Page 248 - 20818_park-c_efi
P. 248
8
In my humble opinion, it may be that these Chassidim rishonim He answers that since he is not using the plank itself, but rather #
were not concerned about Shabbos prohibitions which the Torah per- the plank indirectly enables him to use the courtyard, this type
mits for pikuach nefesh, but rather they feared that in their confusion, of benefit is not prohibited by the Torah. Similarly, we can say
they would not be able to differentiate between the essential or urgent in our case that the patient does not benefit directly from the
prohibitions and those which are unnecessary. For example, when one chametz but only indirectly. By using the chametz, the physician
needs to turn on the light for a dangerously ill patient, and he has a determines the nature of the disease and treats it with strong
choice between a single bulb and a multiple bulb fixture, he is obligat- medications which benefit the patient. This type of benefit from
ed to light the single bulb, since there is no benefit to the patient by chametz is not prohibited by the Torah.
lighting the larger fixture. If he does so, he has violated Shabbos un- All this refers to the technician who performed the tests in a public
necessarily. The same applies if he lights a large candle when a smaller hospital and is not paid according to the number of tests he performs.
one was available and would have sufficed. In the Hosha’anos prayers, (This is only bedieved, when he has no alcohol which is kosher for Pe-
we ask Hashem to save us from this sort of confusion and panic. This sach.) However, a private laboratory where income is determined by
would seem to be the reason why Chassidim rishonim tried to avoid every test performed is forbidden to take remuneration for this test,
this sort of situation altogether. They were afraid lest they stumble because it is forbidden to make money from something from which
and do more prohibited acts than necessary. it is forbidden to benefit. As explained in the Shulchan Aruch (Orach
Our Sages never refer to someone who is asked a halachic ques- Chaim #450:4-7), if a gentile baked chametz in a Jew’s oven on Pesach, 20818_efi-ab - 20818_park-C_efi-ab | 8 - A | 18-08-20 | 13:46:24 | SR:-- | Magenta #20818_efi-ab - 20818_park-C_efi-ab | 8 - A | 18-08-20 | 13:46:24 | SR:-
tion as shameful, except in regard to questions about pikuach nefesh it is forbidden for the Jew to receive payment for use of the oven,
(Yerushalmi, Yoma 8:5). This is because the Torah scholar should have because it is forbidden to make money from something from which
repeatedly taught the people in his city the laws of pikuach nefesh, and it is forbidden to benefit. It is also forbidden to rent out a utensil for
emphasized the importance of saving life, (Beis Yosef, Orach Chaim a gentile to cook chametz on Pesach. In this case, the Jew desires the
#328:2, in the name of Terumas Hadeshen #156) and, on the other preservation of the chametz; if the chametz spills out while still on the
hand the severity of desecrating Shabbos more than necessary. fire, the utensil will crack and break. In other words, the Jew wants
In this topic of pikuach nefesh the person determining the halacha the chametz to be preserved in the utensil, and he derives benefit from
must utilize his discernment and wisdom. I heard about a man who the chametz.
told the Rav that he feels weak and unable to fast on Yom Kippur In the Shulchan Aruch (Orach Chaim 440:2) we learn: “If a gentile
since he thinks his life is in danger. The Rav told him: You are per- brings chametz from his house to the house of a Jew, the Jew is obli-
mitted to eat, but know that for every bite you eat, you have to give gated to make a partition in front of the chametz lest he come to eat
three gold pieces to charity. When the man heard the sum he had to it.” If so, this concern still exists in our case. Thus it is prohibited for
pay for eating on Yom Kippur, he decided to continue his fast. This the laboratory technician to be present in a room containing alcohol
can be used as a measuring rod in any situation where one believes lest he come to drink it, unless the alcohol was set aside for use by the
he is allowed to break his fast. Is he prepared to pay a large sum for laboratory, and it is not customary to drink from it even on the other
breaking his fast on Yom Kippur? days of the year.
On the other hand, I saw in the Sefer Lev Eliyahu (Vol. 1, p. 292) Sterilizing the skin before giving the patient an injection is defined
that Rav Yehoshua of Belz zt”l, would pass by hundreds of his chas- as washing or anointing, which the Torah forbids with items from
sidim on Yom Kippur afternoon, and look intently into their faces. which it is prohibited to derive benefit. Cleansing wounds on the skin
234 1 Medical-HalacHic Responsa of Rav ZilbeRstein Chametz Alcohol on Pesach 2 219
