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Thus it seems that the words of the Shulchan Shlomo apply only to   to travel to a more distant hospital where the atmosphere is friendly
 a sick child who does not say anything. However, if an adult says “I   and each person respects the opinion of the other.
 want to be treated by physician so-and-so,” and he places no trust in
 the physician of the healthcare clinic, it would be permissible to give   The  Tumim (#7:12) wonders: How is it possible that there are
 him charity money.  Torah scholars who hate each other? Are they wicked people who
           violate Torah prohibitions, such as “You shall not hate your brother
           in your heart” (Vayikra 19:17)? If the explanation is that each of them
 1   SuMMaRy and Conclusions  claims that his friend has transgressed a grave sin and it is therefore

           permissible to hate him, then how would he sit with him in beis din?
 1.  It is permissible to desecrate Shabbos to be healed by a more   This requires further study, for one can answer this question, but only
 expert physician.
           with difficulty.
 2.  If a child has a physician willing to treat him, but the family
 wants him to be treated by a renowned physician, then if the   Were it not for the holy words of the Tumim, we could explain
 second physician has significantly greater experience than the   that this does not refer to two Torah scholars who literally hate each
 first – i.e. if the physician of the healthcare clinic has performed   other, but rather to two Torah scholars whose conduct differs greatly
 hundreds of such surgeries, while the expert has performed   from each other, as explained by the Birkei Yosef above. Since they are
 thousands of surgeries – and the surgery is a complicated one,   so different, they cannot find anything in common and they behave as
 then the money contributed for this purpose is considered tze-  if they hate each other. Whatever one understands, the other under-
 dakah.    stands the opposite. What one draws near, the other distances, and
 3.  If the patient himself refuses to use the surgeon provided by the   what one justifies the other says is evil. There is no personal hatred
 Kupat Cholim since he was previously treated by him unsuc-  between them, however, so they do not violate any Torah prohibition.
 cessfully, then it seems that money collected for this purpose is   Nonetheless they are forbidden to sit together in one beis din because
 considered tzedakah as well.  dayanim are obligated to ask advice from each other. If they do not
           deliberate with each other, they will not reach common ground and
           the verdict will be wrong.

              We see from here that a cordial and friendly hospital merits Divine
           Assistance. In a hospital fraught with tension and hostility among
           the staff, the Divine Presence will not dwell. Notwithstanding the
           expertise of the physicians, they will not succeed so long as they don’t
           confer with each other. This was the sin of Nadav and Avihu; they
           did not confer with each other, as explained in the Midrash Rabbah
           (Vayikra, 20:8). The sages interpreted this from the words “And Na-
           dav and Avihu, the sons of Aharon, took, each of them, his censor”
           (Vayikra 10:1).  Therefore, one should not admit himself to such a
           hospital on a weekday, and he is probably also permitted to desecrate




 182   1  Medical-HalacHic Responsa of Rav ZilbeRstein  Relationships Among Physicians  2   207





































































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