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something is normal, and on the basis of his words he knowingly brought a sick, blind and retarded child into the world,
declared an animal kosher (for example, if an animal’s lung one whose condition is much worse than someone suffering from
became red and a shochet told the rav that if the animal Hunter disease, will certainly be condemned by the secular court. But
eats beets, that is normal, but in actuality the animal had this is unacceptable.
a wound on its side and was tereifah (see in Rama, Yoreh To broaden the question some more, if we use our own intellect to
Deah #38:4), and they salted it together with other kosher decide who is better off being alive and who would have been better
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meat and then learned that the animal was a tereifah… it off not being born, the implications are many. A child born to im-
would seem that he is obligated to pay… perhaps, in any poverished parents of poor intelligence is likely to inherit his parents’
event, the damage is not necessarily done immediately, poor intelligence and dire financial status. His is likely to live his
because it is not clear that they will salt it together with entire life in anguish and in poverty. Perhaps he should also sue his
kosher meat… it seems nonetheless that it is like immedi- parents or have them arrested and put in handcuffs for the injustice
ate damage. The matter needs more study. they did to him when they brought him into this world?
It is a short, slippery slope from this mode of thinking to ancient
From the words of Kesef Hakodashim it seems that even if they salted Spartan philosophy. This was the basic philosophy of the Nazis, our
it together with kosher meat, the matter still needs more study. But, worst enemies ever.
in our case, where the eye doctor wrote a wrong prescription, it is as Let us take a look at the history of our people. The Jewish People
if he damaged with his hands (directly), because it was for a correct has endured pain, poverty, and decrees of forced conversion. Halachah
prescription that he was paid and they relied on his examination, so rules (Yevamos 47a) that if a man, at this time, wants to convert to
he has to pay, and especially if he conducted the examination when Judaism, he should be addressed as follows: What reason do you have
he was tired. for becoming a ger? Do you not know that Israel at the present time
is persecuted and suppressed, despised, harassed and overcome by
It says in the Shulchan Aruch (Choshen Mishpat #25:1): If a judge
who judges monetary cases makes a mistake based on a well-known afflictions? According to this, any Jewish child can sue his parents for
law, such as those discussed in the Mishnah or the Gemara or in the bringing him into the world to suffer and possibly be killed for his
faith. As described in the Kinos of Tisha B’av, during the destruction
words of the poskim, his ruling is nullified and the case is heard again of the Temple streams of blood flowed from the children, women,
according to halachah. If it is not possible to re-try the case, such as and babies that were slaughtered.
if he ruled that the animal is tereifah and fed it to the dogs, the judge
is exempt from paying for the damages, since his intent was not to Amram and his daughter Miriam argued about this, as recorded
damage. Other poskim disagree. in maseches Sotah 12a, on the verse (Shemos 2:1): “And there was a man
from the house of Levi who went and took as a wife a daughter of
The Ketzos Hachoshen (ibid., 6) says: Nowadays according to Levi.” Where did he go, asks the Gemara. Rav Yehuda bar Zevina
the Baal Hama’or who exempts a judge from payment for damages said: He went to act on the advice of his daughter. Amram was the
since he is “forced” into the situation, it is likely that a judge would greatest man of that generation. When Pharaoh decreed that “Every
be obligated to pay for his errors. This is because it has become the son that is born you shall cast into the Nile” (Shemos 2:2), Amram
widespread custom to pay a dayan for his work. Thus he is now like said: We are working for nothing. So he went and divorced his wife.
an expert slaughterer who made the animal into a tereifah. He is ob- As a result, all the Jews divorced their wives. His daughter said to

52 1 Medical-HalacHic Responsa of Rav ZilbeRstein Erroneous genetic advice 2 33

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