by Rabbi Yair Hoffman for the Sefas Tamim Foundation QUESTION: I have some very expensive medications even after my health insurance kicks in. My Brilinta costs $418.54 for 30 days worth of pills. I can get my American doctor to call the prescription in to a Canadian pharmacy and the pharmacy can ask a Canadian doctor to look it over and they can ship it to the USA. The price for buying Brilinta this way is only $122.89. My Farxiga is $365 per month as a co-pay, but in Canada the whole bill is only $99.76. My Entresto copay in the United States is $639.45. In Canada, the entire cost of it is $139.94. Is this enabling a lie, because I am sure that both AstraZeneca Pharmaceuticals LP who manufactures the first two and Novartis who manufactures Entresto probably made Canada promise that they wouldn’t sell to Americans? ANSWER: There are three issues here. Firstly, is it a violation of American law? Our research shows that it is not. Secondly, is it a violation of US Customs law? Our research shows that it depends on the class of drugs – these three drugs are legal to mail because they are not considered a narcotic. The third issue is are you allowed to purchase something from a gentile who may be in violation of his initial agreement? The answer to the third question is further broken up into two sections and is somewhat complex – the first part involves defining what is called a clear and defined mekach ta’us in the first sale. If that would be the case, then it would be forbidden to do so because the Brilinta and the Farxiga would not belong to the pharmacy. It would seem, however, that in this case – the first party would be fine with the sale because of two factors 1] They know about it anyway and 2] It would be too much of a pain in the neck to stop those sales. The second part involves the issue of Lifnei Iver on lying. WHY NOT SUBSCRIBE? Each week the Sefas Tamim Foundation publishes a parsha sheet with four columns. To subscribe please send an email to the author at yairhoffman2@gmail.com Although there is a prohibition of lifnei Iver regarding non-Jews as well, here there are two mitigating factors: 1] We are not sure if these companies made this arrangement with Canada in the first place, thus rendering it a safaik and thus permissible (see the author’s sefer, “Misguiding the Perplexed”) and also there is a three way debate as to how we understand this pasuk of MiDvar Sheker Tirchak. The Chofetz Chaim rules in his ahavas chessed that there is an out and out prohibition to lie. This is in accordance with the view of many Rishonim. Other Rishonim hold that the verse is merely good advice, but not halacha. A third opinion holds that it is applicable to judges adjudicating law. Generally speaking, the view of the Chofetz Chaim is normative halacha but for gentiles this may not be the case. It would therefore be entirely permitted. There is also a Mitzvah in saving money, when you can. Rabbi Yaakov ben Asher, author of the Tur, in the Choshen Mishpat section of Shulchan Aruch, chapter 35) discusses a person who […]
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