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Shabbos and insert the pacemaker despite his own opinion to the con- 12 are wise and discerning, well known to your tribes.” Based on this,
trary, or, since he was certain there was no pikuach nefesh here, was he the members of the Sanhedrin are obligated to know the sciences of
forbidden to desecrate Shabbos? medicine and mathematics, so that they should be considered “wise
and discerning. [The fact that they need to know seventy languages is
1 AnsweR not because language is wisdom, but in order for them to understand
the testimony from the witnesses and not from the translator (see
Before we answer this question we will consider the words of the Tractate Sanhedrin 17a)].
Rambam (Hilchos Sanhedrin 2:1). He writes that we appoint to the San- However, the Radvaz did not understand it this way. He insinuates
hedrin only people who are “wise and discerning, exceptional in their that the reason they need to acquire knowledge of medicine is for
knowledge of Torah, people with much understanding, who know some practical use. In light of this, there is still room to question:
a little of other fields of knowledge, such as medicine, mathematics Why can’t the judges consult with physicians when necessary? Why
and seasons and planets and astrology and the ways of sorcerers and must they study the science of medicine on their own? We will ad-
those who practice witchcraft and magicians and the nonsense of idol dress this question in our discussion below.
worship… so that they will know how to judge them.” The Ramach Now we can begin to address the question itself.
asks (cited in Kesef Mishneh, there): Why do judges have to know It says in the Chavas Da’as (#185:2) that if witnesses testify in court
medicine and mathematics and astrology and zodiac signs? The Kesef that the meat is a neveilah, and one man is certain that the meat is
Mishneh answers that they certainly need to know astrology and the kosher, he is allowed to eat it in private if he is certain that the wit-
zodiac signs in order to know when to intercalate years and months. nesses are liars or mistaken. However, if he eats the meat in public
However, the Kesef Mishneh does not explain why they need to know he is to be flogged, because in the opinion of beis din, the meat has a
medicine as well. presumption of being a neveilah. Something similar is mentioned in
The Radvaz also raises this question. He surmises that perhaps Responsa Rashba (Vol. 3 #253, cited in Tur, Yoreh De’ah #1) and Mish-
the judges must know medicine in order to differentiate between neh Lamelech (Hilchos Ishus 9:16) about a ritual slaughterer (shochet)
authentic remedies, for which Shabbos is set aside, and things whose who claims that an animal was not slaughtered. If witnesses testify
healing potential has not been proven, and to know, for example, if that this shochet slaughtered it, but he insists and says he did not
someone gave his friend a drink and he dies, whether this potion was slaughter it, this animal may be eaten since there are witnesses who
poisonous or not. testify that the animal was slaughtered. However, the shochet himself
The matter still demands explanation. Why do the members of is prohibited from eating it since he claims he did not slaughter it.
the Sanhedrin have to study the science of medicine? Why can’t they According to this, in our case it is forbidden for the second physi-
simply seek the advice of expert physicians when necessary? Due to cian to desecrate Shabbos. Even though beis din ruled that in a case of
this, the Kesef Mishneh and Ramach feel that the question remains doubt we desecrate Shabbos, in the view of the second physician they
unresolved. ruled this based on the error of the first physician, so the ruling does
Were it not for the words of the Radvaz, Ramach and Kesef Mish- not apply to him.
neh, we would have explained the Rambam’s intent as follows: The However, there is reason to permit and obligate this physician to
reason we obligate the Sanhedrin to know the science of medicine is desecrate Shabbos for the patient and to insert the pacemaker. We
because the Torah says (Devarim 1:13): “Get for yourself men who find in Tractate Shevuos (26a) that two disciples of Rav disagreed as
354 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shabbos Desecration by a Physician Who Says there is No Danger 2 355
