Expressing Milk for Medicinal Purposes
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Living The Halachic Process
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Part 4
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Rabbi Daniel Mann
My infant has conjunctivitis. A pediatrician I saw in shul on Shabbat morning suggested expressing mother’s milk directly into his eye instead of using standard eye drops (although he was totally fine with either system or beginning treatment at night). Is that permitted on Shabbat?
According to the great majority of authorities, human nursing, not only milking a cow, is a Torah violation of mefarek,[1] at least in many cases. We obviously allow a baby to nurse on Shabbat, but usually it is the baby who performs the very important, “problematic” act. Is it permissible for a woman to express milk for her baby’s needs in general, or, in this case, for medicinal purposes?
The Shulchan Aruch[2] says that a nursing mother may not express milk into a cup to feed her child. (It is permitted to express to relieve an oversupply in such a manner that the milk is lost immediately[3]). However, there are instances in which expressing milk with the aim of it being used is permitted. They may shed light on our case.
The Shulchan Aruch[4] rules that a woman may express milk into her baby’s mouth[5] in order to interest him in nursing. Most poskim understand that this is not a level of need that we would consider life threatening. Why, then, is it permitted? Similarly, the Shibolei HaLeket[6] says that a woman may not squirt her milk on someone who is under the influence of a strange malady, because the situation entails neither danger nor extreme pain. This implies that it would be permitted in the presence of such pain. Why?
The Magen Avraham[7] and Mishna Berura[8] explain the implied leniency by claiming that this expressing of milk is a melacha she’eina tzricha l’gufa, which usually means that the end result of the Shabbat violation is not used in a classical, positive way. Since this classification reduces the act to a Rabbinic violation, it is then permitted on Shabbat to relieve significant pain.[9] While it is difficult to understand how the category of melacha she’eina tzricha l’gufa applies in the rulings above,[10] it is hard to dismiss an approach posited by such prominent proponents, and their leniency seems to apply to your case. (Even non-illness needs of a small child, let alone medical situations, are considered equivalent to those of sick adults.[11]) In fact, the Kaf HaChayim[12] writes, based on the above, that a woman may express milk into the ear of someone with a serious earache (assuming it has therapeutic value).
The Tosefet Shabbat,[13] not seeing a melacha she’eina tzricha l’gufa in the above, suggests a different reason for the leniency – expressing milk from a woman in a manner other than nursing is an unusual form of mefarek, and is thus only a Rabbinic prohibition, just as a human “nursing” from a cow is.[14] According to this approach, your case would also be permitted. (The Mishna Berura finds the Tosefet Shabbat’s approach difficult.[15]) Other possible grounds for leniency relate to the small amount of milk that is expressed and that it is being used immediately. These points apply to your case as well.[16]
While each explanation has its weakness, the fact that so many of them permit your case is of great importance.[17]
We have established significant grounds to permit the pediatrician’s suggestion, although it is far from clear cut.[18] Since the eye is an area with regard to which Halacha tends to be lenient at the mildest possibility of danger,[19] and since we are also very careful regarding such a young baby, we would be lenient in this case if there were any medical preference for using mother’s milk as a medical therapy. However, you indicate that the doctor does not really favor the mother’s milk idea over other effective available medicinal alternatives. Therefore, it is halachically preferable – because of doubt and because it is better to avoid the Rabbinic mefarek violation when there are good alternatives – to not use the system of expressing mother’s milk into the eye on Shabbat.
[1]
Extracting a food from within a different type of casing. See Shabbat 95b; Tosafot, Shabbat 135a; Mishna Berura 330:32. Sha’ar HaTziyun cites a minority opinion that extracting milk from a woman is no more than a Rabbinic prohibition.
[2]
Orach Chayim 328:34.
[3]
See Shulchan Aruch, Orach Chayim 330:8, and Mishna Berura 330:32.
[4]
Orach Chayim 328:35.
[5]
Mishna Berura 328:112.
[6]
123, cited by the Beit Yosef, Orach Chayim 328, and (in abridged form) the Rama, Orach Chayim 328:35.
[7]
328:41.
[8]
328:113.
[9]
See Ketubot 60a; Shabbat 107a.
[10]
Since the milk that is extracted is being used; Tosefet Shabbat 328:59. The Kaf HaChayim, Orach Chayim 328:208, explains that the normal use is to collect it in a utensil so that it will be drunk.
[11]
Rama op. cit. 17.
[12]
Orach Chayim 328:209.
[13]
328:59.
[14]
Ketubot 60a.
[15]
Sha’ar HaTziyun 81.
[16]
See Yalkut Yosef, Shabbat IV, p. 319-320 (5764 ed.).
[17]
I have thought of a novel lenient approach that would also apply to this case, but it is not sufficiently developed to share in this forum.
[18]
We have also spoken to poskim whose initial reaction was to not allow it.
[19]
Shulchan Aruch op. cit. 9.