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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
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
penalty. One must avoid, wherever possible, a situation where there
is concern about human life. When the Gemara states, at the end of
Kiddushin, that the best of physicians are destined for Gehinom, this
refers to physicians who practice medicine without seeking the advice
of a greater physician.
We also learned in Tractate Yevamos (109b): Evil after evil will
befall one who confounds himself in matters of halacha. The Gemara
explains that this refers to a judge who compares one case to another
case and makes a verdict without consulting with a greater dayan
who is present in the same city. This would apply all the more to a
physician. He is forbidden to practice medicine if there is a greater
physician than he in the city. This seems to be the Gr”a’s intention.
The Beis Yosef (Orach Chaim #618, p. 439, s.v. ikka), cites the Ge-
mara in Avodah Zarah, which states that we abide by the opinion of
the wiser scholar. He asks: If this is indeed so, then how do we follow
the majority of the Sanhedrin? Why do we not rule according to the
greatest Torah scholars in the Sanhedrin? He answers: Strictly speak-
ing, we should not issue a ruling until all the judges agree, but the
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
among them. If we would reckon only with the opinion of the greatest
scholars, we would not have the number of judges necessary to issue a
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
the presence of the greater Torah scholar.
In view of the above, how can we reckon with the physician’s opin-
ion about Yom Kippur if there is a greater physician (as explained
above) present? Is it not prohibited for a physician to practice medi-
cine if there is a greater physician in the city, especially if there is an
outstanding physician present? If so, why would we take the regular
physician’s view into account at all?
My father-in-law, Rav Y. S. Elyashiv zt”l, answered me: If the phy-
262 1 Medical-HalacHic Responsa of Rav ZilbeRstein
intervention. Was this the correct decision?
1
Question 2
A 90-year-old woman came to the emergency room in the hospital
complaining of chest pain reminiscent of angina pectoris. Baruch
Hashem the treatment eased her pain. Unfortunately, there are phy-
sicians who do not see the importance of caring thoroughly for the
elderly past age 90 years. Therefore, they did nothing else for the
patient. However, there was a G-d-fearing physician in the hospital
at the time who wanted to intubate her, but was unsure whether or
not to go ahead with the procedure.
On the one hand, the patient is doing well at the moment. Perhaps
it would be better to let her be, since the procedure poses some danger.
The substance used in this procedure is liable to damage her kidneys,
whose function decreases with advanced age. On the other hand, if
they do the procedure and discover more than three blocked blood
vessels, the hospital will be obligated to treat her. Therefore, although
at the moment she is well, perhaps we are obligated to endanger her a
bit for her future health. Perhaps she will have surgery and heal, and
live for more years.
In short: Should the procedure be done if at the moment it is prob-
ably not urgent, but may be beneficial for the future?
Dr. Sodi Namir, Neveh Dekalim, Gaza Beach
1
AnsweR
I presented the second question to my father-in-law, Rav Y. S. El-
yashiv zt”l, and he answered that we do not do the procedure now so
that the patient may benefit from it at a later time. Since the proce-
dure is slightly dangerous, we do not go ahead and do it based on the
possibility that it will be of benefit in the future. However, if it will be
immediately beneficial and enable the doctors to treat her immediate-
Non-Dangerous Disease 2 255