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Was it proper to sue the plastic surgeon, thereby causing him
harm?
3
1 AnsweR
A person is allowed to claim what is his, even though that claim will
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harm his fellowman. Tosfos (Bava Kamma 54b, s.v. veYisrael), explains
as follows: It is permissible for a Jew to sue a gentile, even though the
gentile will then go and steal the money from its owner.
The Shulchan Aruch (Yoreh Deah #168:12) rules that if a Jew lent
money to a gentile for usury with a security, and later the gentile said
to him, give the security to Reuven so he can sell it and he will pay
you your money… and Reuven held onto the money… the lender
can demand all the interest from the gentile, and if the gentile forces
Reuven to collect the interest because he held onto the money and
delayed paying it to the lender, what difference should it make? (See
Chavos Daas, Beiurim #18).
The Chavos Yair (#213) writes similarly about the Jew who de-
manded his money in court from a prince who owed it to him, and
the Jews in the land of the prince begged him to give up his claim,
because the prince would then take revenge on them. He ruled that
these Jews could not ask the lender to lose what was owed him.
In light of this, it seems that in our case, the patient was allowed to
sue for what is owed him by the surgeon, although the surgeon was
hurt by the publicity.

Loss of security money through gambling –
should the gambler be put in jail?
1 Question
A messenger was handed money by a rabbi to take from one place
to another. The messenger foolishly decided to gamble money in the
90 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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6. All we discussed about exempting a physician from payment
for errors applies to a physician who works diligently, according
to his ability and his knowledge. However, if the error is due to
the fact that he did not pay attention to the matter, then he is
clearly obligated to pay, even if his salary was a fixed, monthly
amount. Therefore, in our case, if the physician erred because he
was tired, he is obligated to pay compensation even by a human
court.

Lenses or eyeglasses that break during the
examination
1 Question
I would like to ask an additional question:
What is the law if, during the examination of the eyeglasses of a
client, the glass lens broke? Does the eye doctor have to pay to fix the
problem?
1 AnsweR
In Sefer Ketones Yosef, by Rabbi Yosef Bardugo, zt”l (Nizkei Mamon,
p. 4), he cites in the name of the Peri Haadama (p. 28b):
Reuven showed a dinar to Shimon. In order to evaluate
the coin, Shimon bent it, and it broke into two pieces.
If it is the normal custom of experts to bend the coin in
order to evaluate it, then the case is like an animal that
died while it was working. But if Shimon saw a thin crack
in the coin and bent it over, he is considered someone who
caused damage actively.
The Ketones Yosef then adds:
According to my limited intellect, it seems to me that one
Error in Refraction Measurements 2 59
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