618 - תריח דין חולה ביום הכיפורים ובו י"ח סעיפים

618 - The Law of a Sick Person on Yom Kippur - 18 Subsections

1 A sick person who says: "I need to eat" — even though he does not say "that if he does not eat it is possible he will come to danger," but rather, after they informed him that today is Yom Kippur, or he knows by himself that today is Yom Kippur, (and) he says: "Give me to eat," or he says: "I cannot bear the fast on account of illness," and similar expressions, from which his intent is apparent, that even though he knows that today is Yom Kippur nevertheless he wishes to eat — they feed him immediately. Until he says "enough."

Because we do not presume him to be wicked. And ordinarily he senses in himself that he needs this. For the heart knows the bitterness of its own soul. And therefore, even if a hundred physicians say "he does not need to eat," and even if they say "the food is harmful to him" — we heed the sick person. For certainly he needs it — since he knows that today is Yom Kippur and even so he asks to eat.

2 And even if the sick person says: "I do not need to eat," and there is a physician there, even a non-Jew, and he says "that he needs to eat" — they feed him on his word. Provided that he is expert.

And even though the physician does not say "that if he does not eat he will come to danger," but only says "that it is possible his illness will grow heavier upon him" — they feed him. Because we are concerned lest his illness grow heavier upon him and he come to danger.

And even though the sick person himself says "that he does not need" — his statement is not reckoned as anything, that we should be stringent upon him on account of his statement. For perhaps he says so out of a confusion of mind, in that he does not sense his illness on account of great weakness. And in a doubt concerning life we are lenient.

3 One physician says "that he needs to eat" and one physician says "that he does not need to eat" — if the sick person says nothing, or says "I do not know" — they feed him. For in a doubt concerning life we are lenient.

But if the sick person too says "I do not need" — they do not feed him. Since there is one physician who says as he does — we do not attribute his statement to confusion of mind.

4 If the sick person says nothing, or says "I do not know," and one physician says "that he needs to eat," and two physicians say "that he does not need" — they do not feed him — because the words of one do not stand in the place of two.

And if the one is outstanding in wisdom against the two who say he does not need — we take his words into account to be lenient, and to feed him. Since it is a doubt of danger to life.

5 But if two physicians say "that he needs to eat," even if a hundred say "that he does not need," and even if the sick person too says "that he does not need" — they feed him.

And even if those who say he does not need are more expert, and they are outstanding in wisdom against these two — in a doubt concerning life we do not follow the greater wisdom, nor the greater number of opinions, to be stringent.

Rather, since two say "that he needs to eat," and they are expert in the science — behold they are regarded as outstanding scholars.

As we find regarding testimony, that two are regarded as a hundred, by decree of Scripture.

6 If the physician is a woman or a non-Jew — behold this one is like a valid Jew with regard to this matter. Both to be lenient and to be stringent. And he is believed to contradict a valid Jewish physician. And in the manner that has been explained.

7 If the sick person says "that he does not need," and the physician says "that he does not know whether he needs to eat," in that it is possible there is no concern or doubt at all that his illness will grow heavier upon him on account of the withholding of eating — they feed him.

Because if the physician had said "that it is known to him that there is a concern of doubt in the matter, that perhaps his illness will grow heavier upon him," they would have fed him — therefore now too, when he is in doubt about this, they feed him. For in every doubt concerning life we follow the lenient view. Even with several and several doubts.

8 But if the physician says "that he does not need," and the sick person does not know — they do not feed him. Because the "I do not know" of a sick person is nothing — for most sick people do not know and are not expert in their own illness.

But if the sick person is himself also an expert physician, and he recognizes his illness, and says "I do not know whether I need to eat on Yom Kippur" — they feed him. Because had he said "I need," they would have fed him; therefore now too, when he says "I do not know," they feed him out of doubt.

9 And if the physician says "that he does not recognize his illness" — behold he is like any other person. And his words carry no weight when he says "he needs," or when he says "I do not know" — that he should eat on his word.

And likewise when he says "he does not need" — his words carry no weight at all.

And if the sick person (says "I do not know"^[1] or the sick person) says "I do not need," and one physician says "he needs"^[2] — they feed him. And we pay no attention to the words of this physician who says he does not need. Since he does not recognize the illness.

