3 minute read
A Short Life Rabbi Gideon Weitzman
RABBI GIDEON
Machon Puah for Fertility and Gynecology in Accordance with Halacha
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WEITZMAN
A Short Life
We continue our discussion on experimental and unproven medication and medical procedures.
What is the halacha regarding a completely experimental drug for which there is no proof that it helps, other than the developer’s claim that it works? While we differentiated between proven and experimental drugs, this is only when they involve a prohibition, such as containing a non-kosher ingredient. But if there is no prohibited ingredient, someone is permitted to take the chance that the drug will heal them.
The source for this is the Gemara (Avodah Zara 27b) regarding the permissibility of going to a gentile doctor. Today, we sometimes ask whether a non-Jewish doctor is trustworthy in relation to halachic questions. For example, can we rely on a non-Jewish doctor who tells someone they have to eat on Yom Kippur?
In the past the problem of gentile doctors was different; there was a real threat that the doctor would kill their Jewish patient. While we can argue as to how serious this threat was, this was a major concern in Talmudic times and the rabbis questioned whether it was permitted to go to a nonJewish doctor.
The rabbis said “if it is a doubt whether he will live or die, one cannot go be healed by them, but if he would definitely die then one can be healed by them”. Rashi
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explains that if the patient may die from their illness but may not, then they cannot go to be treated by the gentile doctor since he will definitely kill his patient. But if the patient has a fatal illness, and in any case he is going to die, then he is permitted to be treated by the gentile doctor, since it is possible that the doctor will treat him and save his life, instead of killing him.
The Gemara asks how the terminally ill patient is allowed to be treated, it is true that he will eventually die, but that could take some time. If he goes to the nonJewish doctor and is killed by him, then he will die much quicker, and one is not allowed to hasten one’s own death.
The Gemara answers that in such a case we do not take into consideration “chayei sha’ah” which can be translated as temporary life. Since the gentile will only shorten his life, it is permitted to go to him.
But do we really not take into consideration even a short amount of life?
More on this next week.
The Puah Institute is based in Jerusalem and helps couples from all over the world who are experiencing fertility problems. Offices in Jerusalem, New York, Los Angeles & Paris. Contact (Isr) 02-651-5050 (US) 718-336-0603 www.puahonline.org
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