When there's a Fire on Shabbos

#807: When there’s a Fire on Shabbos

One of the thirty-nine melachos (forbidden work) on Shabbos is the issur (prohibition) of mechabeh (extinguishing a fire). However, in the event that a house fire causes sakanas nefashos (danger to life), there is a clear heter (leniency) to put out the fire: we are enjoined to violate the Shabbos to save lives.

What Not to Do

What action may be taken if a fire erupts in the home on Shabbos? In a situation where there is no risk of sakanas nefashos and all residents (and nearby neighbors) can be safely evacuated, a Jew may not extinguish the fire me'ikar hadin (according to the letter of the law), nor may they directly ask a non-Jew to do so.

It is permissible, however, to call out within earshot of non-Jews, "Kol hamechabeh eino mafsid" (whoever extinguishes [the fire] will not lose out i.e., will be rewarded), including going so far as to call them over to the premises if they are not in the area. But asking outright for help is prohibited, since the homeowner may be overcome and begin assisting the firefighting efforts personally. Likewise, it is forbidden to move possessions from a burning home to safety*—even in situations where an eruv exists– since "Adam bahul al mamono" (a person panics over [the loss of] his property), and if it is permitted to reenter to save their possessions, they may yet attempt to extinguish the fire themselves. These restrictions apply even if the whole house is in peril.

What to Do

If caught in the early stages, a Jew may contain the fire themselves in a way of grama (indirectly) by pouring water around the fire, and when the fire reaches the water, it will extinguish itself (see Halachah # 149 for details). Although there is a restriction on carrying out possessions, saving food and tableware that are needed for the three Shabbos seudos (meals) is allowed (or more if it is all in a single vessel), as long as they are only carried in a place where carrying is permissible on Shabbos. Others can also be recruited save the amount needed for themselves. As much clothing as can be worn on the person can be brought out (and others can likewise overdress in this manner) and this can be done repeatedly to save as much as possible.

Law and Leniency

Poskim say, however, that the common practice today is to be lenient regarding putting out house fires on Shabbos. Early authorities expound on how, in their era, the eruption of a fire would almost always involve sakanas nefashos—non-Jewish neighbors would take advantage of Shabbos restrictions to grab all for themselves, which would further provide opportunity to incite violence or murder. In this specific situation, it is permissible for a Jew to extinguish the fire, even if it erupted in a nearby non-Jewish home if there is fear that it will spread to their home. This heter does not include other melachos or any issurim d’Rabbanan (Rabbinic restrictions). Even in the days when these circumstances were of particular concern, poskim caution “hakol l’fee ha’inyan”, (all is based on [current] context) and not to take this as a blanket heter. If it is clear that there is no concern of sakanas nefashos from nearby non-Jewish neighbors, a Jew may not extinguish or even ask non-Jews to extinguish the fire based on this leniency.

An Arguable Allowance

A person living in the current era of police enforcement and friendly neighborhoods still has situational heterim. One suggested reason for leniency is the consideration that kisvei hakodesh (holy manuscripts) would be destroyed in the fire, and a Jew is allowed to ask a non-Jew directly to extinguish the fire if there is no other way to save them. Accordingly, a creative heter has been suggested: we have mezuzos affixed semi-permanently with screws or nails to all our doorways that we may not remove on Shabbos, permitting us to call a non-Jew to extinguish the fire in order to save the mezuzos.

Communal Contact and Combustibles

This isn't a completely satisfactory reasoning, since nowadays we are lenient in phoning the fire department on Shabbos, and even directly extinguishing the fire ourselves. What's the reason for this all-around heter which exists only based on the concern of sakanos nefashos?

Contemporary poskim offer the following explanation: Jews today live in increasingly urban areas, where houses are built in close proximity or may even be attached to each other. A single building often has many floors with dozens of occupants (or more). This population concentration can include the elderly, the sick or infirm and infants, as well as even healthy neighbors who may be asleep, and there may not be enough time to warn them all before the fire spreads. There are pedestrians, sometimes in large groups, who would be similarly at risk on through-streets. In addition, our homes are electrically wired and heated by gas lines (or large propane or oil tanks), which can easily explode in a house fire and cause much danger to life. These are some of the many reasons for halachic leniency; we make sure to extinguish a fire as soon as we can, unless we can contain it in its initial stages in a way of grama.

* There are differing opinions among poskim, whether this also applies to removing items to a courtyard of the same home or a neighboring, connected building or only off premises (all within an eruv). Residents of nearby homes where the fire may eventually spread may remove their possessions within an eruv without restriction.

https://halacha2go.com?number=807

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.