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         Kanievsky, showed me that the Mishnah Berurah (ibid. 78) writes:
         “This is speaking about a person who transgressed unintentionally
         or even on purpose by digging a hole to hide money from marauders,
         or something similar. However, a person who deliberately desecrates
         Shabbos in order to fulfill his desires requires much greater atone-
         ment, for he is liable to be stoned to death, or at any rate to incur the
         kareis penalty, therefore he needs full repentance.” These comments
         are surprising for it appears that a person who desecrates Shabbos
         in order to protect his money does not incur death by stoning, [even
         after having been forewarned – similar to the person who desecrates
         Shabbos “deliberately, in order to fulfill his desires” who only incurs
         the death penalty when he was forewarned] and this is astonishing,
         for there is no piku’ach nefesh involved. Perhaps the reason [for
         exempting a person who deliberately desecrates Shabbos to rescue
         his money] is because he is considered an annus, because not every
         person is capable of withstanding the huge test of losing all his assets
         [rather than desecrate Shabbos]. At any rate, even if we do not accept
         this novel assertion [of the Mishnah Berurah] that even after having
         been forewarned he will be exempt from stoning, it’s still possible that
         he will be exempt from kareis, which is inflicted by Heaven.

            According to this, if aforementioned patient himself desecrates
         Shabbos in order to spare himself tremendous suffering, he will be
         exempt from punishment because he is an annus. We find in Tosfos
         (Kesuvos 33b, s.v. ilmalei) that there exist types of sufferings that are
         worse than death, and if they would have inflicted unlimited torture
         upon Chananiah, Mishael and Azariah they would have been allowed
         to serve the idol in order to be avoid torture. Although halachah re-
         quires that a person be killed rather than worship an idol, terrible
         suffering is worse than death and they would therefore have been
         considered annusim.

            But only the patient himself will be exempt for desecrating Shab-
         bos because he is considered annus, not another person who is not an
         annus. Similarly, the gemara in Yoma (85a) states, “Rabbi Yishmael
         and Rabbi Akiva were once going somewhere together and the ques-
         tion was asked of them, ‘How do we know that piku’ach nefesh sets

386  1  Medical-Halachic Responsa of Rav Zilberstein
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