Page 331 - 20818_park-B_efi
P. 331

20818_efi-ab - 20818_efi-ab | 11 - B | 18-08-20 | 13:29:04 | SR:-- | Cyan
 20818_efi-ab - 20818_efi-ab | 11 - B | 18-08-20 | 13:29:04 | SR:-- | Black
 #20818_efi-ab - 20818_efi-ab | 11 - B | 18-08-20 | 13:29:04 | SR:-- | Yellow
 20818_efi-ab - 20818_efi-ab | 11 - B | 18-08-20 | 13:29:04 | SR:-- | Magenta
 #
 #
 #20818_efi-ab - 20818_efi-ab | 11 - B | 18-08-20 | 13:29:04 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 11 - B | 18-08-20 | 13:29:04 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 11 - B | 18-08-20 | 13:29:04 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 11 - B | 18-08-20 | 13:29:04 | SR:-- | Black
 The man began to deny the charges, until they asked him to give her   sick. If he can swim in the seas, he is obligated to swim in a river to
 a bill of divorce. Then he admitted that he was the woman’s husband   rescue someone who is drowning. But a person is not obligated to
 and divorced her. As he left, he said he was not really the husband of   learn how to swim and to heal the sick so that if the occasion presents
 the woman.   itself to save a drowning person or to heal the sick he will be able to
 He then came to the town of Przemyśl¸ where another agunah   save or heal.
 woman recognized him as her husband, and all the people of Przemy-  According to this, we can understand why Rav Yochanan’s oath is
 śl recognized him as being from the same community, son of so-and-  not considered an oath made to violate a mitzvah. Since there is no
 so and married to the woman. The man also admitted he was from   obligation to learn medicine in order heal the sick, the mitzvah only
 Przemyśl and that he had “divorced” the woman in the city of Fin for   applies to those who have the knowledge to do so.
 the money he received for the divorce. The Rav Hagaon of Przemyśl   According to this, we can also explain the sugya in maseches Shab-
 wrote, with his beis din, that the woman from Fin was halachically   bos (133b) where it is related that Rava did not reveal to the public
 considered a married woman because she had received the divorce   how to heal lesions that develop on the skin of the face. Since there is
 from the wrong man. Nonetheless, the people of both towns, Fin and   no mitzvah to publicize remedies in order to help should the need be-
 Przemyśl, insisted they had recognized him with certainty as the man   come necessary, Rava left this to the physicians, so as not to impinge
 from their town. The Torah scholars contemplated the the status of   on their livelihood (as explained in Sefer Chinuch Beis Yitzchak (#34)).
 the two women…”                      
 The Noda Biyehudah writes at the end of his responsum that we
 can negate with certainty the possibility that there are two men who
 look exactly alike. He writes that “it is difficult to say,” that when the
 Sages said (maseches Sanhedrin 37a) that the Holy One, blessed be   Swearing falsely in order to calm a patient
 He, does not create two people with the same seal, this only applies   1
 most of the time. Furthermore, he continues, why do witnesses whose   Question
 testimony was disproven get flogged if an allegedly murdered person   A cancer patient asked his physician to reveal to him the whole truth
 shows up alive (maseches Bava Kamma 74b)? Why do we not assume   about his illness. The physician lied in order to calm the patient and
 that they saw someone else, who resembles him exactly? The answer is   prevent him from getting depressed. He told him that he is suffering
 because it is altogether impossible that two people look exactly alike.  from a stomach ailment and not from cancer. The patient wanted the
 There was a similar case of two identical sisters (cited in a midrash,   physician to swear. Is the physician permitted to do so?
 Bamidbar Rabbah, Parsha 9). In that case, the kohen did not think
 for a moment that he was giving the sotah waters to the rebellious   1
 woman’s sister, and the husband was not obligated to check whether   AnsweR
 this was truly his wife. Nonetheless, had they looked into it, they   It says in maseches Nedarim (27b): One can make a vow to murderers
 would certainly have discovered some slight difference between the   and tax collectors saying [the produce in his possession belongs to]
 two women.    “the House of the King,” even if it is not from the House of the King.
 But here, in this case, the people of Przemyśl and the people of Fin   The Gemara explains that this applies to murderous robbers who de-
 each maintained that the man was from their town, even after they   mand people’s money and produce, and the Mishnah allows the owner




 336   1  Medical-HalacHic Responsa of Rav ZilbeRstein  Is a doctor obligated to report deficient vision?  2   325
   326   327   328   329   330   331   332   333   334   335   336