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the Avnei Nezer. There, the process of danger has not yet started. It 13 the proper path, because, had it occurred after that, he probably
is possible that the third baby does not suffer from any illness, and would not have “disgraced himself ” so much. The words of the
the circumcision will not endanger him. And even if his life becomes Tosfos imply that Reish Lakish’s act is not considered an act of
endangered, one can hope he will be saved by the same remedy that suicide but merely a disgrace.
cured his brothers. Therefore, the Avnei Nezer determined that he Were it not for the holy words of the Imrei Eish, one could reject
should be circumcised. his proof of an optional war, and say it is a special allowance for a king,
Also in our case, regarding the fourth childbirth, there exists the who has the right to go to war. The Chasam Sofer, (Orach Chaim #208)
same doubt of a doubt: 1. Perhaps her uterus will not tear, as it did questions how Am Yisrael said to Yehoshua (Yehoshua 1:18): “Whoever
not in seventy percent of such women in childbirth, in which case rebels against your commandment and does not listen to your words
there is no danger. 2. It is possible that her life will be saved and she shall be put to death.” Where do we find in the Torah that a king has
will recover. the right to put a person to death? It only says (Devarim 17:15): “You
It seems to me to that we can add to the words of the Avnei Nezer shall set a king over you, that you shall revere him.” Where does it
that if blood tests reveal that the baby suffers from the same disease as say that a king can put people to death? The answer is based on the
his brothers, it is prohibited to circumcise him since only one doubt Ramban, who comments on the verse (Vayikra 27:29): “Every human
13 remains: perhaps, this baby, too will be saved as were his brothers. It 13 booty which shall be captured, shall not be ransomed; he shall surely
is prohibited to circumcise him based on only one possibility. be put to death.” He explains that the passuk is not to be understood
according to the simple meaning, but rather as follows: If any prince
The second explanation: An additional reason to allow a woman in Israel, and all the more so, if all of Israel, agrees to excommunicate
to undertake the possible danger of a fourth pregnancy after three or ban something, then anyone who violates the excommunication is
Caesarian sections, is: It is possible that although we do not follow put to death.
the law of the majority in pikuach nefesh and it is prohibited to place The Chasam Sofer continues and says that the words of Shmuel,
oneself even in a slight possibility of danger, this applies only to per- that “the law of the land is the law,” are also based on his opinion in
forming a mitzvah or the like. For example, a person is forbidden to Tractate Shevuos (35b), where he writes: A kingdom that kills one of
put himself into danger by fasting on Yom Kippur, since the Torah six at random will not be punished. This is because this is part of the
values the life of a Jew, and one Jewish life is more beloved to Hashem power of the king. As it says (Shmuel 1, 8:11): “This will be the law of
than mitzvos. However, if a woman wants to rely on a majority and the King… he will take your children and put them in his chariot and
ignore the minority of danger in order to bring another Jew into the horsemen.” According to this, it is possible that when one volunteers
world, it is permitted. This is because the whole reason the Torah to go out to war, there is an element of suicide involved. When David
prohibits putting oneself into possible danger is because of the great HaMelech went out to an optional war this was based on a special
value placed on every Jewish life, and here, by becoming pregnant, the allowance given by the Torah to the king.
woman will bring a Jewish life into the world. If so, it seems reason- In any event, the Imrei Eish clarifies that it is permissible for a per-
able to say that she is permitted to rely on the fact that the majority son to expose himself to danger equivalent to that of going to war. It is
of women in their fourth pregnancy after three Caesarean sections difficult to surmise the exact extent of danger involved in going out to
survive. war. It’s possible that according to the Imrei Eish, if the danger is not
Further clarification can be found in the Sefer Migdal Oz (Otzar greater than sixteen percent, which is one sixth, then is permissible.
Hatov, Even Bochen #1:85) who writes that clearly, a person is not
378 1 Medical-HalacHic Responsa of Rav ZilbeRstein Undertaking danger in order to save a life 2 371
