The statements analyzed previously are in line with the general tendency of rabbinical leadership, to control and define the life of the individual, and to create public norms to which all will be committed. While this approach is understood and perhaps even laudable when applied to a specific institution, such as a school or a congregation, history has proven that attempting to apply it to the whole nation, or to what is called today orthodox Judaism, results in the continuous shrinking of that contingency.
Even among those who remain within the fold and continue to lead an observant lifestyle, there is a growing sense of discontent and a perception of that lifestyle as burdensome.
What we should expect of our poskim and religious leaders is honesty and transparency on Halakhic issues. Instead of baseless prohibitions and regulations, which they believe are necessary to maintain the character of the observant community, they should inform the public of the full gamut of Halakhic possibilities, and trust the judgment of their constituents. I have mentioned in the past the example of using electricity on Yom Tov. Sephardic rabbis, including my grandfather Hakham Shaul Fetaya, have allowed it, and my family has always followed their ruling. It never occurred to anyone in my family to turn on the TV on Yom Tov, even though lights were turned on and off, and electric appliances were merrily humming in the kitchen. On the other hand, I know hundreds of people who used to be religious but were turned off by the continuous stream of prohibitions and restrictions which were imposed on them without giving them a choice.
From my experience, when a rabbi lays out the possibilities within Halakha, and advises people to choose according to their ability, engagement, and stage in life, they will own the choice they make and will be committed to it, leading to a better relationship with God, Judaism, and their families.
Let us now look at the practical aspects of using an autonomous car on Shabbat, starting with the technology which is already widely available and used - voice recognition. Talking to Siri, Alexa, Echo, and their cousins on Shabbat, involves the indirect use of electricity, commanding a non-observant entity to perform a task, and using a sound system. When all these are combined, the action cannot be rendered forbidden on Shabbat.
As I have previously explained in my discussion of asking a non-Jew to perform a task on Shabbat, there is no biblical prohibition against it. The rabbis created the prohibition to prevent people from running their business as usual on Shabbat. The rabbis made exceptions, among them indirect request to perform a rabbinically forbidden task, and direct requests when the purpose is to enjoy Shabbat or prevent suffering on Shabbat.
The use of electricity on Shabbat has been defined by many great scholars as a biblical prohibition, but Rabbi Moshe Levi in Menuhat Ahava, and rabbi David Chelouche in Hemda Genuzah, have proven beyond doubt that there is no way to rank prohibition above a rabbinical one.
Using a microphone on Shabbat is widely perceived as forbidden, but this is a result of modern rabbis' decision to distance themselves of what they considered an emblem of nonorthodox synagogues. Rabbi Yosef Messas rules unequivocally that one can use a microphone on Shabbat. As a matter of fact, all orthodox Jews accept the use of microphone on Shabbat, only not publicly. I am referring to hearing devices, which, at least in their initial stage, were nothing more than an amplification system. No one ever argued that an orthodox Jew should not speak with one who is using hearing aids on Shabbat.
The conclusion, from a purely halakhic point of view, is that there is nothing inherently forbidden in talking with your AI devices and asking them to perform tasks on Shabbat. That ruling will apply to autonomous cars as well, when the technology will be globally adopted. This is not to say that everyone will or should use autonomous cars on Shabbat, but rather that the possibility exists. There will be those who will acknowledge that it is permissible but will decide to refrain from using the technology, there will be those who will adhere to their belief that it is forbidden and who will label those who use it as transgressors or heretics, and there will be many hues and nuances in between, with varying levels of public exposure.
The discussion of autonomous vehicles is still largely theoretical, but AI devices have been around for a while and they are getting better and better. Those who know observant communities can attest that among millennials and digital natives, the use of these devices on Shabbat is constantly growing, though away from the public eye, and it is up to the rabbis to decide whether they want to acknowledge the situation. Instead of creating new prohibitions, it would be advisable to start focusing in creating a wholesome, exciting, and engaging Shabbat experience, in which people will not feel a need or an urge to use this kind of technology on Shabbat.
Rabbi Haim Ovadia
