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to what their teacher had said. One of them swore that Rav said one #
thing, and the other swore that Rav said the opposite. At the end, it
became clear that Rav had said what one of them understood. The
disciple who had erred asked: Am I obligated to bring a swearing sac-
rifice, like someone who swears falsely unintentionally? Rav answered SHABBOS DESECRATION
him: Your heart misled you. You thought you were swearing to the FOR A PATIENT
truth, except that you were mistaken. Therefore, you are exempt from 112 THOUGHT TO BE
the sacrifice. IN DANGER, BY A
So we learn from here that a person can be absolutely sure, without PHYSICIAN WHO SAYS
THERE IS NO DANGER
any doubt whatsoever, that this is what he heard from his teacher, and
he will even swear to it, but he is mistaken. If so, perhaps, since this
is a matter of pikuach nefesh, the second physician should consider
that he may be in error. This is not similar to the words of the Chavas
Da’as and Rashba, who believe that a person need not pay heed to
the ruling of the beis din if it is clear to him that they are mistaken. 1 20818_efi-ab - 20818_park-C_efi-ab | 12 - B | 18-08-20 | 13:46:25 | SR:-- | Magenta
Their words did not apply to a case of pikuach nefesh, but in regard Question Shabbos DesecRation by a Physician Who Says theRe is No DangeR #20818_efi-ab - 20818_park-C_efi-ab | 12 - B | 18-08-20 | 13:46:25 | SR:-- | Yellow 20818_efi-ab - 20818_park-C_efi-ab | 12 - B | 18-08-20 | 13:46:25 | SR
to what is prohibited and what is permitted. In these cases, a person A patient was brought to the hospital on Shabbos because of chest
does not have to suspect that he is in error, for there is a general rule pains. The physician who first examined the patient thought there
in the Torah that the judges “have nothing other than what their eyes was a possibility of a developing heart attack, since the heartbeats
can behold” (Tractate Sanhedrin 6b). This differs from pikuach nefesh, were irregular and slow (forty beats per minute), and recommended
where we do not follow the rule of the majority, and one must take the insertion of a cardiac pacemaker. The physician who came after
even a remote possibility into account. Therefore, the physician has to him to insert the pacemaker also examined the patient and thought
consider that he may have erred. there was no suspicion of a heart attack and therefore no need for the
The Nesivos Hamishpat (#31:1) writes that when the Torah rules cardiac pacemaker. In his opinion, the first physician had erred. (The
that “a matter shall be determined according to the testimony of two chest pains were coming from the stomach.) The irregular heartbeat
witnesses,” (Devarim 17:6) this is not because one witness is suspected was not an indication of developing danger, since this was not a new
of lying, but rather because there is a concern that he may have erred. symptom for the patient. Therefore, he was sure that there was no
[According to the words of the Nesivos, we can now understand the need to violate the Shabbos and to insert a pacemaker.
following Gemara (Yoma 83a): If there are two competent physicians Clearly, if a third physician able to insert the pacemaker was
who say the patient can fast on Yom Kippur and another physician available in the hospital, but was unsure which of the two physcians
who says he needs to eat, we do not consider his view, and the patient were correct, he would be allowed and even obligated to insert the
is obligated to fast. But if two physicians feel he cannot fast, then one pacemaker. In a situation where there is a possibility of pikuach nefesh,
must reckon with their opinion, even if one hundred other physicians we rule leniently. However, in our case, only this physician, who was
would contradict them. The reason for this, according to the Nesivos, sure there is no need for a pacemaker, was available in the hospital.
is that we can assume that one physician with a solitary opinion is The question arose: Was it permissible for the physician to desecrate
356 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shabbos Desecration by a Physician Who Says there is No Danger 2 353
