Is it Wrong to Force Immigrants (legal or illegal) to Vaccinate?

By Rabbi Yair Hoffman for 5tjt.com

The American Civil War (1861 –1865) pitted brother against brother.  The real issue that they fought about was whether to allow or forbid the new territories in the west to become slave states.  The issue under debate was not just an economic one – it was a moral one too.

We now face another moral issue.  New York State, and New York City particularly, has welcomed asylum seekers that have illegally entered into the United States.  A spokesman for Mayor Adams recently announced:

“New York City has cared for more than 61,000 migrants over the last year — sheltering, feeding, and caring for them almost entirely on our own. In recent days, we’ve seen upwards of 500 people arrive each day, and we expect those numbers to grow significantly.. With over 130 emergency sites and eight humanitarian relief centers already opened, we have reached our limit, and this last week we had to resort to temporarily housing recent arrivals in gyms..”

Gov. Kathy Hochul also released a statement,

“I am working very closely with the mayor to identify more sites where we can welcome these individuals..They’re human beings, they deserve to be treated with dignity, but also we’re going to have a capacity issue, so we’re going to be needing to look at other places as well.”

So what are the moral and halachic issues under discussion?

It seems that half of these immigrants have not been vaccinated.  We are not talking about Covid, we are talking about measles, mumps, rubella, polio and whooping cough (a very serious illness that affects babies).  Can we morally force immigrants to vaccinate against these illnesses – in order to lessen the prevalence of illness among ourselves?

In regard to legal immigrants, there is such a thing as an inadmissible alien.   The Immigration and Nationality Act defines an inadmissible alien as 1 of 4 categories.  Someone who:

• Has or has had a physical or mental disorder and associated behavior that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, and which behavior is likely to recur or lead to other harmful behavior.
• Who is determined to be a drug abuser or addict.
• Is determined to have a communicable disease of public health significance;
• Failed to present documentation of having received vaccination against vaccine-preventable diseases.

But this is only for legal immigrants.  As far as the 500 illegal immigrants that are entering New York City each day and the 61,000 illegal ones that entered in 2022 – there is no program or effort in place to ensure that they are vaccinated for these illnesses.

The question is whether we have a moral right to demand that the growing illegal immigrants in our midst be vaccinated?  Also, the 61,000 that entered NYC last year was just a small fraction of what is to come.

As far as the halacha goes, the following is an excerpt from a letter written by Rav Moshe Sternbuch shlita to HaGaon HaRav Malkiel Kotler shlita on vaccinating for measles:

The heart of the issue is apparent from the words of the Maggid Mishna (Shabbos 2:13) and is cited in the Mogain Avrohom 330:3. “Even though not even one in a thousand women in labor pass away during a birth, nonetheless, a woman in labor is considered as a dangerously ill person to violate Shabbos. [It is just that ideally, one should only violate it with a shinui].

OTHER POSKIM THAT CONSIDER 1 in 1000 PIKUACH NEFESH

Similarly, we find regarding prohibitions [where the concept of bitul is for some reason inapplicable], that we are concerned for a very remote possibility – even if it is only one in a thousand (See Rashi, Bava Metziah 6b “Kulam.”). A matter that involves danger is more serious than a matter that involves a prohibition.

If so, regarding matters of life and death – where we do not follow a majority – it is worthwhile to be concerned even for a remote possibility of one in a thousand.

POSKIM THAT CONSIDER 1 in 1000 REMOTE

On the other hand, we do find a number of Poskim [that are of the position] that a one in a thousand possibility does not qualify enough to be a danger upon which one would violate the Shabbos. as the Mogain Avrohom 316:23 has written – that it is forbidden to kill a rodent on Shabbos even when there is a concern that it will fall into the food. For this is a matter that is not common, and he can always cover the food. Also, the chance that it is dangerous in the food is one in a thousand. It is similarly explained in the responsum of Rabbi Akiva Eiger (Vol. I #60) that even if their is substantial pain and agony, and that there is a remote one in a thousand possibility that it will develop into a life-threatening situation or possible life-threatening situation – this is not considered pikuach nefesh. The Chazon Ish zt”l has already warned about this in his letters (Teshuvos and Ksavim #48), that we should not too quickly declare Pikuach Nefesh for every remote possibility – for if so you give a supportive hand to the derelicts – who will constantly find a remote concern in which to violate Shabbos. They will then come to work on Shabbos for purposes of making a living and will say that they are doing so because of Pikuach Nefesh.

RESOLUTION

We must, therefore, distinguish between the situations as follows:

That which the Mogain Avrohom and Rabbi Akiva Eiger have written, that one in a thousand is not considered even a possible Pikuach Nefeshis is in regard to whether we consider the remote one in a thousand chance that it will “enter into a dangerous situation” – as the wording of Rabbi Akiva Eiger indicates – “that it will develop into a life threatening situation.” However, when the danger is clearly present before us – where we have cases of mortality of one in a thousand – like a woman giving birth – it is proper to be concerned for a remote possibility and it is treated like possible Pikuach Nefesh (See further what we have written on this in Teshuvos v’Hanhagos Volume V #399).

