How to Fill Out a Form on Shabbat for a Life-Saving Operation?

The Prohibition of Writing on Shabbat — Part 1 [Biblical and Rabbinic Prohibitions]

How to Fill Out a Form on Shabbat for a Life-Saving Operation?

Topics of the Article

A person needs a life-saving operation, and the doctor refuses to operate unless the patient fills out a form in his own handwriting and signs it — what should he do? When is it permitted to tell a non-Jew to write? Writing with the left hand? What is the law of a left-handed person writing with his left hand? A person who has no dominant hand — with which hand is writing prohibited by Torah law? Writing by holding the pen in one’s mouth? Writing with the elbow or foot? A person holds the pen, and another person moves the hand of the one holding it? Tracing over existing writing? What is the measure of writing that creates liability? What differences exist between a Biblical prohibition and a Rabbinic prohibition, and why is it important for us to know them, since in both cases the act is forbidden?

How Should One Fill Out a Life-Saving Form on Shabbat?

There are various cases in which a person needs life-saving medical treatment, and the medical center refuses to allow him to receive the treatment without a signature, and sometimes even without filling out the form. The question arises: what is the correct way to do this on Shabbat? This is the most common example of pikuach nefesh, saving a life; however, of course the question applies to any case in which writing is involved in pikuach nefesh, such as a commander in the army who must transmit a message that entails saving lives, and the like. We will discuss this in the following article.

Another question on which we will focus in this article is: in which situations is it permitted to tell a non-Jew to write on Shabbat?

The Melachah of Writing

One of the 39 melachot that are prohibited by Torah law on Shabbat is writing. In this article, we will detail the definitions of the prohibition, what is included in it, and how to deal with various situations that require writing on Shabbat.

As with every melachah, one must distinguish between writing that is prohibited by Torah law, for which a person who transgresses unintentionally is obligated to bring a chatat offering, while one who transgresses intentionally is liable to the death penalty, and the Rabbinic prohibition of writing, in which a person who transgresses has violated a prohibition but not a Torah prohibition.

The most common practical difference between these two prohibitions is when there is a great need to write. There are cases in which the Sages permitted telling a non-Jew to write only things that are Rabbinically prohibited. In the article on the laws of amirah le-nachri — instructing a non-Jew — we will explain in detail which needs justify telling a non-Jew to violate a Torah prohibition, which needs justify telling a non-Jew to violate a Rabbinic prohibition, and for which needs it was not permitted to tell a non-Jew to violate even a Rabbinic prohibition. [In general, we can say that for the sake of a mitzvah or a great need, amirah le-nachri was permitted when the prohibition is only Rabbinic. Therefore, if one asks the non-Jew to write in a manner that is Rabbinic, it can be permitted in such cases; however, all the details must be studied in their proper place].

Another common difference is in a case of pikuach nefesh where one must sign, for example, if the doctor is unwilling to perform medical treatment without a signature and the completion of personal details, and he requires a full signature and not merely a scribble. In such a case, although writing is permitted, one is obligated to write in a manner that involves only a Rabbinic prohibition. [It should be noted that most of the time one can persuade the doctor to suffice with another solution, but if this is not possible, one should try to write in a manner prohibited only Rabbinically].

A further distinction is found in the poskim: sometimes, when most poskim are lenient about doing a certain action, but an important posek maintains that it involves a Torah prohibition, the poskim wrote at times that one may be lenient according to the majority of poskim on condition that the action be done in a manner that is only Rabbinic. For example, regarding hanging letters on the parochet on Shabbat (see the separate article “Writing,” Part 3, for the detailed halachot), the Chayei Adam (Nishmat Adam, klal 37, note 3) wrote two conditions: 1. that it be done loosely; 2. that he place the letter with his left hand, because writing with the left hand is prohibited only Rabbinically, and in such a case he may rely on the majority of poskim who permit this ab initio.

However, with regard to this distinction, one must be very careful not to decide on one’s own that where a stringent view of an individual authority is cited, if we perform the melachah in a manner that is Rabbinic, we may be lenient. There are many rules involved. Nevertheless, it is important for the learner to know the background and understand why in various situations the rabbi permits him to do something only under certain conditions.

In light of these matters, in this article we will study different ways that turn writing into a Rabbinic prohibition rather than a Torah prohibition, or that lessen the prohibition; and when necessary, even where there is pikuach nefesh, it is preferable to do it in this manner. Likewise, when there is a great need, in such situations it is sometimes possible to ask a non-Jew to write.

Writing with the Left Hand

A right-handed person who writes with his left hand, or a left-handed person who writes with his right hand, is exempt by Torah law, and the matter is prohibited only Rabbinically (Mishnah Berurah, siman 340, se’if katan 22, rule 7). Similarly, a person who writes in any unusual manner, such as holding the pen in his mouth or with his elbow, or who turns his hand over and inserts the pen between his fingers and the like, is exempt by Torah law, and the matter is prohibited only Rabbinically. Even a person who dips his shoe in paint and writes with his foot is exempt by Torah law (Mishnah Berurah, siman 340, se’if katan 22, rule 7).

