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WAR HALACHA: “Can IDF Soldiers Move Bodies On Shabbos In Order To Daven?”

HaRav Dinner.

Harav Yehudah Aryeh Dinner, Rav of central Bnei Brak and a renowned posek, was recently asked an interesting shaila by IDF soldiers stationed in Gaza.

“The soldiers said that they’re spending Shabbos on the Gazan border and they’re forbidden from moving to another location over Shabbos,” Rav Dinner said.

“In the area they’re staying, there are many ‘נבלות וטרפות’ scattered around – the bodies of dead terrorists. And there’s a stench from the bodies. They asked if they’re permitted to move dirt with their feet on Shabbos in order to cover the bodies and stop the odor so they can make brachos and daven.”

Rav Dinner explained that the answer to the shaila is “dependent on several things. Are we discussing it from the angle of ‘גרף של רעי’ [a term for a repulsive object such as a chamber pot]? If so, then it’s permissible for them to take the bodies and throw them away – since there’s no kavod hameis regarding these bodies.”

“The debate is regarding: 1. Digging a pit – ‘חופר בור’ and 2. Carrying muktzah – טלטול מוקצה.”

“If we’re discussing carrying muktzah, the Mishnah Berurah permitted doing so with one’s foot l’chatchilah but the Chazon Ish forbade it. So from the din of muktzah, it’s permissible to be meikel according to the Mishnah Berurah.”

“And from the din of ‘חופר בור,’ it’s also muttar as the Gemara says: ‘החופר בור ואינו צריך אלא לעפרה פטור(שזה מלאכה שאינה צריכה לגופה, ופטור) – One who digs a pit but only because he needs the dirt is pattur [d’oraisa] since the pit itself is not needed, only the dirt.”

“And therefore we have two reasons to be matir digging a pit: 1. The pit is unnecessary, only the dirt, and 2. the work is performed with a shinui – since soldiers have boots that they can use to dig a pit [for the dirt], and if so, it involves two d’Rabbanan [with a shinui] – and 1. it’s for the purpose of a mitzvah, and 2. for the purpose of avoiding tza’ar and 3. it’s for the needs of the public [צרכי רבים] – so they can daven there – therefore it’s seemingly muttar – they can cover the neveilas of the bodies of the terrorists with dirt on Shabbos,” HaRav Dinner paskened.

(YWN Israel Desk – Jerusalem)



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