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age, perhaps she would become ill and her life would be endangered. be ill. In this case, the Sages determined that she does not need hot
Could she be permitted, on this basis, to marry someone else without water as a result of childbirth, and she will not be endangered by the
waiting for chalitzah? lack of it. The Mishnah Berurah (#330:15) quotes this in his name as
The Chasam Sofer answered: One can only believe the physicians if well.
this is a person who is predisposed to illness. But if a person who has a The Ramban adds: Were it not for my fear of contradicting my
presumption of being healthy claims to have certain pains, and based teachers’ view, I would have explained that only in a case where she
on his claims, the physician makes his diagnosis, then we do not per- says “I need to wash,” we do not desecrate the Shabbos for her, but if
mit him to violate a Torah prohibition based on his own words and she says, “Desecrate Shabbos for me,” then one is required to do so.
conjectures. Even if we do give credence to the physicians’ assertion, We understand from the Ramban’s words that even though we
every time this woman’s new husband will live with her as his wife, believe her weakness is a result of childbirth, nonetheless, if she asks
he will be violating a prohibition. How are we to measure how many that we desecrate Shabbos on her behalf, we pay attention to her
times are necessary in order to save her life? If once a month is enough words and consider her to be in possible danger. Likewise regarding
for her and he has relations with her twice a month, then both of our first question, we could claim that although the physician knows
them are violating a Torah prohibition! And if she recovers, who will the patient and attributes the severe pains to his patient’s benign
force him to divorce her? They will then continue to live together in illness, nonetheless, if the patient calls on Shabbos and says, “I am in
transgression! danger,” he is like the woman thirty days after childbirth who says “I
We learn from this that it is not possible to permit a Torah prohi- am exceptionally weak and I am in danger,” and we have to desecrate
bition for the purpose of saving a life, as long as we cannot measure Shabbos for him.
exactly how many times he has to sin in order to save someone from Despite this argument, I believe the case of the woman after birth
danger. Moreover, if we are unable to ensure that when the danger differs from the one in question. Our Sages determined that after
ceases, he will stop sinning, then we cannot permit the sin even in the seven days, a woman after childbirth is no longer in danger. If she says
presence of danger. “I am an exception,” no one can contradict her; we accept what she
However, these words require clarification. Being that the woman is says. But in our case, the physician knows the patient well and is con-
currently in a state of danger, we would think that one could suspend fident that the pains are due to his illness, and that there is no danger.
the concern of future sins in the face of pikuach nefesh. Nonetheless, Therefore, the physician need not be concerned that his patient may
we learn from here that one should not play around with Torah pro- be in danger.
hibitions when there is no limit to how many times the transgression Proof to this is that the Ramban feared contradicting the opinion
will occur. That is why Rav Betzalel Zolti, zt”l said that it is difficult of his teachers. Their view was probably that even if there is no physi-
to permit smoking on Shabbos. cian present who can determine with certainty that the pains are a re-
Similarly, it says in the Bi’ur Halacha (#618, s.v. ve’im) that one must sult of the childbirth, we do not concern ourselves with the possibility
consider well how much food to give a patient on Yom Kippur, and to that her weakness is stemming from a dangerous disease. We view the
be careful not to give him more than is required. extra weakness as a result of childbirth. If so, then certainly, and all
I personally heard from my father-in-law, Rav Y. S. Elyashiv, that the more so, if the physician knows the patient and his condition, and
one cannot permit a physician to smoke on Shabbos because of pikuach asserts that the patient’s benign illness is likely to cause severe pains,
nefesh. Although smoking is essential to a regular, addicted smoker, we are allowed to assume that there is no new danger.

248 1 Medical-HalacHic Responsa of Rav ZilbeRstein Physician discounts possible danger of back-pain 2 269

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