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tal, he acquired his spot [his bed in the ICU] and he should this prohibition, he is obligated to appease his friend until he
not be transferred. If he is in a public hospital, he should be accepts and forgives him.
transferred, since he is occupying a place that rightfully belongs 2. The prankster has to pay each member of the ambulance staff
to another patient, and this is stealing. This is not considered ten gold pieces, since they set out to fulfill a mitzvah, which he
“spilling his blood” but rather providing him with less than op- hired them to do, as the Chasam Sofer ruled above.
timal treatment. One should, however, make sure he is provided
with the best possible treatment in the regular ward. 3. In addition, there is the prohibition of “Do not take revenge,”
which requires atonement.
2. Regarding the question about transferring a patient from an 4. It is likely that the lives of other patients in need of an ambulance
old-age home to a nursing-care hospital, one should do every- or resuscitation will be endangered as a result of this prank, and
thing possible to prevent the transfer. He who arranges for the this requires atonement as well.
elderly patient to remain where he is, and thus lengthens his life
is viewed as “He who saves one Jewish life, it is as if he saved a Case 2, regarding the man who put a false notice in the newspaper,
whole world.” is more severe than the first case in one way. The sinner does not
know from whom to ask for forgiveness, since he is obligated to seek
3. If his remaining where he is causes harm to the other elderly pa- forgiveness from all those who came to the so-called sale. He sinned
tients, this is considered stealing and he should be transferred. against all those people with the sin of “Do not wrong one another.”
This is not an act of “spilling blood,” but merely the preclusion of As explained in Tractate Baba Metzia (58b): If the donkey drivers
optimal care. However, if the patient is likely to die immediately, asked him for grain, he should not say: “Go to so-and-so who sells
and halacha would permit stealing money in order to save his grain” while knowing that this person never sold grain.
life, meaning that the situation involves real pikuach nefesh, then The way to repent in this case is to publicize that he asks forgive-
he should not be transferred. ness from all those buyers who came to the sale. It is proper for him to
publicize his name, so that he be denigrated before those people. He
also has to appease the person from whom he sought revenge.
The Reward for Binyomin's Respect for his Father In the third case, he is obligated to ask for forgiveness from the
workers that he hired falsely. He has to pay each of them their wages,
Our Sages say: (Yalkut Shimoni, Torah, # 957) Why did Binyomin such as the butcher shop, the owner of the fish store, the truck drivers,
merit the Divine Presence resting in his portion?... The righteous the carpenter and the plumber. He also has to ask them, and the man
Binyomin was youngest of the twelve tribes, and our forefather Yaa- to whom he sent them, to grant him forgiveness for his deception. In
kov would eat and drink with him, and lean on him when coming this way, he will atone for his sin.
and going. Said the Holy One Blessed be He: In the place where this
righteous man rested his hands, that is where I will rest my Divine
Presence. That is why it says, “And between his shoulders, he rested.” If a physician’s main intent is to fulfill the mitzvos of his Creator-
(Devarim 33:12) “So that your brother shall live with you,” “And you shall live by them,”
“Heal, he shall heal,” the return of a lost object [the patient’s health],
and “You shall love your fellowman as yourself ”- then although his
152 1 Medical-HalacHic Responsa of Rav ZilbeRstein Transferring his Wife Against Her Wishes 2 173
