Skip to main content

Thought for the Day: Why We Need Permission to Let a Doctor Heal Us

Here's the scene.  The NASA computer system is down and the space station (with full a full crew) is out of control.  Without ground control guidance, the space station is in danger of either flying off into space or spiraling down into the atmosphere; death for the crew by freezing or incineration -- neither very attractive.  The janitor, seeing all the commotion, speaks up to the assembled scientists and engineers: "I am pretty good with machines; I've keep our washing machine and vacuum cleaner going for years!  Let me try a few things."  I am not a betting man, but odds are that they'll call security before letting that lunatic anywhere near the computers.

So why do you let a physician near you?  Your body is orders of magnitude more complex than the world's most sophisticated computer system, and much more poorly understood.  The most brilliant minds in the world know a bare fraction of what's going on in the human body; much, much less than that janitor knows about computers.  That, said R' Avigor Miller, ztz"l, is why the Torah has to give us permission to heal.  R' Miller was saying this derech mussar/d'rush about why you have permission to let a doctor work on you. 

There is another side to that question, though: how does the doctor himself have permission to work on you?  There is at least an issur of tza'ar ba'alei chaim, after all; yet we take it for granted that a doctor has a right to poke you, cut you, give you noxious potions, make you wear a silly gown with no back, and even send you a bill.  Where do they get that right?

The Torah tells us that when one Jew damages another, the assailant  is required to pay for the actual damage, lost wages, pain, embarrassment, and medical bills.  How do we know he must pay medical bills?  The words "v'rapo y'ra'pei"/he [the assailant] shall surely heal [the victim] (Shmos 21:19).  Since the assailant must pay the victim's medical bills, obviously a doctor is allowed to heal and charge for that service.  In addition to that requirement to pay medical bills, however, these words address a deep philosophical question.

The Yeshiva of R' Yishma'el taught: the words "v'rapo y'ra'pei" (Shmos 21:19) grants permission to a physician to heal (Bava Kama 85a).  If permission is being granted, it means that there is a default assumption that this should be forbidden.  Why in the world would it be forbidden to heal someone?

Rashi says that the "permission" here really means to prevent one from saying, "G-d made you sick; only G-d can make you better.".  After all, if the king throws someone in jail, anyone who would spring him is himself committing a crime; unless, of course, he has permission.

Tosafos takes a slight umbrage and says that there are two kinds of damage: (1) one person damaging another, and (2) HaShem making a person sick.  Tosafos says that without this d'rash, I certainly would permit a doctor to work on wounds inflicted by one human being (or his property) on another.  However, without this drash, a disease could be seen as a decree from on High; interfering with that (ie, healing the disease) could be construed as contradicting a heavenly decree.  Hence (according to Tosafos), the Torah needed to give its permission for a doctor to heal diseases.

Comments

Popular posts from this blog

Thought for the Day: Pizza, Uncrustables, and Stuff -- What Bracha?

Many years ago (in fact, more than two decades ago), I called R' Fuerst from my desk at work as I sat down to lunch.  I had a piece of (quite delicious) homemade pizza for lunch.  I nearly always eat at my desk as I am working (or writing TftD...), so my lunch at work cannot in any way be considered as sitting down to a formal meal; aka קביעת סעודה.  That being the case, I wasn't sure whether to wash, say ha'motzi, and bentch; or was the pizza downgraded to a m'zonos.  He told if it was a snack, then it's m'zonos; if a meal the ha'motzi.  Which what I have always done since then.  I recently found out how/why that works. The Shulchan Aruch, 168:17 discusses פשטיד''א, which is describes as a baked dough with meat or fish or cheese.  In other words: pizza.  Note: while the dough doesn't not need to be baked together with the meat/fish/cheese, it is  required that they dough was baked with the intention of making this concoction. ...

Thought for the Day: What Category of Muktzeh are Our Candles?

As discussed in a recent TftD , a p'sak halacha quite surprising to many, that one may -- even לכתחילה -- decorate a birthday cake with (unlit, obviously) birthday candles on Shabbos. That p'sak is predicated on another p'sak halacha; namely, that our candles are muktzeh because they are a כלי שמלאכתו לאיסור and not  מוקצה מחמת גופו/intrinsically set aside from any use on Shabbos. They point there was that using the candle as a decoration qualifies as a need that allows one to utilize a כלי שמלאכתו לאיסור. Today we will discuss the issue of concluding that our candles are , in fact, a כלי שמלאכתו לאיסור and not מוקצה מחמת גופו. Along the way we'll also (again) how important it is to have personal relationship with your rav/posek, the importance of precision in vocabulary, and how to interpret the Mishna Brura.  Buckle up. After reviewing siman 308 and the Mishna Brura there, I concluded that it should be permissible to use birthday candles to decorate a cake on Sha...

Thought for the Day: אוושא מילתא Debases Yours Shabbos

My granddaughter came home with a list the girls and phone numbers in her first grade class.  It was cute because they had made it an arts and crafts project by pasting the list to piece of construction paper cut out to look like an old desk phone and a receiver attached by a pipe cleaner.  I realized, though, that the cuteness was entirely lost on her.  She, of course, has never seen a desk phone with a receiver.  When they pretend to talk on the phone, it is on any relatively flat, rectangular object they find.  (In fact, her 18 month old brother turns every  relatively flat, rectangular object into a phone and walks around babbling into it.  Not much different than the rest of us, except his train of thought is not interrupted by someone else babbling into his ear.) I was reminded of that when my chavrusa (who has children my grandchildrens age) and I were learning about אוושא מילתא.  It came up because of a quote from the Shulchan Aru...