Page 304 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 304 - 10-Front 21-10-31

because he should have conducted himself as stated by the gemara in
maseches Sukkah (25b): “He should have calmed himself.” He should
have made the reckoning that at worst he would be incarcerated for a
year and that it is not worth losing good years on account of a single
year of distress. He should also have notified his questioners that he
was feeling unwell and could not endure the interrogation.

Reuven, who was rich and powerful, quarreled with his neighbor
Shimon, who was poor, and built a wall blocking Shimon’s windows
and darkening his apartment. Upon seeing that Reuven was out to
harm him, Shimon cried and pleaded to the other neighbors to ap-
peal to Reuven to remove the harm he had done him, for he was very
distressed and upset. Their words had no effect; the wall stayed up
and Reuven hardened his heart and would not acquiesce. The next
day Shimon took ill with a heart attack and passed away a few days
later. Reuven then came to ask whether he needed atonement for
bringing about Shimon’s death.

The question was asked in the sefer Mishneh Halachos (6, 315)
where it is written: “He is certainly not considered a murderer, for
even when one person strikes another one and ruins his health, if
the victim recovers and gets up and goes outside (Shemos 21:19), the
attacker is cleared.” However, it must still be considered whether Re-
uven is considered to have caused Shimon’s death, for which he would
need atonement. To this he responds:

“Reuven bears no guilt, because Shimon was negligent in regard to
himself by getting so upset that he suffered a heart attack. The gemara
says in maseches Kiddushin (24b),“The Rabbanan learned:‘If a master
struck his servant on his eye and blinded it, or on his ear and made it
deaf, the servant goes free. [However,] if he struck near his eye and he
can no longer see [He struck the wall and startled him with the noise
and he can no longer either see or hear – Rashi] the servant does not
go free.’ Rav Shemen asked Rav Ashi, ‘Does this mean that a [loud]
sound is considered nothing? Why, Rami bar Yechezkel learned: “If a
rooster put its head inside a glass vessel and crowed into it and broke
it, its owner is liable to pay full damages”?!’ He told him: ‘A person is
different; since he has intellect, he is considered to have frightened

288 1 Medical-Halachic Responsa of Rav Zilberstein