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If one shows a dinar to a moneychanger and he says it is a good coin 2 majority. If most are righteous people, they are all judged to life. If so,
and it turns out to be bad, if the moneychanger was paid to evaluate because of this child with Hunter syndrome, or the patient whose
the coin, he is obligated to pay for his mistake, even though he is an head is crushed, they will all merit to live, since he is a completely
expert and does not necessarily need to learn more about his trade. righteous person. So we see that many times Hashem gives life even
If he is not an expert, however, he is obligated to pay, although he to those who do not deserve it, in the merit of the sick or the defective
evaluated the coin free of charge. child in their family, whom they cared for with devotion.
The Shach (ibid., 306:11) writes: And the Maharshal rules as does
Iyov consoled all troubled people. When a blind man would come
the Rashba, that if a certified expert is paid for his services and errs, to him, he would tell him, “If you were to build a house would you
he is exempt. It seems to me that these words refer to a human court, not want windows that open? So, too, in the future, the Holy One,
but in the eyes of the Heavenly Court, he is obligated to pay. More- Blessed be He, will be praised through you, as it says (Yeshayahu 35:5):
over, we have to define who is an “expert.” In Sanhedrin 5a it states:
A renowned expert (mumcheh lerabbim) can judge even by himself “Then the eyes of the blind will open” (Yalkut Shimoni, Iyov 4, #897).
(without two other colleagues). The Rambam (Hilchos Sanhedrin 2:11) In other words, Iyov consoled people with the assertion that every
and the Shulchan Aruch (Choshen Mishpat #3:2) define an expert simi- builder wants to open windows in his building. Certainly Hashem
larly. The Rosh (Sanhedrin, Ch. 1:2) says: “An expert judge is tested like wants to open your eyes, but He does not do so and this is for your
an expert amulet” (Shabbos 60a), which has been used and found to good - so you can rectify your past sins. And if you justify Hashem’s
be beneficial. And he adds in the name of Rav Sherira Gaon: “A single judgment and recognize that it is for your own good that you are
expert judge is as important as Rav Nachman was in his generation; blind, Hashem will be praised through you.
he is an expert in Mishnah, Gemara, and his reasoning is sound, and A daughter of the Vilna Gaon died before her marriage. A few
he studied Torah law for many years, and he was tested a number days later, his mother appeared to him in a dream and said to him:
of times and did not err. The Ran defines him (Sanhedrin 5) as, “a If you would have known what you merited for accepting Hashem’s
Torah scholar expert in Torah laws and known to many.” The Perish- judgment, you would have danced at your daughter’s funeral with
ah (Choshen Mishpat #306:3) defines an “expert” as one who “knows
how to intellectually grapple with topics he did not learn and never tremendous feeling, more so than at your daughter’s wedding. Rabbi
heard about, and who can find the similarity between one thing and S. Bloch brings a midrash (Bereishis Rabbah, 20:7) that describes four
another.” primary desires. The Gaon of Vilna taught us, he writes, that there is
We can learn from these definitions of an expert judge that an “ex- one more desire: When a person is taken to his eternal rest and he
pert physician” is an experienced one whose judgment has been tested sees how many merits he could have attained in this world, he has the
many times and he did not err, and one who can deal well with topics desire to come down again, and is prepared to endure all the suffering
that he has not learned. (See Ramban in Toras Ha’adam #4, brought in the world so as to merit life in the World to Come. As Chazal said
in the Beis Yosef, Yoreh Deah #336, “The physician is like a judge…”) (Yalkut Shimoni, Tehillim #729): “Be silent to the Lord and hischolel
(tremble/yearn) for Him” - if He brings sufferings on you, do not
reject them or complain about them but accept them kecholelim, i.e. as
Therefore, if the couple went to a physician who was not a geneticist flutes, in other words greet them with musical instruments.
by profession, although he was an expert in another medical specialty,
and he gave them misleading advice, even if the mistake occurred
46 1 Medical-HalacHic Responsa of Rav ZilbeRstein Erroneous genetic advice 2 39
