* medical decisions about which patients receive treatment and which don't (eg: who gets the available ventilators)
* Jewish communities navigating how to stay connected when gathering in person isn't permitted with remaining true to traditional Jewish observance (which includes refraining from using electronics)
* all communities making decisions about how and when to reopen
(5) You shall keep My laws and My rules, by the pursuit of which man shall live: I am the LORD.
(16) Do not deal basely with your countrymen. Do not stand idly by the blood of your fellow: I am the LORD.
(ה) כֵּיצַד מְאַיְּמִין אֶת הָעֵדִים עַל עֵדֵי נְפָשׁוֹת, הָיוּ מַכְנִיסִין אוֹתָן וּמְאַיְּמִין עֲלֵיהֶן. שֶׁמָּא תֹאמְרוּ מֵאֹמֶד, וּמִשְּׁמוּעָה, עֵד מִפִּי עֵד וּמִפִּי אָדָם נֶאֱמָן שָׁמַעְנוּ, אוֹ שֶׁמָּא אִי אַתֶּם יוֹדְעִין שֶׁסּוֹפֵנוּ לִבְדֹּק אֶתְכֶם בִּדְרִישָׁה וּבַחֲקִירָה. הֱווּ יוֹדְעִין שֶׁלֹּא כְדִינֵי מָמוֹנוֹת דִּינֵי נְפָשׁוֹת. דִּינֵי מָמוֹנוֹת, אָדָם נוֹתֵן מָמוֹן וּמִתְכַּפֵּר לוֹ. דִּינֵי נְפָשׁוֹת, דָּמוֹ וְדַם זַרְעִיּוֹתָיו תְּלוּיִין בּוֹ עַד סוֹף הָעוֹלָם, שֶׁכֵּן מָצִינוּ בְקַיִן שֶׁהָרַג אֶת אָחִיו, שֶׁנֶּאֱמַר (בראשית ד) דְּמֵי אָחִיךָ צֹעֲקִים, אֵינוֹ אוֹמֵר דַּם אָחִיךָ אֶלָּא דְּמֵי אָחִיךָ, דָּמוֹ וְדַם זַרְעִיּוֹתָיו. דָּבָר אַחֵר, דְּמֵי אָחִיךָ, שֶׁהָיָה דָמוֹ מֻשְׁלָךְ עַל הָעֵצִים וְעַל הָאֲבָנִים. לְפִיכָךְ נִבְרָא אָדָם יְחִידִי, לְלַמֶּדְךָ, שֶׁכָּל הַמְאַבֵּד נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ אִבֵּד עוֹלָם מָלֵא. וְכָל הַמְקַיֵּם נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ קִיֵּם עוֹלָם מָלֵא. וּמִפְּנֵי שְׁלוֹם הַבְּרִיּוֹת, שֶׁלֹּא יֹאמַר אָדָם לַחֲבֵרוֹ אַבָּא גָדוֹל מֵאָבִיךָ. וְשֶׁלֹּא יְהוּ מִינִין אוֹמְרִים, הַרְבֵּה רָשֻׁיּוֹת בַּשָּׁמָיִם. וּלְהַגִּיד גְּדֻלָּתוֹ שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא, שֶׁאָדָם טוֹבֵעַ כַּמָּה מַטְבְּעוֹת בְּחוֹתָם אֶחָד וְכֻלָּן דּוֹמִין זֶה לָזֶה, וּמֶלֶךְ מַלְכֵי הַמְּלָכִים הַקָּדוֹשׁ בָּרוּךְ הוּא טָבַע כָּל אָדָם בְּחוֹתָמוֹ שֶׁל אָדָם הָרִאשׁוֹן וְאֵין אֶחָד מֵהֶן דּוֹמֶה לַחֲבֵרוֹ. לְפִיכָךְ כָּל אֶחָד וְאֶחָד חַיָּב לוֹמַר, בִּשְׁבִילִי נִבְרָא הָעוֹלָם. וְשֶׁמָּא תֹאמְרוּ מַה לָּנוּ וְלַצָּרָה הַזֹּאת, וַהֲלֹא כְבָר נֶאֱמַר (ויקרא ה) וְהוּא עֵד אוֹ רָאָה אוֹ יָדָע אִם לוֹא יַגִּיד וְגוֹ'. וְשֶׁמָּא תֹאמְרוּ מַה לָּנוּ לָחוּב בְּדָמוֹ שֶׁל זֶה, וַהֲלֹא כְבָר נֶאֱמַר (משלי יא) וּבַאֲבֹד רְשָׁעִים רִנָּה:
If any person has caused a single life to perish from Israel, he is deemed by Scripture as if he had caused a whole world to perish; and anyone who saves a single soul from Israel, he is deemed by Scripture as if he had saved a whole world.
