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recur. The hospital administration wants to grant him more freedom one cannot force him in this case, because it is not certain that after #
gradually until he will finally be discharged. the surgery he will find his predestined bride.
The doctor was asked: If the wife would change her attitude and This is based on what the Meshech Chochmah says (Shemos 24:3):
treat him with patience, would this be of benefit to his illness? He
answered that there is no guarantee that this is what would happen. The law about forcing someone to do mitzvos stems from
Based on his words, the woman demanded a divorce. the principle that “All Jews are responsible for each other.”
The beis din (headed by Rabbi Zevulun Gross, zt”l, Av Beis Din (Shevuos 39a) in other words, since if one Jew sins he is
in Rechovot) determined that since there is a certain chance that the hurting everyone else, a beis din can force him to perform
illness will recur and since we do not follow the law of the majority, in mitzvos. Otherwise, it would not be proper to get involved
cases of danger to life, she cannot live with her husband. As it states in another Jew’s dealings with his Master. That is why we
in Shulchan Aruch (Even Haezer #154:9), if it is known that she is not do not coerce other nations to become converts to Juda-
allowed to be with her husband because of danger to her life, one ism, but we do force them to abide by the seven Noahide
forces the man to divorce his wife. laws, which they are obligated to fulfill from the Torah.
We need to deal with several matters here:
Therefore, in a case like this, where even if he has the cosmetic sur-
1. If the woman agrees to live with her husband, is she permitted gery, it is still not certain that he will be able to fulfill the mitzvah of
to do so? marriage and procreation, we do not force him to undergo the surgery.
2. If medical studies were to show that there is a one-in-a-thou- Therefore one should inform the patient of the possible dangers of 20818_efi-ab - 20818_efi-ab | 4 - B | 18-08-20 | 13:29:01 | SR:-- | Magenta #20818_efi-ab - 20818_efi-ab | 4 - B | 18-08-20 | 13:29:01 | SR:-- | Yellow 20
sand chance of recurrence of the illness, can he still be forced to treatment. However, the Ramban writes (Toras Ha’adam, Shaar Ham-
divorce his wife? eichush, Inyan Hasakanah), “For any medical treatments, there is only
the possibility (not surety) of danger - that which heals one person
One can answer according to what is written in Responsa Divrei may cause the death of another.” In other words, there is a specific
Malkiel (Part 5 #35):
possibility of danger in every treatment. Since not every patient may
If a someone is compelling a person to commit a trans- be aware of this, it is up to the physician to inform him of the possible
gression, otherwise he will kill him, one is permitted to be complications from the treatment.
strict on this matter and not transgress, because there is We still need to determine the halachah if there was only a 1%
only a chance of danger; this is not considered to be sui- chance of danger and the physician did not inform the patient as
cide, for we see that if someone crosses an ocean he needs such. Is the physician responsible to pay for any damages that may
to recite the bracha of hagomel. As explained in maseches occur? I asked my father-in-law, Rav Y. S. Elyashiv, and he answered
Berachos (54b), this is because danger is common at sea. that a 1% chance is a very remote possibility, and one need not be
Nevertheless, one is certainly permitted to cross an ocean concerned about it. Therefore, according to Torah law, one cannot ob-
and is not considered as one who is committing suicide. ligate a physician to pay for damages if he did not inform the patient
And if one has to go into the sea to fulfill a mitzvah, one is about a 1% chance of danger. One does not hesitate about accepting
obligated to do so. It is forbidden for him to refrain from a certain medical treatment if the danger of complication is only 1%.
doing so because of the possibility of danger. In other Therefore, the patient is not believed if he says: Had I known, I would
words, it is permissible to enter a situation where danger is have opposed it.
108 1 Medical-HalacHic Responsa of Rav ZilbeRstein Failing to inform a patient of possible risks 2 105
