A Physicians Prayer: Tefilla Responsibility During a Shift
As the war in Israel ensues, our nation has taken action to strengthen our spirituality. A lot of us have turned to strengthening our davening. As a medical professional, a question arises if one is obligated to daven during a long shift that lasts the zman tefilla. As Jewish medical professionals, we are constantly practicing the mitzvah of refuah during these shifts. Does the concept of ‘HaOsek b’Mitzva Patur Min HaMitzva’ exempt healthcare workers while they are on their shift?
In Masechtes Sukkah and Brachos (Sukkah, 25a, Brachos, 16a), we learn from the pasuk of “b’Shivtecha b’Veisecha uv’Lechtecha vaDerech” that the mitzvah of kriyas shema is only an obligation when it's on one’s own time, and not during the performance of another mitzva. The Gemara continues and states that the idea behind Pesach Sheini was so that a person can become tamei and do the mitzvah of ‘meis mitzvah.’ These two Gemaras are the underlying source for the concept of ‘HaOsek b’Mitzva Patur Min HaMitzva.’
Based on this concept, the following braisa states:
R’ Chananya ben Akavya said: Those who write Sefarim [Sifrei Torah], Tefillin or Mezuzos – they, or their wholesalers, or retailers, and all those who are involved in the work of Heaven, including those who sell Techeiles – are all exempt from the Mitzva of Krias Shema, from Tefila, Tefillin, or any of the Mitzvos of the Torah. This fulfills the view of R’ Yosi haGelili, for R’ Yosi haGelili said: HaOsek b’Mitzva Patur Min haMitzva.
The Braisa even adds that one who is doing an act of preparing for the mitzvah is also exempt from other mitzvos. Rishonim and Achronim discuss many areas of this concept and where it applies. Two main discussions apply to the case of a medical professional being exempted from tefilla during their shift. Firstly, does the law of HaOsek b’Mitzva Patur Min haMitzva apply when the performance of the first Mitzva does not prevent a person from performing another Mitzva simultaneously? This is a dispute in the Rishonim. The Ran and other Rishonim say he is exempt, Tosfos and Rosh say he is not. Secondly, does the law of HaOsek b’Mitzva Patur Min haMitzva apply when a person’s motive is to earn a living rather than to perform a Mitzva? As mentioned in the braisa, can someone who sells sefarim and similar items for profit?
The Shulchan Aruch (O.C. 38:8) rules, like the braisa, saying that everyone who is involved in the process of selling and making sefarim, tefillin, or mezuzos is exempt from laying tefillin all day aside from the time of Kriyas Shema and Tefilla.
The Rema comments:
But if they need to perform their work during the time for Krias Shema or Tefila, then they are exempt from Krias Shema, Tefila and Tefillin. Anybody who is occupied in a Mitzva is exempt from another Mitzva if it would require an effort to perform it [which would detract from the first Mitzva]. But if a person is able to perform both Mitzvos at once without an effort, he should perform them both.
The Poskim agree to the second of these two conclusions, but the first one is subject to dispute. The Magen Avraham (ibid. 8) argues on the Rema. He quotes Rashi from the Braisa, limiting the word ‘retailers’ to mean those who sell and provide to people for those who actually need to fulfill the mitzvah. Based on a Gemara in Nedarim (33a), the Magen Avraham qualifies this to mean that one can still have financial gain as long as he is performing it for the mitzvah.
The Mishna Berura (ibid. 24) follows the Magen Avraham’s reasoning. Therefore, the law of HaOsek b’Mitzva Patur Min haMitzva only applies to a person who is motivated to fulfill the mitzvah itself, and the financial gain is secondary. Therefore, this would conclude that medical personnel would not be exempt from Tefila during their shifts, as their performance of the Mitzva of Refua is their job.
Rav Asher Weiss rules that one is obligated to daven during one's shift. He rules off a Birchei Yosef who says that HaOsek b’Mitzva Patur Min haMitzva can not apply to someone who is occupied with one mitzvah. Therefore, a medical professional would indeed be obligated to pray during one’s shift. However, if patient care is longer than expected and there is no free moment, then one would be exempt from tefillah.
As medical professionals, we all need to strike a balance in our lives and asses our own spiritual responsibilities. One should find time to daven without sacrificing one’s patient needs. One is even permitted to pray in a place where one is readily available on call to help a patient with urgent matters.