The Torah has granted the physician permission to heal,1B.K. 85a derived from the words, ‘And to heal he shall heal’ (Ex. XXI, 19). and it is a religious duty2Ned. 41b, Asheri s.v. רפואת. The apparent contradictory terms ‘permission’ and ‘religious duty’ on explained as follows: True healing is the result of efficacious prayer. But not every person merits such consequences. Man, therefore, has to rely upon natural cures too, through the permission granted the medical man to administer treatment, who in turn is religiously dutibound to perform his duty — TaZ. In this sense TaZ explains the passage in Ber. 60a bot. On the question of cures in the Talmud, cf. R. A. Eger a.l.; M.K. 11a, Tosaf. s.v. כוורא; Kol Bo(G) § I, sec. which comes under the rule of saving an endangered life.3T.H., derived from Yoma 83a-b. Cf. O.Ḥ. § 328, 4. If he withholds [treatment] he is regarded as one who sheds blood;4Derived from Y.Yoma VIII, 5(45b). Cf. O.Ḥ. ibid. par. 2. and even if there is someone else who can heal him; for not from every one does one merit to be healed.5Y. Ned. IV, 2(38c). Nevertheless, on should not occupy himself with medical treatment unless he is an expert and there is none other greater than he; for if not so, he is regarded as one who sheds blood.6This follows a fortiori from all other laws and teachings of the Torah which only an expert is permitted to deal with. Cf. San. 84b; Kid. 82a, Mishna. If one administered medical treatment without the permission of the Jewish Court,7Or nowadays without a medical diploma — A.H. he is subject to payment of indemnities, even if he is an expert; and if he administered medical treatment, having the permission of the Jewish Court, and erred, causing [thereby] injury [to the patient], he is exempt by the laws of man and is held responsible by the laws of Heaven.8Tosef(Ẓ). B.K. VI, 17. This applies only if it was the result of his negligence. Otherwise, he is regarded as not having committed any sin — A.H. If he caused injury intentionally, even after having permission of the Court, he is held responsible by the laws of man — ShaK. If he caused death and it became known to him that he acted inadvertently, he is banished8Tosef(Ẓ). B.K. VI, 17. This applies only if it was the result of his negligence. Otherwise, he is regarded as not having committed any sin — A.H. If he caused injury intentionally, even after having permission of the Court, he is held responsible by the laws of man — ShaK. on account of him.9Tosef. ibid. according to version of N in T.H. Cf. W.G. a.l.
נָתְנָה הַתּוֹרָה רְשׁוּת לָרוֹפֵא לְרַפְּאוֹת. וּמִצְוָה הִיא. וּבִכְלַל פִּקּוּחַ נֶפֶשׁ הוּא. וְאִם מוֹנֵעַ עַצְמוֹ, הֲרֵי זֶה שׁוֹפֵךְ דָּמִים, וַאֲפִלּוּ יֵשׁ לוֹ מִי שֶׁיְּרַפְּאֶנּוּ, שֶׁלֹּא מִן הַכֹּל אָדָם זוֹכֶה לִהִתְרַפְּאוֹת. וּמִיהוּ לֹא יִתְעַסֵק בִּרְפוּאָה אֶלָּא אִם כֵּן הוּא בָּקִי, וְלֹא יְהֵא שָׁם גָּדוֹל מִמֶּנּוּ, שֶׁאִם לֹא כֵן, הֲרֵי זֶה שׁוֹפֵךְ דָּמִים. וְאִם רִפֵּא שֶׁלֹּא בִּרְשׁוּת בֵּית דִּין, חַיָּב בְּתַשְׁלוּמִין, אֲפִלּוּ אִם הוּא בָּקִי. וְאִם רִפֵּא בִּרְשׁוּת בֵּית דִּין, וְטָעָה וְהִזִּיק, פָּטוּר מִדִּינֵי אָדָם וְחַיָּב בְּדִינֵי שָׁמַיִם. וְאִם הֵמִית, וְנוֹדַע לוֹ שֶׁשָּׁגַג, גּוֹלֶה עַל יָדוֹ.
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