Page 378 - 20818_park-c_efi
P. 378
20818_efi-ab - 20818_park-C_efi-ab | 12 - B | 18-08-20 | 13:46:25 | SR:-- | Cyan
20818_efi-ab - 20818_park-C_efi-ab | 12 - B | 18-08-20 | 13:46:25 | SR:-- | Black
#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:-- | Magenta
Kippur. However, in regard to ruling on capital cases, to judge the mitzvah be performed outside the door of one’s house, or by
murderer with a death penalty, they are not believed, just as they are the window closest to the public street, as explained in Tractate
not believed if they claim they have cured post sexual intercourse Shabbos (21b) and in the Shulchan Aruch (Orach Chaim #651:4).
bleeding in a woman, as explained in the Shulchan Aruch (Yoreh De’ah
#187:8). I heard that some poskim permit the lighting of the menorah at a
public gathering if Maariv (the evening prayer) is recited there,
These are the words of Mahari Assad: so that the place is transformed into a synagogue. It says in the
#
Shulchan Aruch (#671:7) that one can light in a synagogue to
Therefore, beis din is ordained by the Sanhedrin to judge publicize the miracle of Chanukah. However, I am doubtful as
capital cases and cases of flogging, where the Torah re- to whether there will even be a minyan there, without which the
quires of them an assessment of the hitter and the person blessings I recite will be for naught.
hit. Therefore, the members of the Sanhedrin themselves What should I do? I want to recite the blessings and light the
need to be experts in the science of medicine etc. to dis- menorah because many people will be there and it is proper to
tinguish and assess the power of the man assaulter and publicize the miracle before them. However, I am concerned
the victim. That is why in Tractate Makkos (22) and the about making a blessing for naught.
Rambam (Hilchos Sanhedrin Ch. 17 and Hilchos Rotze’ach
Ch. 4) no mention is made of an assessment according to 2. There is a gentile physician who works in our clinic. When he
the physicians because the beis din are the ones to make heard this discussion he asked: Is a gentile prohibited to fulfill
an assessment according to their powers of estimation…. mitzvos? If you give me permission, I will light the Chanukah
After I wrote this, I looked into the Rambam (Hilchos San- lights with a blessing. I do not have to be concerned about
hedrin 2:1) and this is what he says: “One does not appoint making a blessing for naught. How are we to respond to his
to the Sanhedrin except knowledgeable people, who know suggestion?
a little about other sciences, such as medicine, mathemat- Dr. Soori Namir, Neve Dekalim, Gaza
ics… so that they will be able to judge them.” And I saw
the Kesef Mishneh, who wrote as follows: The Ramach 1 AnsweR to Question 1
wrote questions why the judges have to know medicine,
etc. The Kesef Mishneh found no answer to the Ramach’s One should not light the Chanukah menorah and recite the blessings
question, and leaves it a question. According to our com- in a public hall, due to the possibility that the blessings will be for
ments here, the golden words of the Rambam themselves naught. One does not fulfill his duty with such a blessing. Even some-
clarify the reason: “who know a little about other sciences, one who lights Chanuka candles in the synagogue does not fulfill his
such as medicine, mathematics.” Specifically, “a little,” and personal obligation in this way, as explained in the Rama (#671:1). So,
he concludes with the reason, “so that they will be able to too, if one coincidentally eats at his friend’s home, and he has a house
judge them.” His intention is to say that in order to make in the same city, he is obligated to go to his own house to light the
an assessment regarding death or flogging, they need to menorah there. He has not fulfilled his obligation through his friend’s
know the slight amount of medical knowledge necessary lighting, as explained in the Mishnah Berurah (#677:12).
to make this assessment…. Moshe is truth and his Torah The idea of davening Maariv in the hall, thus converting
364 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shifts on Shabbos and Yom Tov, Dialysis on Chol Hamoed 2 345
