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correct, compels everyone to desecrate Shabbos in order to save
the woman’s life.
CAN A PHYSICIAN WHO
LIVES ABROAD TREAT
PATIENTS IN ERETZ Why Members of the Sanhedrin Require
111 YISRAEL ON THE SECOND Knowledge of Medicine
DAY OF YOM TOV?
Now we will clarify the words of Rambam, above, who writes that the
members of the Sanhedrin are obligated to acquire medical knowl-
edge. The commentators question why this is necessary.
In Tractate Horayos (2b) it says that if the beis din rules that tallow
1 Questions Physician fRoM abRoad in ERetZ YisRael (fat) is permissible, and one of the disciples who gives halachic rulings
(such as Shimon Ben Azai) knew that they were mistaken, but nev-
1. We learned that it is permissible to violate a Rabbinic prohibi- ertheless acted in accordance with their ruling because he erred and
tion on the second day of Yom Tov in order to heal sick patients thought it is a mitzvah to listen to the words of the Sages, then he
whose lives are not endangered. However, it is prohibited to vi- is obligated to bring a sacrifice. The Ramban asks (Sefer Hamitzvos,
olate a Torah prohibition for this patient (as explained in Rama, Shoresh 1): Does it not say in the Torah: “You shall not deviate from
Orach Chaim #496:2). The question arises: What is the halacha what they tell you, not to the right and not to the left?” (Devarim
regarding a physician who lives abroad, in the Diaspora, who 17:11) Our Sages explain, that even if beis din seems to rule that left
happens to be in Israel on the second day of Yom Tov. Is he is right, we do not deviate from their words (ibid 17:10). If so, why
allowed to treat a non-dangerously ill patient who lives in Eretz would this disciple be obligated to bring a sacrifice?
Yisrael? The Ramban answers that “Do not deviate” refers only to one who
presents his view to the Sanhedrin and they reject it. In this case, he
2. If one has to violate Torah prohibitions to save the life of a is forbidden to deviate from their words. However, the Gemara in
dangerously ill patient, and the situation is not urgent, can the Horayos refers to a disciple who did not present his view to the San-
physician who lives in the Diaspora treat the patient on the hedrin. Therefore, it is forbidden for him to be lenient based on their
second day of Yom Tov, even if an Israeli physician, for whom it ruling, since he must reckon that perhaps the Sanhedrin would have
is a regular weekday, is available? Perhaps since the patient can ruled differently had they heard his view. Therefore, he is obligated to
be treated by the Israeli physician without any violations of the offer a sacrifice.
Torah, the physician from abroad should not desecrate Yom Tov According to this, one can say that if the Sanhedrin, according to
to treat the patient.
their knowledge of medicine, rule that a remedy is a proven natural
Dr. Itamar Lev-Tov, Expert Orthopedist, form of healing rather than only a possible cure (segulah), then even
Ichilov Hospital, Tel Aviv if a physician feels that the proposed remedy is merely a segulah, he
348 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shabbos Desecration by a Physician Who Says there is No Danger 2 361
