privately and won’t lead to diminish the spirit of Yom Tov.
However, it is important to note that there is one exception to the leniency of Yom Tov Sheni. This is on Rosh Hashana as codified in the Shulchan Aruch (O.C 496:2). The reason for this is because we are stringent to consider both days of Rosh Hashana as one big day.
Taken from the Kollel Avreichim Hollywood
