Page 185 - 20818_park-B_efi

20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:02 | SR:-- | Cyan
20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:02 | SR:-- | Black
#20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow
20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta
children hit them in order to educate them and was not sufficient- it would have prevented suspicion aimed at the father, for any father
ly careful, causing loss of life. The Torah scholars of the generation causing his son to be stoned to death would know that he would not
made him swear that he would stop teaching children. Despite this, inherit his son. In our case, however, even if we do not allow the hus-
they absolved him of his oath and returned him to his teaching po- band to inherit his wife, this will not prevent suspicion. People will
sition, since they could not find a teacher as good as he. These are still say that he injected his wife with the deadly potion because he set
novel views. Perhaps one should do the same for an outstandingly eyes on her assets.
6
#
knowledgeable physician? Therefore, since we do not find in halachah that Chazal revoked
However we could differentiate between a teacher and a physician. a murderer’s right to his inheritance, the physician inherits his wife.
The work of the teacher does not involve pikuach nefesh, but rather This is the view of Rav Elyashiv zt”l.
education. When the teacher hit his students in order to educate It says (Shmuel II 14:4-5):
them, he hurt some of them and killed one, and that is why they made
him swear not to teach anymore. When they could not find as good “The woman of Tekoa spoke to the King and fell on her
a teacher, he was returned to his position as they were convinced that face on the ground and prostrated herself and said: Help
such a tragedy would not recur. This is not the case for the physician, O King. And the King said to her: What ails you? And she
who is constantly involved in pikuach nefesh. If he is reckless and does answered: Truthfully, I am a widow and my husband is
not rein himself in with precautionary measures, what good is all his dead and your maidservant had two sons and they fought
knowledge? Therefore, one cannot learn from the case of the teacher together in the field and there was nobody to save one from
to the physician. Only if an additional physician acts as his watchman the other but the one killed the other. And, behold, the
can we consider restoring him to his position, as it says in Hilchos whole family rose against your maidservant and they said:
Shochtim, that it is proper for two to work together, with each one deliver the one who killed his brother so that we can kill
watching the other. him for the life of his brother whom he slew and destroy
the heir as well, and they will extinguish the last ember
 that was left to me and will leave to my husband neither
name nor reminder on the face of the earth. And the King
said: go to your house and I will command about you.”

A volunteer killed someone unintentionally – The Radak explains the words “destroy the heir as well” as meaning
does he have to go into exile? “just as the first heir died.” “And will leave to my husband neither
name nor reminder on the face of the earth” means that the family
1 Question members want to destroy my husband’s heirs so they can inherit his
assets. They have no right to kill him, even though he killed his broth-
A physician looked out his window and saw a wounded person lying er, because they were not there. As it says, “And there was nobody to
on the ground. He came over to help him and unintentionally killed rescue them from each other.” And my son’s fate is not in their hands;
him. Is he guilty in the eyes of the Heavenly Court, as is written in it is given over Heaven and not to a beis din. Although there is room
Shulchan Aruch, that a physician who causes damage is exempt in a to say that the relatives here are the avengers of blood (go’alei hadam),
human court, but held accountable by a Heavenly Court? and since they are angry they will not go by the ruling of a beis din, the

162 1 Medical-HalacHic Responsa of Rav ZilbeRstein Physician shortened his wife’s life 2 179

#20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:01 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:01 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:01 | SR:-- | Black #