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come to their aid? Why did He have to split the sea for them and Halachically, we need not concern ourselves with fear of these dan- 4
drown Pharaoh and all his army? gers. The author of the sefer was extra stringent in ensuring that we
The Chasam Sofer answers that it would not have been morally cor- don’t come upon even a one in a thousand chance of danger.
rect for the Jews to wage war against the Egyptians with the swords According to this view, a physician who fails to notify the patient
in their hands, because Egypt hosted them. As Hashem commanded of the one-in-a-thousand chance of danger from the treatment is
“Do not feel aversion to the Egyptian, for you were a stranger in his exempt from paying for damages, because according to halachah we
land...” That is why the Holy One, blessed be He, instructed the Jews do not concern ourselves with such a rare chance of danger. This is es-
to walk through the split sea onto dry land, and the waters split, and pecially true in our case of the plastic surgeon, who treated a woman
the Jews did not themselves wage war against them. And so, although in order to enhance her appearance, which is a mitzvah. The damage
the Jews came out from Egypt armed for war, war was not an option that unintentionally resulted from the treatment is included in the
at all, even though it was a situation of danger to life. Since waging Rabbinic decree to exempt the physician who errs, as explained in
war would contradict the moral principle of gratitude, one should Shulchan Aruch (Yoreh Deah #336).
rather die than be kofer batovah. Regarding the mentally ill husband, if the chance of his illness
Although the Egyptians harmed the Jews a lot more than they recurring is one in a thousand we do not force him to divorce his
helped them, for the little benefit and pleasure the Jews got from wife. However if the chances of a relapse are greater, and his wife
them it was forbidden to wage war against them. All the more so is nonetheless agrees to live with him, then to what degree is she al-
one obligated to forgo money in order not to be ungrateful. lowed to endanger herself by living with a paranoid schizophrenic?
However, we can differentiate between the situations. The Egyp- According to the Imrei Eish, she is permitted to place herself in up to a
tians hosted the Jews, and although they also tortured them cruelly, 16% chance of danger. This is a great chiddush. Clearly, however, if the
the bad they did does not erase the good. The physician, on the other chance of danger is similar to that which a hunter or someone who
hand, only intended to do good. What he actually did was only bad. sails on a ship places himself, she is permitted to do so.
Therefore, we cannot compare this situation to the Egyptians, to There is likely no exact percent of danger, but rather each case has
whom we owe thanks. to be examined separately, as we will see below.
Nonetheless, if the patient feels grateful despite all that happened A beautiful novel interpretation was written in a legal ruling by
to him as a result of the surgeon’s actions, he would not be viewed as Rabbi Zevulun Graz, zt”l (Rabbinical Court Rulings, vol. 8, p. 222).
a fool if he does not publicize the physician’s shame, and forgoes the He writes as follows:
lawsuit.
In the responsum of Avkas Rochel (#213) he cites a respon-
1 SuMMaRy and Conclusions sum of the Radvaz that says that a double doubt (sefeik
sefeika) in the face of danger is prohibited. This is in light
A surgeon who erred and operated on a patient based on the data of of what the Ramban wrote (Chullin 8) that although usu-
another patient is guilty in according to Heavenly Law, for he sinned. ally a safek tumah (possible impurity) in the public domain
There is no obligation of hakaras hatov to him. Nevertheless, if the is tahor (ritually pure), when it comes to terumah and ko-
patient is good-hearted and feels grateful to the physician, he is not dashim (sanctified foods), which one must guard carefully,
considered a fool if he forgoes compensation from the physician. even a safek tumah in the public domain is rendered tameh

102 1 Medical-HalacHic Responsa of Rav ZilbeRstein Failing to inform a patient of possible risks 2 111