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the Shabbos in order to reach a hospital where peace reigns and the “And you shall live by them, and not die through them” would apply
Divine Presence dwells. in this sort of situation. However, if most people are not frightened
by it, it is not considered a danger.”
1 SuMMaRy and Conclusion A small example of this is the chicken pox vaccine for children. Al-
though basic halacha would perhaps indicate that one give the vaccine
One should seek out a hospital where there is peace. as quickly as possible once the physician indicates that it is the right
time to do so, nonetheless people don’t tend to do it in haste and fear.
Therefore, even if there is some danger in putting it off, regarding
this sort of thing the Sages said, “Hashem watches over simpletons,”
and Heaven forbid that one desecrate Shabbos for this. However, if
someone knows with certainty that if the vaccination is not done on
Shabbos, he will have to wait four or five years, a span of time long
enough to rightfully cause him to fear and panic, then perhaps it can
be considered pikuach nefesh.
Regarding Rav S. Z. Auerbach’s assertion that if it is possible to
perform the surgery using the insurance of the healthcare clinic, but
the family of the patient want the surgery to be performed by a pri-
vate surgeon, then they have no right to take money from charity for
the expenses of the private surgery, we can add that sometimes it may
be permissible. How so?
The Rosh (Baba Kamma 8:1) explains that if the person who caused
damage says to the damaged party, “I will heal you,” then even if he is an
expert physician, the damaged person can say “I do not want your healing,”
since “You appear to me like a hungry lion.” The patient has the right
to be at peace with the physician who is treating him.
In view of the above, it seems that if the patient refuses to be
healed by the physician of the healthcare fund, since he was previous-
ly treated by him unsuccessfully, then the patient is allowed to take
charity money in order to receive treatment from a private physician.
It says in Tractate Nedarim (41b) that if the physician prohibited the
patient from deriving any benefit from him through a vow, he can still
treat the illness. The Ran, there, (s.v. ela) explains in the name of the
Jerusalem Talmud, that a person cannot be healed by every physician.
208 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shabbos desecration for a more expert surgeon 2 181
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