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concerned that someone else may wound him and violate the prohibi- 9 I will leave her as is, in the hope that she will not require further
tion of wounding one’s friend? The Gemara answers that if someone intervention. Was this the correct decision?
else wounds, he violates a negative precept, while if the son wounds
his father, he violates a prohibition for which he may receive the death 1
penalty. One must avoid, wherever possible, a situation where there Question 2
is concern about human life. When the Gemara states, at the end of A 90-year-old woman came to the emergency room in the hospital
Kiddushin, that the best of physicians are destined for Gehinom, this complaining of chest pain reminiscent of angina pectoris. Baruch
refers to physicians who practice medicine without seeking the advice Hashem the treatment eased her pain. Unfortunately, there are phy-
of a greater physician. sicians who do not see the importance of caring thoroughly for the
We also learned in Tractate Yevamos (109b): Evil after evil will elderly past age 90 years. Therefore, they did nothing else for the
befall one who confounds himself in matters of halacha. The Gemara patient. However, there was a G-d-fearing physician in the hospital
explains that this refers to a judge who compares one case to another at the time who wanted to intubate her, but was unsure whether or
case and makes a verdict without consulting with a greater dayan not to go ahead with the procedure.
who is present in the same city. This would apply all the more to a On the one hand, the patient is doing well at the moment. Perhaps
physician. He is forbidden to practice medicine if there is a greater it would be better to let her be, since the procedure poses some danger.
physician than he in the city. This seems to be the Gr”a’s intention. The substance used in this procedure is liable to damage her kidneys,
The Beis Yosef (Orach Chaim #618, p. 439, s.v. ikka), cites the Ge- whose function decreases with advanced age. On the other hand, if
mara in Avodah Zarah, which states that we abide by the opinion of they do the procedure and discover more than three blocked blood
the wiser scholar. He asks: If this is indeed so, then how do we follow vessels, the hospital will be obligated to treat her. Therefore, although
the majority of the Sanhedrin? Why do we not rule according to the at the moment she is well, perhaps we are obligated to endanger her a
greatest Torah scholars in the Sanhedrin? He answers: Strictly speak- bit for her future health. Perhaps she will have surgery and heal, and
ing, we should not issue a ruling until all the judges agree, but the live for more years.
Torah says we follow the majority (Shemos 23:2). Therefore, we heed
the opinion of all the judges and not only the great Torah scholars In short: Should the procedure be done if at the moment it is prob-
among them. If we would reckon only with the opinion of the greatest ably not urgent, but may be beneficial for the future?
scholars, we would not have the number of judges necessary to issue a Dr. Sodi Namir, Neveh Dekalim, Gaza Beach
ruling. However, if there are two Torah scholars in the city, we listen
to the greater scholar, and the second is not worthy of being asked in 1
the presence of the greater Torah scholar. AnsweR
In view of the above, how can we reckon with the physician’s opin- I presented the second question to my father-in-law, Rav Y. S. El-
ion about Yom Kippur if there is a greater physician (as explained yashiv zt”l, and he answered that we do not do the procedure now so
above) present? Is it not prohibited for a physician to practice medi- that the patient may benefit from it at a later time. Since the proce-
cine if there is a greater physician in the city, especially if there is an dure is slightly dangerous, we do not go ahead and do it based on the
outstanding physician present? If so, why would we take the regular possibility that it will be of benefit in the future. However, if it will be
physician’s view into account at all? immediately beneficial and enable the doctors to treat her immediate-
My father-in-law, Rav Y. S. Elyashiv zt”l, answered me: If the phy-

262 1 Medical-HalacHic Responsa of Rav ZilbeRstein Non-Dangerous Disease 2 255