Wednesday, October 29, 2014

The Shvigger Shailo

There was an older woman- a widow, who required dialysis treatment.

There were two options:

a) to do it at home, 4 times in 20-40 minutes slots (daily) or..

b) to do it in the hospital, where it’s done once for a period of 12 hours uninterrupted. (lasts a few days) 

 The hospital treatment is known to be medically inferior. 

The quality of life is far less than if done at home. 

When using the hospital method, life expectancy, is usually also reduced. This widow had a married 

daughter who was a nurse and wanted her mother to move in with her so she can attend her needs 

with the dialysis. Her husband didn’t want his Schvigger to move in the house. 

 Can the wife force her husband to allow her to move in, because of the Lav of לא תעמוד על דם רעך ( ויקרא י"ט ט"ז)?

*Reb Yosef Shalom Elyashuv zt”l Paskened, "since there are two acceptable treatments and you provide one of them, even it is the inferior one, you are not oiver on   לא תעמוד since you are providing an acceptable method of treatment."
Life expectancy, is not to be taken into consideration (re  לא תעמוד )
There are no guarantees for life expectancy.
Therefore the husbands *  שלום בית  takes priority and you
send the Schvigger to the hospital for treatment.

*see Sefer Emuna Ubitachon (Chazon Ish) #3
"ignorance of Halacha  confuses
who is the Rodef and who is the Nirdaf"

קב ונקי # 288

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