RAV Mishpatim: Permission for Doctors to Heal
Medical Fees
Amongst the various laws in the parashah of Mishpatim — nearly all of which are of a societal or interpersonal nature — the Torah sets down the laws of compensation for physical damages. When one person injures another, he must compensate the other party with five payments. He must pay for (1) any permanent loss of income due to the injury, (2) embarrassment, (3) pain incurred, (4) loss of income while the victim was recovering, and (5) medical expenses.
This last payment, that he “provide for his complete healing” (Ex. 21:19), i.e., that he cover any medical fees incurred, is of particular interest. The word “to heal” appears 67 times in the Torah, almost always referring to God as the Healer. Only here, as an aside to the topic of damages, does the Torah indicate that we are expected to take active measures to heal ourselves, and not just leave the healing process to nature.
This detail did not escape the keen eyes of the Sages. “From here we see that the Torah gave permission to the doctor to heal” (Berachot 60a).
Yet we need to understand: why should the Torah need to explicitly grant such permission to doctors? If anything, we should expect all medical activity to be highly commended, as doctors ease pain and save lives.
Medical Fees
Amongst the various laws in the parashah of Mishpatim — nearly all of which are of a societal or interpersonal nature — the Torah sets down the laws of compensation for physical damages. When one person injures another, he must compensate the other party with five payments. He must pay for (1) any permanent loss of income due to the injury, (2) embarrassment, (3) pain incurred, (4) loss of income while the victim was recovering, and (5) medical expenses.
This last payment, that he “provide for his complete healing” (Ex. 21:19), i.e., that he cover any medical fees incurred, is of particular interest. The word “to heal” appears 67 times in the Torah, almost always referring to God as the Healer. Only here, as an aside to the topic of damages, does the Torah indicate that we are expected to take active measures to heal ourselves, and not just leave the healing process to nature.
This detail did not escape the keen eyes of the Sages. “From here we see that the Torah gave permission to the doctor to heal” (Berachot 60a).
Yet we need to understand: why should the Torah need to explicitly grant such permission to doctors? If anything, we should expect all medical activity to be highly commended, as doctors ease pain and save lives.
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