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is proper for the physician to try to see the Chanukah candles and
hear the blessings from a person who is lighting a menorah, or at least
hear the lighting of the menorah in the synagogue of the hospital. (See
Sha’ar Hatziyun #671:52).
The question thus arises: What should a physician do if he is in
the emergency room and involved in his work, which he cannot leave
because of pikuach nefesh? If he has permission to leave for half an
hour, should he leave in the evening in order to to fulfill the mitzvah
of lighting the Chanukah candles, or leave the next morning for Tefil-
lah and the recitation of Hallel. Which of the two mitzvos should he
choose?
1 AnsweR
The Chochmas Shlomo deals with this (in the Gilyon of Shulchan
Aruch, Orach Chaim #683) and rules that one should choose the
morning prayers and Hallel and Al Hanissim, which take preference
to the Chanukah candles.

Lighting the Chanukah Menorah in a Public Hall
during an Award-distribution Ceremony
1 Question
1. The administration of the kupat cholim (HMO) is about to hold
an award-distribution ceremony for outstanding workers on
one of the days of Chanukah. I was asked to accept the honor of
lighting the menorah and reciting the blessing at the ceremony.
I told the person in charge that I need to clarify the halacha.
Is it permissible for me to recite the blessings in a public place
which is not used as a residence? This does not seem to be the
proper setting for the mitzvah, as our Sages decreed that the
344 1 Medical-HalacHic Responsa of Rav ZilbeRstein
is truth. There is a question on the Ramach and the Kesef
Mishneh, who did not pick up on this.
According to Mahari Assad, the words of Radvaz also become clear.
The Sanhedrin have to learn by themselves the science of medicine
because any assessment by a physician is viewed as a mere possibility,
and one cannot impose the death penalty based on that.
Similar things were written by the Maharam Schick (Yoreh De’ah
#155) regarding a woman having difficulty in childbirth. What hap-
pens if the head of the fetus has protruded, and the physician claims
that if he does not cut and kill the fetus, both mother and baby will
die? According to Rav Akiva Eiger (Oholos 7:6) it is permissible to
kill the fetus to save the mother’s life. The Maharam Schick concludes
that Rav Akiva’s words only apply if it is absolutely certain that if
the fetus is not killed, both will die. The words of Chasam Sofer are
known (Yoreh De’ah #175). A physician’s assertion is only viewed as a
mere possibility. Therefore, one cannot kill the fetus based on this.
The Maharam Schick concludes by saying that it is possible that if the
physician says “I am certain that both will die,” the beis din does not
stop him. As explained in Tractate Kesubos (22b) if a woman says: “It
is clear to me that my husband died,” and she marries another man,
beis din does not stop her.
The Mahari Assad concludes wondering how the Ramach and Kes-
ef Mishneh did not take into account the words of Rashi in Sanhedrin
(see above), and the simple explanation that the reason beis din needs
to know medicine is in order to judge a murderer on the basis of an
assessment viewed as absolute.
I heard an explanation of this Rashi from my father-in-law, Rav
Y. S. Elyashiv zt”l. Rashi writes (Sanhedrin 78a) that an “estimation”
refers to an assessment made by the beis din. This may imply that beis
din hears the assertions of various physcians and decides on whom
they can rely and whose words are not adequately grounded. This is
what Rashi means when he refers to an assessment of the beis din. It is
the decision that comes after the physicians have presented their esti-
Shabbos Desecration by a Physician Who Says there is No Danger 2 365