Igros Moshe (Choshen Mishpat II #73.3) Question: What is a gosais? Answer I have heard that doctors don’t recognize this category. Perhaps because from the medical viewpoint there is no significance since non Jews are not concerned whether touching and treating causes death and thus don’t prohibit it. There are two reasons for this. 1) They don’t know that it is prohibited to touch a gosais and that touching causes death. Even if they know they don’t care about killing in this manner. 2) In addition killing in this manner might not be prohibited to non Jews as we see in the gemora about Rav Chanina Ben Tradyon and the executioner.The Rambam rules that they are in fact responsible. Thus it is not clear what is the actual halacha to be learned from this gemora. It seems though that killing a gosais is also prohibited to a non Jew even though they don’t care or don’t know nor do irreligious Jewish doctors. Nevertheless a religious doctor needs to avoid touching a gosais. The Chevra Kadisha that exists in every city is aware of this. Therefore doctors in hospitals where people die need to become familiar with this.
In modern times at least, gesisah is a difficult issue.
ReplyDeleteA guy comes in having a heart attack and before he can be fully assessed, he goes into a terminal rhythm. Technically he's now a goses. Do I not try to resuscitate him?
A cancer patient is in his last days but is in terrible pain. He's probably a goses so do we sit there and watch him cry or start an iv and give him pain meds?
It's possible to be a goseis of 1800 years ago and be treated and cured today. Problem is they need to diagnose what is wrong with you. This means all sorts tests, scans etc.
DeleteIn another couple of hundred years things will have advanced even further.
One more thing.
Elisha the prophet found a boy who was goseis or even dead, but he gave him mouth to mouth resuscitation. Brought him back to life.
According to the pshat, the boy was dead so the rules of gesisah didn't apply. But technically since he died within hours of getting sick, he was a goses the whole time and should've been left in the field.
DeleteProbably rules of gesisah not yet been invented. Although, time of death might be inferred from this story.
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