APPLICATION TO HERE

If so, here too, where there are before us situations where on account of a failure to vaccinate they arrived at true danger to life it is considered PIKUACH NEFESH to force the parents to vaccinate their children [similarly, even the parents of vaccinated children are permitted to demand that children who are not vaccinated not be allowed to enter the Talmud Torah together with their children, as will be explained later.]

MEASLES CAN DAMAGE LUNGS AND BRAIN

It would further appear that even without a concern of the mortality rate of measles, the doctors testify that measles will at times cause damage to internal organs [where it can cause brain infections and lung infections that cause cause permanent damage to breathing.] I remember that I heard from the Brisker Rav zt”l on that which is explained in the Gemorah, that one must do a hatafas dam bris Metzitzah on Shabbos because without this there is a danger to the child. He was asked how nowadays where it was proven medically that there is no danger or Pikuach Nefesh in leaving out the Metzitzah it should be forbidden on Shabbos. He explained that Pikuach Nefesh also involves long term weaknesses that can cause weaknesses in the future, and here too with a strong attack of measles, this illness can cause damage to the internal organs. At times this will not be noticed immediately, only after several years. On account of this concern, parents have the right to demand that those children who are not vaccinated not study with their own children.

Even though there are some individual doctors who claim that the vaccine can damage the child, since the overwhelming majority of doctors hold that vaccines do not damage at all. We are not to follow the tiny fraction of a minority of doctors who claim that vaccines damage (even though in general in safek pikuach nefesh cases we do not follow the majority in cases of medical opinions as is explained in Shulchan Aruch OC 618:4) because here it is different in that if we follow the minority view, we are endangering others according to the majority view of the doctors. On the other hand, if we follow the view of the majority of doctors, we will be endangering people according to the view of the minority of doctors. In such a situation where on each side there is Pikuach Nefesh, we must certainly follow the majority. For the entire reason not to follow the majority is just in order to save life – and there is no “greater saving” here if we follow the minority view. Thus, the halacha goes back to following the majority like in all other Torah cases where we follow the majority. Therefore it is clear that the father MAY NOT prevent his child from being vaccinated and to cause him to enter a situation that is Pikuach Nefesh according to the majority of medical opinion. Certainly here, where refraining from vaccinating a child causes damage to others. For on account of his not vaccinating his child he is causing the epidemic to spread further not only for his child but for others who can get sick from his child.

It would seem further that the parents of vaccinated children can demand that those children that are not vaccinated not be allowed to enter into schools together with their children. For as it is known this disease is very communicable. The vaccination itself cannot completely prevent the spread of it [there remains a 3 percent chance of infection even after vaccination]. The children that are not vaccinated do not have a right to endanger the vaccinated children and to expose them to the disease – even though the mortal danger to them is remote and minimal, since there is a small chance that they can become sickened by the disease. The parents have the right to demand that their children not be exposed to the illness even with no mortal danger.

We find similar to this in regard to the smoking of cigarettes. There the Halacha is clear that smokers are NOT PERMITTED to smoke cigarettes in a public place since they damage the rest of the public that do not smoke. Even though there are some individuals that claim that smoke does not cause damage, nonetheless, they do not have the right to force the public to follow the minority medical opinion. Here too, since the majority of doctors hold that they should vaccinate, the father is not permitted o force the public to rely on the minority view of doctors that hold not to vaccinate. Rather, the public can demand to fulfill the halachic obligation of Pikuach Nefesh to follow the view of the majority of doctors. It comes out that even the administration of the schools are not obligated to accept a child that did not vaccinate – since it is dangerous [to do so] and against the desires of the parents who are concerned for harm.

And while it is true that perhaps from the perspective of a lofty level of Bitachon a person may be permitted to rely on the Holy One Blessed Be He and not vaccinate (if he is truly on that high level of faith in Hashem in all of his matters), but Bitachon is only in matters that are between him and his Master, but in a place where he is liable to bring others into a state of danger – he is not permitted to endanger others. Rather, he is obligated to function in the manner of the halacha of saving lives. Therefore, the administrations of the schools should conduct themselves in the manner of Torah and they may demand that the students who have not been vaccinated not be admitted into Yeshiva. And even though the Talmud Torah of Tinokos shel Bais Rabban is most serious, for we do not abolish the study of Tashbar even for the building of the Bais HaMikdash – nonetheless, here where there is a concern for danger – even a remote danger – they do not have the right to cause a danger to others. And even though that there is in this a Chilul Hashem – a desecration of the Name for they give power to heretics and derelicts to make fun of Chareidim, for the epidemic is specific to religious communities, and they claim that our religion is not concerned for loss of life – during a time when the opposite is true – that our Holy Torah is concerned for every aspect of Pikuach Nefesh.

In conclusion, since it is proven that vaccines are effective to prevent the spread of disease, it is an obligation upon every father to vaccinate his children to prevent spread of the disease – as is the law of the Torah to follow the majority view of experts. Certainly here, where the view of the overwhelming majority of doctors and the boards of health that one should vaccinate, certainly then the administration of the schools may demand that those children that were not vaccinates not enter into the Talmud Torah.

..His friend who desires his good welfare and who anticipates much Divine mercy, and may he fulfill within us “And I shall remove all illness from within your midst,”

[Rav] Moshe Sternbuch