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ɳ Response to Question One

According to what we have learned hitherto, there turns out to be
no way to permit sinning and violating prohibitions in order to
prevent depression and mental decline. We shall now also respond
in this manner to Question One (Dr. Hausfeter’s question), namely
that the patient should be helped by administering tranquilizers and
by having conversations with him that train him in how to grapple
with desires and get the better of them, but not by [endorsing his]
promiscuous behavior.

We find written in the Chasam Sofer (Even Ha’ezer 2, 82) even
more than this. The case concerned a yevamah who fell for yibum
before her late husband’s minor brother. She produced a letter from
a physician stating that if she would be made to wait until the yavam
grew up she would become ill and her life would be in danger. She
therefore wanted to be allowed to remarry without having either chal-
iztah or yibum. The Chasam Sofer responded: Someone who bears
himself like a healthy person, who whispers to the physician, “I have
this pain and that pain,” and the physician forms an opinion according
to what he says – we shall not allow him to violate the Torah [i.e.
to cure whatever he claims to be suffering from]. Moreover, the man
who has relations with her is liable [for cohabiting with a yevamah
who has not done chalitzah] for each and every occasion, yet he was
only allowed to do so in order to save her life – how then can we
estimate how many occasions are necessary for saving her life? It is
thus utterly impossible to allow her [to marry a stranger]. In regard
to our question too we can say, who knows how many masturbations
are necessary in order for him not to be endangered?!

The Chasam Sofer concludes,“We rely on Hashem yisbarach that a
mitzvah observer will not encounter any evil through his observance
of the Torah and its mitzvos,” see there. We echo this sentiment in
response to our question.

There was a case of a young man with hemophilia who contracted
the disease A.I.D.S. (acquired immunodeficiency syndrome) and
was unable to get married in case he infected his wife. He came to

436 1 Medical-Halachic Responsa of Rav Zilberstein