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man sees him finding it. Finding the treasure is good, so although the 9 when making this consideration. Even though it was known that he
end of the story may be that the man who saw him will tell the Gov-
ernor, who will torture him and demand more money than he found,
he still recites the blessing for the discovery he made. The reason for
this is that there is no doubt about the fact that he found a treasure.
One should first recite the blessing on what is a certain reality, and
not worry about what will be in the future, because future events may
or may not occur.
It is evident from here that the Torah view is to consider the pres-
ent reality. If the present is good, one relates to it as good; one need
not consider the possibilities of future evil. In light of this, one should
accept the talented physician and give him preference over the others,
without worrying about things that can happen in ten years.
However, we can somewhat disprove this assertion. Perhaps giving
blessing for the good is based on the person’s present feelings. If he
is feeling happy, he makes the blessing. It would then follow that this
cannot be applied to choosing a physician.
We can also prove that one should give preference to the capable
physician from the Chazon Ish (Yoreh De’ah #208:7). He writes that
in Pischei Teshuvah (#363:5) it states in the name of the Noda Biye-
hudah and Chasam Sofer that if there is a patient presently in danger
before it, it is permissible to desecrate him because of pikuach nefesh.
If there is no patient presently in danger, it is forbidden. We do not
call something that may occur in the future a possible pikuach nefesh.
We are not experts on future happenings. Sometimes, that which
we thought would be lifesaving becomes the opposite. Therefore, we
do not render halachic decisions based on possibilities in the distant
future. In light of these words, it seems we should accept the capable
physician who can presently do a lot of good work. We should not
hold back from doing so because of concerns about the future.
Perhaps we can cite further proof from Tractate Berachos (28a)
where Rav Eliezer ben Azariah considers accepting the position of
nasi, and tells his wife: Even if they fire me soon, ‘let a man use a cup
of honor for one day even if it breaks the next day.’ Someone like Rav
Elazar ben Azariah probably thought about the public benefit as well
258 1 Medical-HalacHic Responsa of Rav ZilbeRstein
would probably be demoted in the future, and his wife was certain
that this would occur, he still felt he should accept. We see from here
that the most suitable candidate for the job should be appointed, even
for a short time.
I discussed this case with my father-in-law, Rav Y. S. Elyashiv, and
he answered me, as follows:
In Tractate Bechoros (Tosfos 37a, s.v. mah) it is asked: Why is it that
a kohen who lost his teeth is not viewed as having a blemish, while a
gentile servant goes free if his master knocks out his tooth, as this is
considered a blemish? Tosfos answers that when it comes to a servant,
even something slight is considered a blemish enough to enable him
to go free. When it comes to a kohen, however, it takes something
more serious to invalidate him from the priesthood. The loss of teeth,
in this case, is not considered a blemish, but part of the regular pro-
cess of aging. We see from the Tosfos that a blemish that is ultimately
a result of old age is not viewed as a blemish, even if it develops at a
younger age. This is the natural way that a man progresses towards
his death.
If so, we have a partial answer to our question. One should accept
the successful physician so that the public can benefit from him, even
though he has juvenile diabetes. Everyone, in the course of aging, will
likely lose some of their vision and sensation. Even if we choose a
healthy and strong physician, do we have a guarantee that he will not
age prematurely? Therefore, since this physician is a good person, one
should accept him and warn him that when he reaches the age of 45,
he should examine himself and determine whether he is fit enough to
remain at his job.
1 SuMMaRy and Conclusion
One should probably accept the physician. One should not refrain
from hiring because of future possibilities of a decline in his function-
ing. He should be warned to examine his own state of health upon
reaching the age of 45, to determine whether he is still fit for the job.
Physician has Juvenile Diabetes 2 259