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intent is also to make money, he is viewed as a messenger to do a the ICU to an internal medicine ward so as not to infringe on the
mitzvah. As explained in the Shulchan Aruch, (Orach Chaim #38:8) all rights of other patients.
those who are writing tefillin and mezuzos, and the merchants who sell It says in Tractate Shabbos (42a) that “one can extinguish a glowing
them, and all those involved in holy work, are exempt from another ember of metal in the public domain on Shabbos.” The Ran (ibid, 19b
mitzvah [at the same time]. The Mishnah Berurah (ibid, s.k.24) writes of the pages of the Rif, s.v. umayhoh) asks: How is it possible that we
that although the scribes receive payment for selling their wares, they permit a biblical prohibition in a situation where there is no danger
are, nevertheless viewed as being involved in a mitzvah, and thus ex- to life? He answers that the possibility of damage to the public is
empt from other mitzvos. This applies only if their main intent is that viewed as equivalent to danger to life. From this my father-in-law
Torah scrolls, tefillin, and mezuzos should be available for anyone who zt”l learned that if many people will be harmed by the nursing-care
needs them. But if their main intent is to become rich, they are not patient remaining in the old-age home, their suffering may be viewed
considered as involved in a mitzvah. The Bi’ur Halacha, there, adds as pikuach nefesh.
that if the Scribe’s intent is equally to make money and to provide Dr. D. Dromer points out that a nursing-care patient can some-
people with these holy objects, he is viewed as involved in a mitzvah. times disturb the sleep of other patients. This disturbance is consid-
In view of the above, regarding the case cited at the beginning of ered a danger for them. As explained in the Mishnah (Shabbos 29b),
the section, if the physicians and the nurses at Hospital B intend one is allowed to extinguish a light on Shabbos to allow dangerously
to fulfill the mitzvah of restoring a lost object [i.e. the patient’s lost ill patients to sleep. Therefore, if the elderly residents of the old-age
health], as well as the other mitzvos cited above, then even though home will suffer from lack of sleep because of the nursing care patient,
they also intend to get paid, they are still considered as involved in a there is room to suspect pikuach nefesh for all of them, and we cannot
mitzvah. This would mean that he who grabs their mitzvah away has disregard their distress because of one suffering individual.
to pay them ten gold pieces. The Chasam Sofer (Yoreh De’ah #7) writes that if a patient with
And my father-in-law, Rav Y. S. Elyashiv zt”l, added that the epilepsy is likely to have seizures while praying, and there are people
physicians have the right to sue for the ten gold pieces only if there in the synagogue with weak constitutions, then he should pray in his
are empty places in the hospital. However, if the hospital was fully house alone. This is because the faint-hearted congregants or the chil-
occupied, and as soon as the man transferred his wife, another pa- dren in shul may become endangered when they observe an epileptic
tient took her place, then the physicians did not lose anything. What seizure. The Chasam Sofer’s intention is probably that they may faint,
difference does it make which patient they are treating? which is viewed as pikuach nefesh.
In Tractate Baba Kamma (91b, Tosfos, s.v. vechayevo) there is a story Applying this to our case we can conclude that if the nursing- care
about a man who was asked to read from the Sefer Torah, and another patient’s presence will cause much anguish to the others, he should
person came first and read from the Sefer Torah. They asked Rabbenu remain in the group since he is stealing what they are entitled to.
Tam whether the man who grabbed the mitzvah away should pay the
other ten gold pieces. Rabbenu Tam answered: Give him a chicken 1 SuMMaRy and Conclusions
to slaughter instead of the two blessings that were taken from him.
Rav Yitzchak disagrees with this. If so, he counters, why did Rabban 1. Concerning the question whether or not to move a patient with
Gamliel obligate the payment of ten gold pieces for someone who a short life expectancy (chayei sha’ah) from intensive care to a
stole the mitzvah of covering the blood of the chicken from his friend? regular ward: If the patient is hospitalized in a private hospi-
174 1 Medical-HalacHic Responsa of Rav ZilbeRstein Transfer of a Patient 2 151
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