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healing on Yom Tov, however, for, as we explained above, the Rishonim mistaken. However, if two physicians concur, then even if one hun-
rule that according to the Torah it is permitted to violate Yom Tov in dred others disagree, we take their opinion into account.] Therefore,
order to treat a patient, because this is like preparing the utensils nec- we can assume the same in our case. The second physician has to
essary for essential eating. The Rabbanim are those who nonetheless consider that he may have made a mistake, and he is obligated to
prohibited this. It is known that essential food that may be prepared carry out the necessary treatment, even contrary to his own opinion.
on Yom Tov is considered abrogated (hutrah) as explained in the Ran Think about it. It happens all the time that two physicians disagree
(Beitzah Ch. 2, 9b in the pages of the Rif, s.v. umeehah). Therefore, and each one is convinced he is correct. The truth, however, lies only
for pikuach nefesh, the Rabbanim probably did not prohibit it, and it with one of them. If we allow every physician to follow his opinion
remains a Torah law that is permitted on the second day of Yom Tov then out of one hundred cases where the physcians disagreed, fifty
and it does not have to be done by a physician who is a resident of patients would die! Thus it seems that the second physician is obli-
Eretz Yisrael. gated to consider the opinion of the first physician and to desecrate
Shabbos to insert the pacemaker.
1 SuMMaRy and Conclusions Some proof of this can be found in the words of the Shulchan
Aruch (Orach Chaim #618:4). He writes: “If two physicians say that
1. If a physician who lives in the Diaspora and is in Eretz Yisrael on the patient needs to eat on Yom Kippur, even if one hundred physi-
the second day of Yom Tov is asked to treat a non-dangerously cians say he does not need to eat, we feed him.” It sounds from here
ill patient, then perhaps even if another physician who is a resi- that even the one hundred physicans who thought that the patient
dent of Eretz Yisrael is available, we rule leniently and allow the was not in danger are permitted to feed him. Otherwise, the poskim
Diaspora physician to care for all the needs of the patient.
would have pointed out that it is forbidden for them to do so.
2. In a situation of pikuach nefesh, it is permissible for the Diaspora
This issue was discussed by Rav Chaim Berlin and the author of
physician to treat a resident of Eretz Yisrael, and this need not Even Shoham (Perlmutter #23). In a letter, Rav Berlin writes as fol-
done by a physician who is a resident of Eretz Yisrael.
lows: “…What does it mean when one physician says he needs to eat
on Yom Kippur or even if two say he needs to eat, and one physician
says he does not need to eat...? They do not know so for certain, but
by estimation, and it depends on their surgical and medical expertise,
and the one who says he does not need to eat says this only by his
estimation. Therefore, because of the possible pikuach nefesh, his view
is nullified, even in regard to himself, and he is obligated to desecrate
Shabbos because of the possibility of pikuach nefesh.”
If however, there were a case of possible pikuach nefesh where a
person did not estimate but knew for certain, that would be different.
For example, if a building collapses on Shabbos and there is a mere
possibility that a Jew is trapped in the rubble, we clear away the rub-
ble on Shabbos. If one or two or one hundred people claim there may
352 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shabbos Desecration by a Physician Who Says there is No Danger 2 357
