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intentionally, one does not remove the patient from there. The reason nursing! As a result of this bond, Rav Yehudah Hanassi forged a spe-
is… because the patient himself is not obligated to give his life to save cial connection with Antonius, King of Rome, as explained in Rashi
the lives of others and since he was admitted to the ICU to be healed, (Avodah Zarah 11a, s.v. nispardah). The Tosfos explains, (ibid, 10b
he acquired that place. This applies not only if he pays the hospital for s.v. amar) in the name of the Midrash, that “fat impurifies and milk
his stay, but even if he does not pay, since the poor are treated for free 5 purifies.” Since Antonius was nursed by the mother of Rav Yehudah
there, and he is poor. He has acquired the bed where they placed him, Hanassi, they bonded and studied Torah together and he became a
#
by being brought there for as long as necessary. There are obligations proselyte and circumcised himself. This is because a nursing mother’s
on the hospital and the physicians to heal him. He is not obligated, milk is imbued with enough love to forge a loving connection even
and perhaps even prohibited, to give up his right to live his short life between two people who were strangers to each other.
expectancy. In Tractate Kesubos (60a) it states that a son recognizes his mother
It also seems that even if the second patient who has a long life ex- and identifies her when he is 50 days old. The Gemara asks how a
pectancy (chayei olam) is in great danger and needs to be hospitalized blind child is able to recognize his mother. Rav Ashi responds that
in the only available room, one can still not remove the first patient he recognizes her through her “taste and smell.” Likewise, the more
who is already there, even though he has only a short life expectancy. the father lives with his son, the more he grows attached to him. As
The first patient is not obligated to save the second patient with his explained in Tractate Bechoros (46a, See Rashi, s.v. haba), a father does
own life. However, if the first patient with a short life expectancy has not mourn over a stillborn. Thus it is for the benefit of the father, the
not yet been admitted, then the dangerously ill patient who has a long mother and the child that they be told that their son is blind only
life expectancy can be admitted before him, even though he came to after a period of time has elapsed.
the hospital after the first patient. And even this can only be done Our Torah is a Torah of chesed and Hashem desires a strong bond
in a way that the first patient [with a short life expectancy] does not between man and his wife. Therefore, He commanded us (Devarim
become aware that there is no way to cure him. If he finds out, he 24:5): “If a man takes a new wife, he shall not go out to war, neither
will become frightened and confused and one may thereby hasten his shall he be charged with any business. He shall be free for his house
death and make him lose his mind, so that it is absolutely prohibited (wife) for one year and shall gladden his wife whom he has taken.”
to remove him.... Therefore, the room should be given to the patient The Chinuch explains (#582): The root of this mitzvah is that when
who came first. Even if he is aware of his own situation, it is possible Hakadosh Baruch Hu thought about creating the world he wanted
that he will lose his mind from the feeling that they already consider good children to be born from man and women, who mated properly,
him dead, and do not get involved in treating him… but one has to because prostitution is an abomination before Him. Therefore, he de-
find a way to provide the necessary treatment to the second patient as creed for us, the nation worthy of carrying his name, that we remain
well, even in a different place, if possible. with the woman designated for us to produce offspring for one whole
According to the words of the Iggros Moshe, it seems clear that a year after one marries. This is in order to accustom one’s nature with
patient acquires his bed in the hospital and that he subsequently can- her, and to attach one’s desire to her, and to enter her image and all
not be removed from there. This probably applies to our first question her actions into his heart, until naturally, all the actions of another
as well. One cannot remove the elderly patient from his place if he woman… will be foreign to him …and he will direct all his thoughts
refuses to go to a nursing home. to the woman who is designated for him, and the children she will
It seems to me that the words of the Iggros Moshe refer to a private bear him will be proper, and the world will thus be full of charm
146 1 Medical-HalacHic Responsa of Rav ZilbeRstein Parents Gave Birth to a Blind Child 2 115

