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than the new wheat.) In truth, regarding wine, it is permissible to mix 6
strong wine with mild wine because it improves it. (i.e. If a vineyard Altering the Truth in Order to Receive Better
owner commits to selling mild wine, he is allowed to mix in strong Care
wine because the latter improves the former before it leaves the wine-
presses. But after it leaves the winepresses, wine has already absorbed 1 Question
its aroma and its taste, it does not improve it but worsens it.)
And my father-in-law, Rav Y. S. Elyashiv zt”l, (in his Sefer He’aros There was once a mother whose small son was rushed to the hospital
on Baba Metzia 60a) cites the words of the Chavas Ya’ir (#192:21) who and immediately prepared for emergency surgery. The frightened
explains that Rambam (in his Introduction to the Mishnah) writes that mother, cried out to the physicians: “Please, treat him with dedica-
when it says here (in Baba Metzia), “In truth, regarding wine etc.” this tion. This is a dear child who was born after fifteen years of mar-
means that it is a halacha given to Moshe at Sinai, that it is permis- riage…!” When the physicians heard the urgent pleas, their hearts
sible to mix strong wine with weak wine. Since the Gemara provides melted. They immediately called for the best surgeons and much
a reason why it is permissible to mix them, why must we rely on the went into the preparation for the fateful surgery. The treatment was
dictum of halacha l’Moshe mi’Sinai? The Chavas Ya’ir responds that performed with extra care and, with Divine assistance, the surgery
there was reason to prohibit the mixing of wines altogether, since if was successful.
we permit doing so before the wines leave the presses, people may While the boy was recuperating, the physicians learned that his
come to do so afterwards as well. For this we need halacha l’Moshe many visitors were none other than his brothers and sisters. The
mi’Sinai to permit it. My father-in-law added that we see from here mother explained: I did not lie! This boy was born after 15 years of
how careful we must be about deception. marriage….
In our case as well, we should take this into account. If we allow Did the mother conduct herself properly?
deception here, people may come to sanction it in other forbidden
venues.
1 AnsweR
1 SuMMaRy and Conclusion Even though the case was one of pikuach nefesh (danger to life),
lechatchila one should not speak falsehood. Hashem is truth, and
One should not deceive the healthcare clinic by referring the patient in order for physicians to be successful in their work they require
to the hospital to perform a test, if it can be done at the healthcare Heavenly assistance, which is given to those who go before Him in
clinic. truth. Therefore, there is no need to lie or to deceive in order to be
successful. (There are also other reasons why lechatchila one should
not do this.)
However, it seems to me that one should not blame the mother
who spoke this way at a time of anguish. There is a similar termi-
nology used by the Navi (Yirmiyahu 31:19): “The beloved son to me,
Ephraim …. Therefore, my heart yearns for him. I will surely have
compassion on him, says Hashem.” Rashi explains that these are the
162 1 Medical-HalacHic Responsa of Rav ZilbeRstein Deceiving a Healthcare Clinic 2 163
