Teshuvos Maharshal (#3) Question Is it permitted for a sick person to consult with witches through non Jews? Answer This has already been answered by the Terumas HaDeshen who wrote that asking witches and diviners is not explicitly prohibited. The Torah only prohibited Ov or Yedoni since that is very severe but it doesn’t apply to other type of witches or diviners even as a chumra as can be seen from the gemorah in Yevamos concerning the death penalty for a witch and it doesn’t learn the halacha from Ov and Yedoni. It would seem that the prohibition is solely because of Tamim Teheyu as the Rambam writes. He claims that it appears from his words that there is no actual prohibition. With all due respects I think he misread the Rambam who says elsewhere that it is prohibited to ask a diviner and he receives makos mardus while the diviner who did an act of divination receives regular makkos. Obviously he holds that both violated a prohibited act. The asker since he didn’t do an act receives Makkos mardus. We learn this from Shaul’s asking the diviner and the gemora says it was a violation of Tamim teheyu. But that is only to believe completely in them and they are called fools. Even so the Ranbam states that only if they follow the advice of the diviner do they receive makkos. I have found that the Ramban claims that only Ov and Yedoni are prohibited to be asked by the Torah and not other types of diviners. He says asking other types of diviners is prohibited by Tamim teheyu as was the case of Shaul. It would seem that any sick person is not prohibited to consult a diviner according to the Rambam.. The verse of Tamim teheyu is to simply have faith in G-d and have trust in Him engraved in the heart, therefore a sick person need not be strict in the prohibition. However since the basic prohibition is because divination of all types is nonsense and stupidity and lacks a real basis,it should not be permitted at all to consult a diviner because of Tamim teheyu. So if the sick person is in danger it should be permitted even according to the Rambam since the diviner sometimes says things that are true. We say even a doubtful lifesaving permits transgressing Shabbos which would result in capital punishment so surely our case is permitted. However if he is not in danger it is not permitted even if he might lose a limb. Nevertheless there are times to permit it even when there is no danger to life but only to a limb. This is in cases where it is known that the sickness was caused by witchcraft or evil spirit it would be permitted to consult a diviner according to the Rambam. In these matters, most witches or diviners are knowledgeable and can provide genuine help possibly even according to the Rambam. And it is possible to say that the Torah did not prohibit diviners in that case where their only purpose is to drive away the evil spirit. The Torah seems to have only prohibited asking them or to pursue them and to believe in them but the gemora permits nullifying witchcraft with witchcraft and surely through a goy. But all this does not apply to a normal sick person who is not in danger. In fact there is no leniency for him at all.
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