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is proper for the physician to try to see the Chanukah candles and is truth. There is a question on the Ramach and the Kesef
hear the blessings from a person who is lighting a menorah, or at least Mishneh, who did not pick up on this.
hear the lighting of the menorah in the synagogue of the hospital. (See
Sha’ar Hatziyun #671:52). According to Mahari Assad, the words of Radvaz also become clear.
The question thus arises: What should a physician do if he is in The Sanhedrin have to learn by themselves the science of medicine
the emergency room and involved in his work, which he cannot leave because any assessment by a physician is viewed as a mere possibility,
because of pikuach nefesh? If he has permission to leave for half an and one cannot impose the death penalty based on that.
hour, should he leave in the evening in order to to fulfill the mitzvah Similar things were written by the Maharam Schick (Yoreh De’ah
of lighting the Chanukah candles, or leave the next morning for Tefil- #155) regarding a woman having difficulty in childbirth. What hap-
lah and the recitation of Hallel. Which of the two mitzvos should he pens if the head of the fetus has protruded, and the physician claims
choose?
that if he does not cut and kill the fetus, both mother and baby will
die? According to Rav Akiva Eiger (Oholos 7:6) it is permissible to
1 AnsweR kill the fetus to save the mother’s life. The Maharam Schick concludes
that Rav Akiva’s words only apply if it is absolutely certain that if
The Chochmas Shlomo deals with this (in the Gilyon of Shulchan the fetus is not killed, both will die. The words of Chasam Sofer are
Aruch, Orach Chaim #683) and rules that one should choose the known (Yoreh De’ah #175). A physician’s assertion is only viewed as a
morning prayers and Hallel and Al Hanissim, which take preference mere possibility. Therefore, one cannot kill the fetus based on this.
to the Chanukah candles. The Maharam Schick concludes by saying that it is possible that if the

 physician says “I am certain that both will die,” the beis din does not
stop him. As explained in Tractate Kesubos (22b) if a woman says: “It
is clear to me that my husband died,” and she marries another man,
beis din does not stop her.
Lighting the Chanukah Menorah in a Public Hall
during an Award-distribution Ceremony The Mahari Assad concludes wondering how the Ramach and Kes-
ef Mishneh did not take into account the words of Rashi in Sanhedrin
1 Question (see above), and the simple explanation that the reason beis din needs
to know medicine is in order to judge a murderer on the basis of an
assessment viewed as absolute.
1. The administration of the kupat cholim (HMO) is about to hold
an award-distribution ceremony for outstanding workers on I heard an explanation of this Rashi from my father-in-law, Rav
one of the days of Chanukah. I was asked to accept the honor of Y. S. Elyashiv zt”l. Rashi writes (Sanhedrin 78a) that an “estimation”
lighting the menorah and reciting the blessing at the ceremony. refers to an assessment made by the beis din. This may imply that beis
I told the person in charge that I need to clarify the halacha. din hears the assertions of various physcians and decides on whom
Is it permissible for me to recite the blessings in a public place they can rely and whose words are not adequately grounded. This is
which is not used as a residence? This does not seem to be the what Rashi means when he refers to an assessment of the beis din. It is
proper setting for the mitzvah, as our Sages decreed that the the decision that comes after the physicians have presented their esti-

344 1 Medical-HalacHic Responsa of Rav ZilbeRstein Shabbos Desecration by a Physician Who Says there is No Danger 2 365

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