Therefore, in most cases when a person is forced to write on Shabbat because of pikuach nefesh — for example, so that the doctor will agree to perform emergency surgery on Shabbat, and there is no possibility without filling out a form or signing his name [when a mere scribble is not possible] — it is recommended to write with the left hand, thereby making it only a Rabbinic prohibition.

A person who has no dominant hand and has control over both hands, and whose handwriting with both hands is equal in quality, whether he writes with his right hand or with his left hand, is liable; such a person has no option of writing with a particular hand so that it will be only a Rabbinic prohibition (Mishnah Berurah, siman 340, se’if katan 22, rule 7).

The Mishnah Berurah (siman 340, end of se’if katan 22) wrote in the name of the Chayei Adam that only regarding writing is one exempt for writing with the left hand; but if a person performed another melachah, for example placing a pot on the fire with his left hand, he is liable, and only in writing is writing with the left hand not considered a significant melachah. In light of this, it would seem that a person who stamps with a stamp using his left hand, or arranges letters side by side, according to the view that this is prohibited by Torah law, would be liable even though he did it with his left hand, because only writing with the left hand is inferior writing; but stamping with a stamp or arranging letters does not produce a lower-quality result when done with the left hand. However, in Nishmat Adam (klal 37, note 3) he wrote that a person who arranges letters on the parochet in a loose manner — which, according to most poskim, does not involve the prohibition of writing, though there is one who holds that it is prohibited by Torah law — may do so with his left hand, and since it is then certainly Rabbinic, one may be lenient according to the majority of poskim. From this it is evident that in all forms of liability for writing there is no liability when done with the left hand. This requires further study.

Writing Over Existing Writing

Question: When there is existing writing, and a person traces over it with some writing instrument, is there a prohibition, or perhaps this person added nothing to the existing writing and there is no prohibition here?

Answer: The question is why this person did it, and how he did it.

In the Mishnah (Shabbat 104b) it is stated that a person who writes over other writing is exempt from a chatat offering, but the act is Rabbinically prohibited. However, in the Gemara (Gittin 19a) it is stated that writing with ink over sikra [a type of red ink of lower quality than standard black ink] creates liability, because he created better-quality writing. But writing ink over ink, or sikra over sikra, makes him exempt and is prohibited only Rabbinically, because no difference was created in the quality of the writing. However, where the page had writing in high-quality ink, and he traced over it with sikra, which is not high-quality: on the one hand, he changed the writing — it is now written in red instead of black, and if so the writing created a change; on the other hand, the change is for the worse, damaging the quality of the writing and lowering its level. In this case, the Gemara disputes whether he is liable or exempt and prohibited only Rabbinically. The halachah is ruled (Rambam, Hilchot Shabbat 11:16) that this is only a Rabbinic prohibition (Mishnah Berurah, siman 340, se’if katan 22, rule 3).

Two People Writing Together

In a case where one person holds the pen steady, and another person moves the hand of the writer: if the person holding the hand of the writer holds the pen in a static position so that it remains steady, but does not assist in the writing itself, the liability applies only to the person who moved the hand. The one holding the pen is exempt from a chatat offering, and the matter is prohibited only Rabbinically (Mishnah Berurah, siman 340, se’if katan 22, rule 7).

However, where the one holding the pen intends to assist the writing, the one holding the pen is considered the writer and is liable, while the one who moves the hand is considered an assistant and is exempt from a chatat offering; the matter is prohibited only Rabbinically (Mishnah Berurah, siman 340, se’if katan 22, rule 7).

Therefore, an elderly person who needs to fill out a form and provide a signature in his own handwriting for life-saving treatment, and the doctor insists that he fill it out himself, may, where possible, ask a non-Jew — for example, the Filipino caregiver assisting him — to move his hand, while he only holds the pen; the non-Jew then writes, so that the writing is attributed to the non-Jew and not to the Jew.

Similarly, if an adult holds the pen and a minor child moves the adult’s hand, by Torah law there is no liability for a chatat offering, since the minor is exempt from a chatat offering and the adult only assisted. However, Rabbinically there is an obligation of chinuch regarding the minor, as well as a prohibition on the adult to assist. But as stated, in a case of pikuach nefesh, this is preferable to the adult writing himself.

The Measure of Writing That Creates Liability

For many of the melachot on Shabbat there is a measure: only a person who wrote that measure becomes obligated to bring a chatat offering if he transgressed the melachah unintentionally; likewise, if, Heaven forbid, he transgressed intentionally, he becomes liable to the death penalty. However, even by Torah law it is prohibited to perform half the measure of a melachah.

