Medical Ethics: Difference between revisions
From Halachipedia
→Triage
(→Triage) |
(→Triage) |
||
| Line 25: | Line 25: | ||
===Precedence Based on Horiyot=== | ===Precedence Based on Horiyot=== | ||
#The Mishna Horiyot 3:7 delineates a certain protocol of precedence when several people are in mortal danger and not all of their needs can be met. Most poskim accept that this Mishna is binding today.<ref> | #The Mishna Horiyot 3:7 delineates a certain protocol of precedence when several people are in mortal danger and not all of their needs can be met. Most poskim accept that this Mishna is binding today.<ref> | ||
* The Mishna Horiyot 3:7 states that a man is given precedence before a woman for sustenance. It also gives precedence to a Kohen before a Levi, then to a Yisrael. There is a dispute whether this is applicable to a case of life and death or only food where there's no mortal danger. Bet Yosef 251:8 explains that it is referring to giving precedence even in cases of mortal danger. | * The Mishna Horiyot 3:7 states that a man is given precedence before a woman for sustenance. It also gives precedence to a Kohen before a Levi, then to a Yisrael. There is a dispute whether this is applicable to a case of life and death or only food where there's no mortal danger. Bet Yosef 251:8 explains that it is referring to giving precedence even in cases of mortal danger. Beer Sheva (Horiyot 13a s.v. ha'ish) quotes Tosfot Nazir 47b s.v. vhatanya as a proof to the Bet Yosef. Shevet Halevi 10:167:1 agrees. Rama 252:8, Taz 252:6, Shach 251:11, Yavetz 1:68, Pitchei Teshuva 252:7, Birkei Yosef 252:1, and Aruch Hashulchan 252:13 codify and agree with the Bet Yosef. However, the Rashba Ketubot 67a, Meiri Horiyot 12b, and Levush 252 understand the mishna to be dealing with sustenance and not cases of mortal danger. Mareh Panim Horiyot 3:4 shows that the Yerushalmi explains the mishna in terms of food and not mortal danger, however, Meromei Sadeh 13a answers his question. | ||
* Shevet Halevi 10:167:1 writes that everyone agrees that in a case of mortal danger we follow the order of precedence in the Mishna Horiyot before for man before woman as well as kohen, levi, and then yisrael. Erech Chaim Bhalacha v. 6 pp. 284-287 quotes most poskim as holding of the Mishna Horiyot 13a as binding for giving precedence when dealing with triage: Chazon Ish (B"m 62a, Likutim 20), Igrot Moshe CM 2:75:2, Minchat Shlomo 2-3:86:1, Rav Kook in Mishpat Kohen 143 and Rav Elyashiv. | * Shevet Halevi 10:167:1 writes that everyone agrees that in a case of mortal danger we follow the order of precedence in the Mishna Horiyot before for man before woman as well as kohen, levi, and then yisrael. Erech Chaim Bhalacha v. 6 pp. 284-287 quotes most poskim as holding of the Mishna Horiyot 13a as binding for giving precedence when dealing with triage: Chazon Ish (B"m 62a, Likutim 20), Igrot Moshe CM 2:75:2, Minchat Shlomo 2-3:86:1, Rav Kook in Mishpat Kohen 143 and Rav Elyashiv. | ||
* However, Tzitz Eliezer 18:11:1-8 writes that we don't give precedence of a man before a woman today. This is on the basis of the Meiri and Rashba above and explains this as the opinion of the Rambam and Shulchan Aruch. He says that it all depends on how many mitzvot they accomplish and since it is a fixed standard policy it is left up to the decision of those involved in saving. | * However, Tzitz Eliezer 18:11:1-8 writes that we don't give precedence of a man before a woman today. This is on the basis of the Meiri and Rashba above and explains this as the opinion of the Rambam and Shulchan Aruch. He says that it all depends on how many mitzvot they accomplish and since it is a fixed standard policy it is left up to the decision of those involved in saving. | ||
