Page 473 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 473 - 15-Front 21-10-31

an abortion without the hospital director’s authorization, even if a
replacement would anyway authorize it, the current director would
still transgress lifnei iver.]

However, even according to the Mishneh Lemelech, in the situa-
tion described in the question – where, were the Jewish director to re-
sign [or be dismissed] the management would appoint a non-Jewish
director who would authorize the abortion – [there will be no lifnei
iver]. This is because the mitzvah of lifnei iver is not binding upon
a non-Jew, as explained in Tosfos (Avodah Zarah 15b, s.v. l’akum).
Therefore, neither will the Jewish director violate lifnei iver because
even without him the abortion will take place without lifnei iver being
violated. All the more so according to those authorities who disagree
with the Mishneh Lemelech,9 it is possibly permitted in our case.10

Neither will there be any issue with the rabbinical prohibition
of assisting a sinner in a transgression, for it is explained in Tosfos
(Shabbos 3a, s.v. b’va) that the basis for this prohibition is the obliga-
tion to stop another person from sinning, which is not binding on a
Jew in regard to a gentile.

All this holds true only in regard to a hospital where abortions
are performed on non-Jewish women, but chas veshalom to authorize
abortions on Jewish women contrary to halachah.

ɳ Summary and conclusions

1. It must be considered whether it is forbidden for a
non-Jewish physician to practice“mercy killing” upon a ter-
minal, non-Jewish patient who has requested this. Further
reflection is necessary.

2. It is highly doubtful whether a Jewish hospital director

9. These opinions are cited further on, siman 287.
10. See too earlier, siman 273, that for merely removing a preventative measure it’s

possible that lifnei iver is not violated. According to this, it can be argued that
here too the director’s role in facilitating the abortion is considered to be merely
removing a preventative measure.

Enabling a Non-Jew to Commit Suicide 2 457