In the melachah of writing, the measure is writing two letters. But one who writes a single letter, although the act is prohibited by Torah law, is not liable for a chatat or karet. Even one who wrote one large and beautiful letter in a place where several letters could be written does not thereby incur liability. Moreover, even if the letter is an abbreviation and he marks a hyphen or a dot in order to indicate, by writing the letter, an entire word — for example, in their times they would write on a barrel of maaser the letter “mem” — in any case he is not liable for a chatat. Similarly, even where the letter represents a number, such as “mem,” which represents the number 40, or if he wrote a single digit, he is not liable for a chatat (Mishnah Berurah, siman 340, se’if katan 22, rule 4).

Therefore, where there is no alternative — for example, a person must sign so that they will perform an operation involving pikuach nefesh, and the doctor will not suffice with a scribble, but if he signs the first letter of his name with a hyphen this satisfies the doctor — he should sign only one letter, which is only half a measure, and not two letters, which is a full prohibition.

Also, where there is already writing on the page and he wants to complete the word by adding one letter, there is no liability for a chatat. However, if a book is complete and only one final letter is missing, by writing that letter he is liable, because thereby a significant act is performed and the book is completed (Mishnah Berurah, siman 340, se’if katan 22, rule 4).

A person needed to write the word “zaz” in Ashurit script [the script of Torah scrolls], and by mistake before Shabbat the letter chet was written; on Shabbat he removed the addition above the top of the letter chet. He is liable, because he has now created two letters that he needed.

However, a person who needed to write the letter chet and by mistake wrote “zaz” without a connection is not liable for a chatat (Mishnah Berurah, siman 340, se’if katan 22, rule 4).

The liability for writing two letters applies even when they are part of a word, and a meaningful word has not yet been written.

Where a person writes the same letter twice, and thereby a word is formed, for example “gag,” “zaz,” and the like, or even if he wanted to write “titnu” and wrote “tat,” he is liable for a chatat (Mishnah Berurah, siman 340, se’if katan 22, rule 5). However, when a person wrote the same letter twice and no word has yet been formed, for example, a person who wants to write “Bavel” and wrote “bb,” which still has no meaning, and he also wrote the same letter twice, the Rambam’s opinion is that the matter is prohibited only Rabbinically, while Rashi’s opinion is that the matter is prohibited by Torah law (Mishnah Berurah, Biur Halachah, siman 340, se’if 4, s.v. “be-mashkin”).

A person is liable also if he wrote 2 numbers, or 2 letters in a foreign script, or if a person writes 2 letters in a Torah scroll without the tagin [small strokes on top of the letters of shaatnez getz, and some have the custom to make them also on bedek chayah] (Mishnah Berurah, siman 340, se’if katan 22, rule 5).

The liability for writing 2 letters applies only on condition that there is an option to read the two letters together. But if a person wrote one letter on one wall and another letter on another wall, if he wrote them in a corner and the two letters can be read together, he is liable for a chatat; however, if they cannot be read together because there is distance between them, he is not liable for a chatat.

Similarly, if he wrote a letter on a sheet in Eretz Yisrael, and even if he was flown on Shabbat to America and wrote another letter there, he is liable for the writing, since the sheet can be brought from Eretz Yisrael to America and they can be placed side by side and read together. But if he wrote one letter on a rock and one letter on a beam in a building, which cannot be brought close together without uprooting the rock from the ground and the beam from the building, he is not liable for a chatat (Mishnah Berurah, siman 340, se’if katan 22, rule 6).

A Letter Above a Letter

A person who wrote one letter, and beneath it wrote another letter as a continuation of the previous letter — the Biur Halachah (siman 340, se’if 4, s.v. “be-mashkin”) was uncertain whether he is liable for a chatat. Therefore, when there is no other option and there is a need of pikuach nefesh, if one can sign in this manner, it is preferable to a regular signature.

Summary

In summary, we can list several ways in which the prohibition is Rabbinic or the prohibition is lighter:

The most common way is simply to write with the left hand. Therefore, one who must write because of pikuach nefesh, where it is possible to write with the left hand in a way that is sufficient for saving life, should do so. Moreover, when one tells a non-Jew to write with the left hand, the matter is considered a shevut de-shevut, and in cases where amirah le-nachri was permitted for a Rabbinic prohibition, it is permitted to tell him to write with the left hand; then even if the non-Jew writes with his right hand for his own convenience, there is no prohibition.

Another way in a case of pikuach nefesh is for a foreign worker or any other non-Jew to move the hand of the signer, while the signer only holds the pen in his hand. This is a common solution for nursing patients or elderly people who need life-saving treatment.

Another way is to sign over an existing signature; when necessary, one may ask a non-Jew to write the name, and then merely trace over the signature again.

Another way is to write one letter above another letter rather than one letter next to another; the Biur Halachah is uncertain about the matter but tends to say that it is prohibited only Rabbinically.

Another way is to sign by writing a single letter with a dot or a hyphen; this letter may be written large and impressive over the entire area designated for the signature.

Shulchan Aruch (Orach Chaim, siman 340, se’ifim 3–4–5).