(ו) מִי שֶׁאֲחָזוֹ בֻלְמוּס, מַאֲכִילִין אוֹתוֹ אֲפִלּוּ דְבָרִים טְמֵאִים, עַד שֶׁיֵּאוֹרוּ עֵינָיו. מִי שֶׁנְּשָׁכוֹ כֶלֶב שׁוֹטֶה, אֵין מַאֲכִילִין אוֹתוֹ מֵחֲצַר כָּבֵד שֶׁלוֹ, וְרַבִּי מַתְיָא בֶן חָרָשׁ מַתִּיר. וְעוֹד אָמַר רַבִּי מַתְיָא בֶן חָרָשׁ, הַחוֹשֵׁשׁ בִּגְרוֹנוֹ, מַטִּילִין לוֹ סַם בְּתוֹךְ פִּיו בְּשַׁבָּת, מִפְּנֵי שֶׁהוּא סְפֵק נְפָשׁוֹת, וְכָל סְפֵק נְפָשׁוֹת דּוֹחֶה אֶת הַשַּׁבָּת:
(6) If one is seized with a pathological craving [for food], he is to be fed even with unkosher food, until he recovers. A person who is bitten by a mad dog must not be fed any of the dog's liver, but Rabbi Matya ben Charash permits it. Moreover, Rabbi Matya ben Charash said: If a person has a sore throat, it is permitted to put medicines into his mouth on the Sabbath, because of possible danger to his life, and whatever threatens to endanger life supersedes [the observance of] the Sabbath.
(ז) מִי שֶׁנָּפְלָה עָלָיו מַפֹּלֶת, סָפֵק הוּא שָׁם סָפֵק אֵינוֹ שָׁם, סָפֵק חַי סָפֵק מֵת, סָפֵק נָכְרִי סָפֵק יִשְׂרָאֵל, מְפַקְּחִין עָלָיו אֶת הַגַּל. מְצָאוּהוּ חַי, מְפַקְּחִין עָלָיו. וְאִם מֵת, יַנִּיחוּהוּ:
(7) If debris falls and it is unknown whether any person is buried [under it] or not; or whether he is dead or alive, or whether he is a gentile or a Jew, we remove the debris (מְפַקְּחִין עָלָיו אֶת הַגַּל) from him on the Sabbath; if he be found alive, we extricate him, but if he is dead, we leave him.
The Sages taught: One engages in saving a life on Shabbat, and one who is vigilant to do so is praiseworthy. And one need not take permission from a court but hurries to act on his own.
How so?
If one sees a child who fell into the sea, he spreads a fisherman’s net and raises him from the water. And one who is vigilant and acts quickly is praiseworthy, and one need not seek permission from a court, although in doing so he catches fish in the net as well.
Similarly, if one sees a child fall into a pit and the child cannot get out, he digs part of the ground out around the edge of the pit to create a makeshift step and raises him out. And one who is vigilant and acts quickly is praiseworthy, and one need not seek permission from a court, although in doing so he fashions a step.
Similarly, if one sees that a door is locked before a child and the child is scared and crying, he breaks the door and takes the child out. And one who is vigilant and acts quickly is praiseworthy, and one need not seek permission from a court, although he intends to break it into boards to be used later.
Similarly, one may extinguish a fire by placing a barrier of metal or clay vessels filled with water in front of it on Shabbat when life is endangered. And one who is vigilant and acts quickly is praiseworthy, and one need not seek permission from a court, although he leaves the coals, which can be used for cooking after Shabbat.
MISHNAH: ...One may birth a woman even on Shabbat, and call a midwife for her to travel from place to place, even when the midwife’s travel involves the desecration of Shabbat. And one may desecrate Shabbat for a woman giving birth. And one may tie the umbilical cord of a child born on Shabbat.
Rabbi Yosei says: One may even cut the umbilical cord.
And all the requirements of circumcision may be performed for a baby whose eighth day of life occurs on Shabbat.
We learned in the mishnah: And one may birth a woman even when that involves the desecration of Shabbat.
The Gemara asks: After all, it was taught explicitly in the mishnah: "And one may birth a woman even on Shabbat, and call a midwife for her to travel from place to place." The phrase: "And one may desecrate Shabbat for a woman giving birth", what does it come to include? All the possible acts of desecrating Shabbat for the birthing woman were already listed!
The Gemara answers: It comes to include that which the Sages taught with regard to this issue: If a woman giving birth were to need a lamp, her friend lights the lamp for her on Shabbat. And if she were to need oil, her friend brings her oil via the public domain in an atypical manner, carrying it in the palm of her hand but not in a vessel. And if the oil that her friend brings in her hand is not enough, she brings oil in her hair. And if oil that she brings in her hair is not enough, she brings oil for her in the typical manner, in a vessel.
