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Moreover, if the physician shows us a list of patients who agreed to 4 (Perhaps we can reject this line of reasoning because the widow’s # 20818
the treatment despite their awareness of the minute chance of danger, intent was only regarding the possibility that two boys would be
one need not question the authenticity of the list. born, which only occurs approximately in one in 240 births, since
Let me explain the words of my father-in-law. there are three types of twins: two girls, one girl and one boy, two
It says in the Shulchan Aruch (Yoreh Deah #39:1): There is no need boys. The Rashba writes that we do not have to consider the odds of
to examine an animal for possible tereifah, except in the case of the this type of birth. Nonetheless, since the Rashba did not write 1/240,
lung. Responsa Devar Shmuel (#266) writes that if one finds that it seems logical that for odds of one in a hundred he would also not
many of the animals in a certain place are rendered tereifah, then one be concerned. On the contrary, his words are: For a twin birth “we
is obligated to examine every slaughtered animal. Responsa Mishkenos are not concerned at all,” which seems to imply that we would not be
Yaakov (Yoreh Deah #17) writes that if 10% of slaughtered animals concerned even if the chances were more than 1/240.)
in a certain place are tereifah, it is called a frequent minority (miut
hamatzui) and one must examine all slaughtered animals. I heard We have been discussing a case where a mistake may lead to damages,
from my father-in-law that 5% is considered an insignificant minority. but not to danger to life. Now, we will deal with a case where there is
Thus, if the physician did not tell the patient that the treatment has a a possibility of danger to life, and we would need to concern ourselves
1% chance of complication, he is not viewed as a sinner. with a much slighter chance of danger.
Responsa Rashba (Part 2 #371) seems to support my father-in-law’s It says in maseches Yoma 84b: When it comes to pikuach nefesh we
view. He writes, as follows: do not follow the majority. Tosfos explains (85a, s.v. ulepikuach) that
the reason for this is because it says in the Torah (Vayikra 18:5): “And
If someone died and left grown sons and a pregnant wife,
and the adult sons came to divide their father’s assets, but you shall live by them [the mitzvos] and not die by them,” implying
the widow prevents them from doing so because perhaps that one should not involve oneself in anything that may cause the
the fetus is a male and entitled to a portion or perhaps death of a Jew. Does this mean we must concern ourselves with even
she has twins in her womb, the law favors the widow… so the slightest chance of danger?
that the brothers cannot divide all the assets, for if they As an example let us discuss a question that was brought before a
do they have violated the law, for if she gives birth to a beis din (Rabbinical Court Rulings, vol. 8, p. 216):
son, he would lose his whole portion … Rather, when the A man attempted to kill his wife and was hospitalized for men-
brothers come to divide the assets, they should appoint a tal illness. She demanded a bill of divorce in a beis din. A physician
legal guardian for the fetus like was done with Rav Nach- testified that the husband had been suffering for three years from
man, so that the fetus will receive its portion… We are not thoughts that his wife would poison him. He had been diagnosed
concerned about the possibility of twins at all, which is a with paranoid schizophrenia and his act was the result of an uncon-
minority of a minority chance. trollable internal drive for which he was not responsible. There had
been no improvement in his condition until now. Although he had
Thus, we do not take into account the possibility that twins will be calmed down, his thoughts continued to plague him. He was just like
born, since the chance is very slight. Today, twins are born in approx- any other man, except for these sick thoughts directed toward his
imately one out of every eighty births. If we do not relate to a 1/80 wife. The doctors have given him the maximum dose of medication
chance, certainly, there is no reason to relate to a 1% chance. allowed, yet cannot determine with certainty that his illness will not
106 1 Medical-HalacHic Responsa of Rav ZilbeRstein Failing to inform a patient of possible risks 2 107
