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1 AnsweR 6 However, regarding the first question, it seems to me that it would
be prohibited, because the hospitalization is certainly unnecessary.
If Hospital A is equal in the level of care it gives to patients as Hospital
B, the husband acted contrary to Jewish law in transferring his wife to 
Hospital A against her wishes. She is a woman of apt intelligence, and Dr. Chovav, Director of Obstetrics and Gynecology at Bikur Cho-
why pain her unnecessarily? The words of the Rosh are well known lim Hospital in Jerusalem, commented, as follows:
(Baba Kamma, Ch. 8:1): A patient must have “peace of mind” with the To the honorable Rav, shlit”a:
physician who is treating him. Being that she was wanted to remain
in Hospital B, why should the husband act against the Torah view The fact that there is not sufficient or maximal medical service in
and against the axioms “And that your brother shall live with you” the framework of the health clinics (kupat cholim) is commonplace.
and “Heal, he shall heal?” [See “the benefits of Ralbag” (Daniel 4, the This is the case regarding medical testing and also treatment. Many
third benefit) who writes that a person can sense what will happen times, the treating physician tries to circumvent the system and to
in the future.] Therefore, one must seriously consider the view of the thereby improve and streamline the treatment. Because of the perva-
patient when selecting a physician. Nonetheless, if the husband forc- siveness of the problem, I wish to address a number of points:
ibly transfers his wife against her wishes, Hospital B is not obligated 1. In my humble opinion, there is a difference between the dis-
to summon the police, since the two hospitals ultimately provide a cussion in Tractate Erchin (23a) and our case. The guarantor to
similar quality of care. the kesubah did not stipulate under what conditions a man can
divorce his wife. Therefore, the divorce itself is kosher. However,
What if Hospital B, which the woman prefers to be in, is a private
hospital, where the husband needs to pay, while Hospital A is a public since there is deceit here, Abayah advises divorce only in a case
hospital, where hospitalization is free? It is more pleasant for the pa- where the husband is the son of the guarantor and he is a To-
tient to remain in the private hospital, while her husband cares about rah scholar. (Perhaps the explanation is that only under these
his money. In such a case, it seems that the husband is right. Since conditions did the guarantor take it upon himself to pay even
Hospital A is recognized by the government and the husband is not if the divorce is not for a true cause.) In our case, however, the
obligated to give his wife the most pleasant medical treatment, he is health clinic explicitly forbids its physicians to send patients to
permitted to transfer her to Hospital A. the emergency room without adequate justification. Therefore,
sending the patient to the emergency room is not merely deceit
If the husband is a rich man and is able to afford private treatment, but in fact constitutes stealing from the clinic and breaching the
then he should leave his wife in Hospital B. Likewise, if the woman trust between employer and employee. The patient’s medical
comes from a rich family and she is accustomed to using a private condition does not require referral to the emergency room; she
hospital, the husband is obligated to hospitalize his wife there. is referred there by the doctor only so that the tests be done in
the hospital. Is a person allowed to sin in order to benefit his
The source for this are the words of Shulchan Aruch (Even Ha’ezer fellow?
#70:1-4), where it says that a husband is obligated to sustain his wife
by giving her to eat and drink from what he eats and drinks. “And 2. The honorable Rav claims that the physician’s first loyalty must
if her entire family is accustomed to more, he must provide this for be to the individual patient, and not to a community of patients,
her… but if he is wealthy, according to his wealth.” since he receives payment from every individual patient. The

166 1 Medical-HalacHic Responsa of Rav ZilbeRstein Deceiving a Healthcare Clinic 2 159