The Master said in the baraita: If a woman giving birth were to need a lamp, her friend would light the lamp for her on Shabbat. The Gemara asks: This is obvious. The Gemara answers: It is necessary to teach this halakha only in the case of a blind woman giving birth. Lest you say: Since she cannot see even with the light it is prohibited to bring a lamp for her, it teaches us that lighting the lamp is permitted to settle her mind. The blind woman thinks: If there is something that needs to be done in the course of childbirth, the lamp will enable my friend to see and she will do it for me.
Official Statement from the Rabbinical Assembly (Conservative Movement)
April 2020
As the weeks of mandated physical separation continue there is a growing and understandable desire around the world to reopen businesses and other institutions as quickly as possible. Failing economies and ballooning job loss create tremendous economic pressure on our families and threaten the viability of our institutions. There is also a great yearning for social interaction with physical proximity and the need to be relieved of the isolation and loneliness of the past weeks. We do not know when exactly we can reopen, except to know it is clear that what will emerge will be a gradual and phased restarting of physical proximity that is also likely to vary among different locations around the globe. Individuals and institutions will need to assess local conditions, follow government guidelines, and evaluate opportunities to increase physical proximity based on sound scientific and medical advice. Along with those considerations, Jewish institutions should also factor into their decisions the values that have continued to guide us throughout this crisis.
These include:
~ Pikuah Nefesh – “Safeguarding Life” is a bedrock principle of Jewish law, and supersedes most other obligations or mitzvot. To that end, our institutions must ensure that any steps towards restoring physical proximity place preserving life first and foremost.
~ Sakanat Nefeshot – “Endangering Life” – participants, staff, and clergy should not be in positions where they will be unduly endangering their own lives or the lives of their families due to pressure to restore activities. We must honor the needs of those who lead or participate in our communities when they have individual circumstances requiring the need to reduce risk to themselves or to those with whom they live.
~ She’at Hadehak – “Extraordinary Moment” – Jewish life has always made adjustments in times of emergency and crisis. We will need to come to terms with the fact that this crisis may last for well over a year, and that we will need to continue to change our expectations and operations. We will need continued flexibility in Jewish practice informed by our commitment to authentic modes of interpretation of our tradition.
~ Kol Yisrael Areivim Zeh Bazeh – “We Are Responsible for One Another” – It’s our job to look out for the mental and physical health and safety of one another. Those who have resources need to give tzeddakah to help 10 others and to sustain our institutions. Our participants are connected to others outside our community, and our policies and activities affect the broader rate of infection. And we must be sure that we act in ways in which clergy, staff, and participants do not feel discriminated against or unduly disadvantaged based on their health needs. and
~ Hesed – “Profound Love and Kindness” – Decisions around our operations and the risks involved create uncertainty, grief, and anxiety, and we must act with tremendous love and kindness towards the members of our families, communities, and the world at large.
Institutions should therefore:
~ Act with caution before undertaking activities that allow for physical proximity. Given all of the values above, and despite the fact that it continues to challenge the finances of our institutions, in many locations our concern for health and safety should make us among the last to return to physically proximate activity, rather than the first.
~ Ensure partnership in decision making among clergy, staff, and lay leadership. Institutions should establish a committee that involves all of these leaders, along with medical professionals with appropriate expertise, to evaluate next steps.
~ Continue to use technology whenever possible for prayer, education, and community building. Even when not ideal, these tools continue to ensure health and safety and help avoid tempting people who should not attend because of age or health conditions from endangering themselves. Other key functions like daycare, nursery school, or camp might be possible to resume on a different timetable.
~ Realize that the path toward resuming “normal operations” will be long.
~ Understand that even when we have the medical technology to overcome the challenge of this virus, our communities will still be forever changed in the way we operate and we should be looking for the ways in which our new modes of operation can permanently enhance our reach and impact.
~ Work together with others in local communities to develop a coordinated approach, given that specific conditions relating to the stage and severity of the pandemic are different in each locale. and
~ Respect decisions made by synagogues, institutions, clergy, staff, leaders and participants. These decisions are hard, the data and guidance from authorities is sometimes not clear or ambiguous, and the perception of risk and safety can vary. Anxiety around making the right choice needs to be met with patience, deep listening, and acceptance.
Our tradition teaches us that there are blessings to be found in every moment. Moreover, our experience as a people shows us that we can exist and maintain spiritual solidarity even when we cannot see one another physically. With positive and inspiring leadership, patience, and tremendous ḥesed we will persevere during this challenging period and make choices which preserve the well-being of our community while honoring the profound need and desire to participate in Jewish life and meet our spiritual and communal needs.