Monday, August 28, 2006

Daf Yomi - Yoma 83 - Listening to the Sick Person on Yom Kippur

Daf Yomi - Yoma 83 - Listening to the Sick Person on Yom Kippur

Rabbi Yanai maintains that if a sick person declares that he must eat on Yom Kippur and the doctor disagrees, we listen to the sick person and give him to eat. The rationale for this ruling is that the heart knows the bitterness of its soul and we assume that he does not want to be wicked and violate the prohibition of eating on Yom Kippur. The Shulchan Aruch in Orach Chaim 618:1 rules that even if there are one hundred doctors that concur that the sick person does not need to eat, we still listen to the sick person. Mishna Berurah writes that we must verify that the sick person knows that it is Yom Kippur, because it is possible that he forgot what day it was. The Gemara states further that if the doctor maintains that the sick person must eat and the sick person disagrees, we listen to the doctor and give him to eat. The sick person’s feelings are disregarded because it is possible that he was delirious due to his sickness. Shulchan Aruch in Orach Chaim 618:2 rules that if one doctor claims that the sick person should eat and another doctor disagrees, we give the sick person to eat. The rationale for this ruling is that when there is a doubt regarding saving someone’s life, we rule leniently. Shulchan Aruch in Orach Chaim 328:10 rules that if anyone claims that there is a sickness for which we need to desecrate the Shabbos, we listen to that person even if he is not an expert in the medical field, as we rule leniently when ones life is in danger. Regarding Yom Kippur, however, Shulchan Aruch does not make mention of the need to consult a medical expert. The Rema in Darchei Moshe to Orach Chaim 618:3, however, maintains that a medical expert is not necessary as long as one claims that he recognizes the sickness.

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