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off if he would move. By threatening him in this way, they got the key #
to the cash box, took the money, and left.
Obviously, they are obligated to return the money. The question is:
if a person prevents a fellowman from working by frightening him in
a similar way, does he have to pay (for his lack of employment)?
58 SICK LEAVE DUE TO 1 AnsweR

POSSIBILITY OF COLLAPSE

This scenario very possibly resembles what is explained in maseches
Bava Kamma (56a): He who frightens his fellow is exempt in a hu-
man court but liable in a Heavenly Court. We have to explain what it
means to be liable in a Heavenly Court. Does it mean that according to
1 Question Heaven, he is obligated to pay, or that he will be punished by Heaven
but does not have to pay? Rashi in maseches Gittin (53a) writes: “Liable
After giving birth to her seventh child, while she was still nursing and in Heaven” means that Heaven punishes the wicked whose intent was
weak from the birth, a woman went through a difficult time due to to make Jews lose money. From this it does not seem that Heaven
illness of a family member, who subsequently passed away. This took requires him to pay, but rather that punishments will befall him. 20818_efi-ab - 20818_efi-ab | 10 - B | 18-08-20 | 13:29:02 | SR:-- | Magenta
an emotional toll on her, causing lack of sleep and great mental stress. However the Chazon Ish (Choshen Mishpat 5:4) writes that the law is #20818_efi-ab - 20818_efi-ab | 10 - B | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 10 - B | 18-08-20 | 13:29:02 | SR:-- | Black 20818_efi-ab - 20818_efi-ab | 10
Fearing she would collapse from exhaustion, she asked me, as her not like Rashi explained it, but that according to the laws of Heaven
physician, to write a note enabling her to take paid sick days off from the damager is required to pay (see also Meiri, ibid., and more). Thus,
work. The principal of the school where the patient was employed as the simple explanation of Rashi implies that these underground men’s
a teacher testified that she had a very difficult class as well. fate is given over to Heaven, while according to the Chazon Ish they
Am I permitted to grant her sick leave so that she can regain her would be obligated to pay for frightening the manager.
strength? Perhaps, since she has no objective medical signs of illness, From here we can infer that the physician who frightened the pa-
one is not permitted to issue such a statement? tient into staying in the hospital unnecessarily for a week would be
obligated by the Heavenly Court to pay the patient for his missed
work. But if the patient needed to be hospitalized, and the physician
1 AnsweR merely added a few days to the necessary time, it is considered grama.
And even if the first case is not grama, it is grama in the second case.
The Maharil Diskin gave a messenger money from the Diskin Or-
phan’s Fund to buy mezuzos and affix them on houses that do not If the physician instructed that a mentally ill patient be put in a
have them. When he was asked how he allowed himself to use money closed ward, knowing this was not necessary, the physician is viewed
slated for orphans to fulfill another mitzvah, he answered: The mitz- as one who directly damaged another. In this case, even according
vah of mezuzah gives one long life (as explained in maseches Kiddushin to the Shach, he is viewed as a direct damager and has to pay for the
34a). If a person who has no mezuzah on his door would die, it would damage.
clearly be permissible to feed and care for his children from the Diskin 

300 1 Medical-HalacHic Responsa of Rav ZilbeRstein Prolonging hospitalization 2 297