Listen "Pesachim 111b: איסור כישוף במצב של פיקוח נפש"
Episode Synopsis
Second, R. Shlomo Luria (1510-1574), Yam Shel Shlomo, Chullin 8:13, discusses whether a person in a life-threatening situation can consult a sorcerer for a cure. He suggests that in theory, the question should be contingent on the two approaches. According to Rambam, there is absolutely no purpose in seeking counsel from a sorcerer and therefore, it is prohibited to violate Torah law. According to the other Rishonim, it is permissible to violate Torah law for (almost) all prohibitions and this prohibition is included. R. Luria concludes that perhaps Rambam will agree that it is permissible in a life-threatening situation because there is always a small possibility that the sorcerer may find a cure.
R. Ya'akov of Karlin (d. 1855), Mishkenot Ya'akov, Yoreh De'ah no. 41, presents a different analysis of whether it is permissible to seek treatment from a sorcerer for a life-threatening situation. He notes that there are two issues in seeking treatment from the sorcerer. The first is that one is causing the sorcerer to violate a prohibition of sorcery. Regarding whether this prohibition applies in a life-threatening situation, Mishkenot Ya'akov posits that it is dependent on a dispute in the Gemara (Sanhedrin 56b) as to whether non-Jews must observe the laws of sorcery. If one assumes that they are required to observe these laws, one must conclude that sorcery is considered a form of idol worship. If one assumes that they are not required to observe these laws, sorcery is not a form of idol worship. If sorcery is a form of idol worship, one may not violate the prohibition against sorcery in a life-threatening situation. If it is an independent prohibition, one may violate the prohibition in a life-threatening situation. The second issue is that the "patient" violates the prohibition of "tamim tihiyeh." Mishkenot Ya'akov writes that there are sufficient grounds to be lenient in a life-threatening situation (alluding to R. Luria's analysis). However, he writes that while one can justify seeking treatment from a sorcerer, he would not recommend doing so.
R. Ya'akov of Karlin (d. 1855), Mishkenot Ya'akov, Yoreh De'ah no. 41, presents a different analysis of whether it is permissible to seek treatment from a sorcerer for a life-threatening situation. He notes that there are two issues in seeking treatment from the sorcerer. The first is that one is causing the sorcerer to violate a prohibition of sorcery. Regarding whether this prohibition applies in a life-threatening situation, Mishkenot Ya'akov posits that it is dependent on a dispute in the Gemara (Sanhedrin 56b) as to whether non-Jews must observe the laws of sorcery. If one assumes that they are required to observe these laws, one must conclude that sorcery is considered a form of idol worship. If one assumes that they are not required to observe these laws, sorcery is not a form of idol worship. If sorcery is a form of idol worship, one may not violate the prohibition against sorcery in a life-threatening situation. If it is an independent prohibition, one may violate the prohibition in a life-threatening situation. The second issue is that the "patient" violates the prohibition of "tamim tihiyeh." Mishkenot Ya'akov writes that there are sufficient grounds to be lenient in a life-threatening situation (alluding to R. Luria's analysis). However, he writes that while one can justify seeking treatment from a sorcerer, he would not recommend doing so.
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