Shomer Negiya

Question

Shalom, what source do we have to permit transgressing an issur MiDeRabannan for health reasons, such as shomer negiya without hanaha

Answer

Shalom!

Thank you for your question.

Your question is the topic of a major discussion, beyond the scope of our question and answer service.

However, very briefly, it is true that rabbinical prohibitions are often waived for one who is ill/health reasons. However, a rabbi must be consulted to determine exactly which activities are indeed rabbinic, and whether the patient is defined as “ill” from the perspective of Jewish law. When it comes to Shabbat, in some instances, one will be required to make use of the services of a non-Jew, rather than transgress the rabbinic prohibitions oneself.

Regarding your question on “shomer negiah,” it appears to me that you are asking about issues like a doctor treating a patient of the opposite gender. It is permitted for people to see doctors of opposite gender, such as a woman seeing a male doctor. It is permitted even if the woman is married and even if the doctors will be required to examine an area of the body is normally covered.

Nevertheless, one should seek a female doctor of equal caliber is available, it is better for a woman to see a female doctor, especially when intimate areas of the body require examination.

The reason it is permitted to see a doctor of the opposite gender is due to the principle that one who is occupied with offering a professional service (like a doctor examining a patient) is not suspected of lustful intentions.



Source

See OC 307,328 / Shach, YD 195:20

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