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medications in order to save life, it will be forbidden to steal medi-
cation to heal the patient in our case because even though “the Torah
exempts a person who is who sins from compulsion,” this applies only
to sins between man and Heaven but not to stealing another person’s
money because of compulsion. [The Binyan Tzion (171) writes sim-
ilarly that in the passuk “And he shall live by them” the Torah only
writes, “And you shall observe My statutes and My judgments which
a man shall do and live by them” – and not die by them. This is only
said of Hashem yisbarach’s statutes and judgments but of the inter-
personal mitzvos.8]



A Dangerously Ill Patient who Asks for Water,

when Drinking is Liable to Hasten his Death

ɳ Question

There was a case involving a patient with severe lung disease (emphy-
sema), who developed gangrene in his leg that endangered his life. In
addition, his leg was swollen owing to his lung condition and to the
accompanying cardiac disease. The treatment options were:

1. Amputation of the leg – but it was near certain that the patient
would not survive the surgery.

2. Attempting to overcome the gangrene through the following
conservative measures:

a. Keeping the leg elevated by having the patient lie down with his
leg raised – however the patient’s cardiac and lung disease prevent
implementation of this solution.

8. For further discussion of the Binyan Tziyon’s comments see earlier, siman 129,
regarding conducting tests for scientific advance without the donor’s consent.
See also earlier, siman 152, regarding dissecting a body for the purpose of criti-
cizing the medical treatment

388 1 Medical-Halachic Responsa of Rav Zilberstein