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it into a synagogue, can be rejected, especially since many of in medicine because the words of the Radvaz did not satisfy them.
our Rabbanim are of the view that even in a permanent syna- According to their reasoning “You shall not deviate” was only said
gogue one does not recite the blessings over the lighting. [See in regard to the rulings of the Sanhedrin in Torah reasoning and the
Be’er Heitev (Orach Chaim #671:10) and Sha’arei Teshuvah. thirteen principles by which the Torah is interpreted, as explained in
(ibid, s.k 10).] the Rambam (Hilchos Mamrim, Ch. 4). Clarification of a fact, such as
The Sefer Shalmei Moed (p. 237) writes that one should not recite whether this remedy is a segulah or a proven natural remedy, which
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the blessings on the Chanukah candles in any public place other than the Sanhedrin clarifies through the power of their knowledge of med-
a synagogue. The source for reciting the blessings in the synagogue is icine, would not fall under this category. When it comes to this, the
based on the principle that one makes a blessing on a custom, such Sanhedrin is like any other physician, and does not have the special
as the blessing over reciting Hallel on Rosh Chodesh. Therefore, it is power of the Lishkas Hagazis. Thus, the ruling of the beis din in a
sufficient for us to do what is customary without adding on anything matter like this would not obligate other physcians with dissenting
else. Likewise, there is no need to light Chanukah candles in a Beis opinions. This requires further study.
Midrash that houses an evening kollel but no evening prayers. The Kaf The Radvaz wrote an additional novelty (chiddush) as to why the
HaChaim (#671:68) write that the “beis midrash” which the poskim Sanhedrin needs to have knowledge of medicine. This is so that they 12
refer to is only a place where people pray. can rule the death penalty to someone who killed his friend by giving
It seems to me that one can recite the first two blessings without him poison to drink. The Sanhedrin needs to study medicine to know
saying Hashem’s regal and majestic names, while the blessing of She- whether or not that potion can be fatal. This answer also demands
hecheyanu can be recited with Shem Hashem (Hashem’s name), if the explanation. Why can’t the Sanhedrin rely on the views of physicians
person making the blessing has a new fruit or garment. regarding the potion?
If a physician or nurse on duty was sleeping in the clinic and eating In Tractate Sanhedrin (78b) we learn that if one hits another with
two meals there, it would be permissible to recite all the blessings, a stone or his fist, and an estimation indicates that the victim may die
because he is obligated to light there. According to the view of Pri from the blow, then if at first the vicitm was only wounded but then
Chadash (cited in Bi’ur Halacha #677:1 s.v. b’makom) he has to be there his situation worsened and he died, the peron who hit him is guilty
at least most of the days of Chanukah. and liable to the death penalty. Rav Nechemiah says he is exempt.
Rashi writes that “an estimation indicates that the victim may die” re-
1 AnsweR to Question 2 fers to an estimation of the beis din. This needs explanation. Why do
we follow an estimation of the beis din and not a doctor’s assessment?
Regarding a gentile who wants to light Chanukah lights to fulfill a Mahari Assad has already dealt with this question. (Yehudah
mitzvah, the Rambam (Hilchos Melachim 10:10) writes: If a Noahide Ya’aleh, Vol. 1, Yoreh De’ah #193) He answers that Rashi’s intent is
wants to do a mitzvah other than his own seven mitzvos, in order to to nullify the value of a doctor’s assessment. A physician’s reliability
receive reward, we do not prevent him from doing so according to in matters not plainly seen but based on the science of medicine is
the halacha. If he brings a burnt offering [in the Temple] we accept it considered doubtful and is not definite. Even though in regard to
from him, and if he gives charity, we accept it… and give it to the poor desecration of Shabbos for the patient or in regard to eating on Yom
among the gentiles. (The exceptions are the mitzvos of tefillin, Sefer To- Kippur, the physicians are believed, this is only becaue even if there
rah and mezuzah, as explained there in the Radvaz.) So, if he wants to is a mere possibility of pikuach nefesh, we desecrate Shabbos and Yom

346 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shabbos Desecration by a Physician Who Says there is No Danger 2 363