10 Even in a place where there are no expert physicians to assess whether he needs to eat — nevertheless, if he has become greatly weakened, until it appears to most of the people who are with him that he is in danger, they feed him.

11 If the sick person knows in himself that he needs to eat, and is stringent upon himself and does not eat — concerning him Scripture says: "And surely your blood of your souls will I require," etc. (Bereishis 9:5).

12 In every case where it is permitted to eat and he does not wish to eat — they feed him against his will.

13 When they feed the sick person who does not say "I need to eat," and they feed him on the word of experts; and likewise when they feed the pregnant woman who smelled food and her face changed; or any person whose face changed from the scent of the food and whose mind was not settled by tasting the gravy; and likewise when they feed the woman who gave birth who does not say "I need to eat," such as within three days of her birth —

— all of these they feed little by little, so that it should not combine to the measure explained in siman 612, for which one is liable to kares and to lashes — in order to lighten from upon them, from a prohibition of kares and lashes to a prohibition alone.

Therefore they feed him at first less than a kikoseves, that is, about two thirds of a medium egg or a little more. Only that it should not be close to a k'beitzah, for that is the measure of a kikoseves.

And afterward they wait the time of eating four eggs. And at the least they should wait the time of eating three eggs. (See siman 612.) And they go back and feed him the measure of the first feeding.

14 And as for the drinking, they should examine in the sick person himself how much it is, such that he should move it to one side and it should appear as a mouthful. And they give him to drink less than that measure. And they wait the time of eating four eggs. And at the least they should wait the time of eating three eggs. And at the very least they should not go below the time of drinking a revi'is. (See siman 612.) And they go back and give him to drink the measure of the first drinking.

And if the physicians assessed him, or other experts (such as with a woman who gave birth, for most women are expert in their own needs and have credibility, as is written in siman 330), that these measures do not suffice for him, or they were in doubt about the matter — they feed them and give them to drink all their need immediately, according to what the experts say.

15 But if the pregnant woman, or the woman who gave birth within seven days, or the sick person knows in himself that they need to eat — then we are not exacting with them regarding all these measures. Rather they place food before them and say to him: "It is Yom Kippur, and if you know, or it is in doubt for you, that perhaps there is a concern of danger if you do not eat the full measure — eat the full measure. And if not — eat less and less than the measure." And he will eat according to what appears in his eyes.

16 One who is seized by bulmus — and it is an illness that comes on account of hunger, and its sign is that his eyes grow dim and he cannot see — they feed him until his eyes light up. And if there is no permitted food there — they feed him forbidden food.

And if there are here two kinds of prohibitions, one more severe than its fellow — they feed him the lighter one first — for perhaps this alone will suffice for him.

17 If he needs meat, and there is here an animal that they would need to slaughter and meat of a neveilah that is ready — see siman 328^[3].

18 A sick person who ate on Yom Kippur and whose mind became settled in such a manner that he is able to recite Birkas HaMazon — must mention Yom Kippur in Birkas HaMazon. That he should say "Ya'aleh V'Yavo" in Boneh Yerushalayim. And if it fell on Shabbos — he should say "Retzeh" as well. But he need not break bread over two loaves. And he also need not make kiddush over wine, nor over bread. Because the Sages did not institute these things on Yom Kippur.

Notes

^[1] "the sick person says 'I do not know'" — It would seem that his writing "the sick person says he does not know" in half-parentheses is because: in such a case, even where the physician recognizes his illness and says he does not need, and says the opposite of another physician who says he does need, we learned above in se'if 3 that "they feed him." If so, there is no novelty here in saying that when he does not recognize the illness and says he does not need, we pay no attention to his words?

For only when the physicians are divided in their opinions, and the sick person too says "I do not need," did we learn there that they do not feed him. And in this he introduces something new here: that when the physician who says "he does not need" does not recognize his illness, we pay no attention to his words, and we feed the sick person.

And therefore in the body of the text he wrote the ruling that contains the novelty, namely when "he says he does not need."

However, since the ruling is the same also when "he says I do not know," he placed that inside the half-parentheses — that in this too we do not listen to him, even though it is obvious from the above. ↑

^[2] "and one physician says 'he needs'" — and the physician who does not recognize his illness says: he does not need. ↑

^[3] "siman 328" — se'if 16. ↑