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him back to court, even four or five times. (In Sefer Sanhedrei Ketanah 6 the sack would have ruined the gift for his father-in-law, he should
it rules “even a hundred times.”) Even if the man calls the Sanhedrin not have considered the loss of the gift as he hastened to save a life.
back into session falsely many times, we take him back, for perhaps The Chelkas Yaakov (Part 2 #143, in the reprint Part 3 #33) writes
this time he is telling the truth. as follows:
One can reject this reasoning in regard to our case. We take the
litigant back to court “only if there is substance in what he is saying.” During the years of persecution of the Jews by the Nazis,
Furthermore, in that case we are going to kill him directly and there- may their name be blotted out, a camp was evacuated due
fore we must try and avoid killing him. In our case, however, we have to the Nazis’ fear of the approaching American armies.
no proof that we have to heed the man’s words and actively call an The remaining Jews in the camp were pressured beyond
ambulance. endurance in their weakened state… A Jew who collapsed
I asked my father-in-law, Rav Y. S. Elyashiv zt”l, this question, and enroute and could not continue was shot on the spot and
he answered me: A man’s wife knows him and his weaknesses very killed. These were called “death marches.” Once in a while,
well. If she thinks that this time is the same as the previous times, the wicked ones would give them a few moments to rest
she is entitled to consider the expense and the bother and not to call on the side of the road. It often occurred that one of these
an ambulance. If an accident occurs, it came from Hashem and she wretched inmates would doze off or fall into a deep sleep
is not at fault. This is not comparable to the case in Sanhedrin, where due to his weakness, and when the command to continue
the convicted man is to be returned to court with each new claim. In marching would come and he would sleep on, the Nazi
that case, each claim is a new one, while here the repeated complaints murderer would immediately kill him without a word. For
are always the same. this reason the wretched inmates would stick together and
If the patient had a new complaint, we would have to pay attention when they would sit down to rest, one would wake up the
to his words. If she was unsure if his words were credible, but because other.
of his repeated complaints, she paid him no heed, then she requires One G-d-fearing man was walking with his younger
atonement. brother. When they sat down, he told his brother to sleep,
Likewise if a physician knows his patient and is convinced that his and that he would make sure to awaken him. As the break
complaints are just like the previous ones, he should not desecrate the lengthened into a full hour, the man himself dozed off as
Shabbos. Perhaps on Yom Kippur he should pay heed to the patient’s well. Suddenly the shouting began: “Move, move.” In his
complaints, because the fast itself may make his condition worse. the confusion, the man ran to the place where his friends
In Responsa Tzemach Tzedek (#53) there is a discussion about a stood. His mind was muddled as he began to march.
married woman who was unfaithful to her husband and gave birth When he remembered his brother, he could not go back
to a child. We allow the child to marry a Jew since we assume the for him because of the danger to his own life. He never saw
child is from her husband, because most of her sexual encounters his brother again and it is clear to him that the Nazis killed
were with her husband (as explained in maseches Sotah 27a). Does him. It is now thirteen years later and he is plagued by
she need atonement as though she had given birth to a mamzer? He guilt, and depressed. He asked his rav whether he requires
answered that even if we do not suspect that the child is a mamzer, atonement. The esteemed Rav’s answer was that he does
she still needs to repent because perhaps she became pregnant from not need atonement and he brings adequate support to his

174 1 Medical-HalacHic Responsa of Rav ZilbeRstein Physician did not respond and patient died 2 167