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(Choshen Mishpat #156:7) explains, it is permissible for a person from person is sick with a known illness and it is certain that the climate in
a different city to open a store that sells merchandise for a cheaper this place would harm him and even kill him.
price than the existing stores. We are more concerned for the benefit Perhaps, however, it is prohibited to disregard the advice of a phy-
of the consumer than for the other businesses. sician, even if there is no danger the life, only that his health might
Perhaps there is a difference though. The prohibiton of competing be harmed. The Ran (Shevuos, 10, in the pages of the Rif, s.v. malkin
does not apply to a case where the newcomer’s merchandise is of oto) writes, as follows: Even if one swears to injure oneself, the oath is
poorer quality, because then it is considered to be a different kind of valid because [the prohibition against self-mutilation] is only derived
merchandise. In our case we must be concerned not to cause loss to from an interpretation, but if he swears to kill himself, he is swearing
the businessmen as long as they are not guilty of any transgression. In to violate the actual words of the Torah [so the oath is invalid]. So,
such a case, perhaps a market survey is forbidden. On the other hand, too, in our case: For someone who suffers from high blood pressure
we can permit such a publication, nonetheless, on the basis of the fact to eat salty fish is prohibited by the Torah so the oath is not valid,
that it does not publicize the expensive vendors as wrongdoers, but since the salt is liable to aggravate his condition or even to kill him,
merely informs the public where the merchandise can be purchased Heaven forbid.
for less. Regarding our question, where a man wants to live in a place his
The Chafetz Chaim (Hilchos Rechilus 9:10) writes: if one sees clear- physicians pronounced as being unhealthy for him, there seems to be
ly that someone wants to cheat his friend, for example, by demanding a prohibition against doing so, but because it is not stated explicitly in
six pieces of gold for an item that is worth only five, then he should the Torah but derived from an interpretation, if he swears to live in a
inform him. If he is trying to sell for less than a sixth more than what hot climate, his oath is valid.
the object is worth (He is demanding seven zehuvim for something On the other hand if we look at maseches Bava Kamma 85, it says: If
worth six–and-a- half) (Choshen Mishpat #227:3), perhaps one need the injured party violated the advice of the physician and ate honey or
not inform the buyer, since the seller is not violating any law. other sweet things (which are harmful to an injury) and his gluttony
Based on this halachah, a market survey of different stores may caused his injury to worsen, how could we obligate the person who
cause damage to stores that are not violating any prohibition, but sim- injured him to pay for the medical bills? The Torah says “Only pay
ply not selling for the cheapest price. Perhaps if the survey only states for his loss of time”; he is exempt from paying for the healing. Tosfos,
that a certain item can be purchased in a certain store for a good price, (there, s.v. avar) asks, Why should the Gemara even think that the
without mentioning the other stores, it may be permissible. person who damaged would have to pay? Since the damaged person
Nonetheless, even if we rule that publicizing a market survey is did not follow the physician’s instructions, is it not as if he wounded
permissible, the same does not hold true for rating physicians, for himself? Tosfos answers: “He is not considered to be so negligent.”
several reasons: Tosfos seems to imply that he who violates the physician’s advice is not
While most people are capable of understanding which stores sell considered so negligent and there is no Torah prohibition involved.
the best merchandise for the lowest prices, few are those who can rate Further study is needed as to how this applies to our case.
really accurately the expertise and qualifications of a physician. When In any event, we learn from the words of the Ramban that one
someone is not expert enough to give an accurate rating, he is best off needs two kosher witnesses to testify that these physicians are telling
keeping quiet, as by making a public recommendation he is likely to the truth and not trying to frighten the patient with exaggerations or
transgress many prohibitions: falsehoods. Therefore, when the physician told the husband that his
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