Recognizing Our Place

In Parshas Korach, Korach and his supporters attack Moshe for taking too much power and control over Klal Yisroel. A large part of their mistake was that they failed to realize how great Moshe was. Regarding Halacha, a Rabbi is not allowed to rule in the presence of a more distinguished Rabbi. Similarly, the Mechaber tells us (Y.D. 336,1) that a physician may not practice medicine unless he is knowledgeable in medicine; he must be the best doctor present. Furthermore, the Mechaber says that one who transgresses these two principles is considered a murderer. 

The Tzitz Eliezer (Vol. 5 R”R 22) explains that this prohibition does not apply to an instance where the more experienced physician is unable to treat patients or patients who require a defined treatment protocol. However, the Tzitz Eliezer cautions every physician to consult with others in case of doubt. Since the Mishna, Chazal have warned physicians not to be overconfident. Tiferes Yisroel explains the Mishna that states “Tov shebrofim ligehenom (the best of doctors go to hell)” refers only to doctors who consider themselves the best (tov) but not the ones who are good (Kasher) merit great reward for what they do. 

Based on this, the Tzitz Eliezer and Nishmas Avraham decry the practice of some unlicensed professionals who give medical advice or medicine even for themselves. Because of the inherent danger, this is not only a foolish thing to do but is also against Halacha. However, over-the-counter medications where by design they do not require medical expertise, one is allowed to take or assist others to take without sufficient medical knowledge. 

The severity of this Halacha is highlighted in the Sefer Beis Lechem Yehuda (brought in Nishmas Avraham and Tzitz Eliezer), which applies a cherem to one who takes medicine from a non-physician and has the Halachic status of a Meabeid Atzmo Ledaas (one who chooses to “destroy” himself). This Halachic qualification may preclude him from being tended to on Shabbos and other Halachic differences (see Tzitz Eliezer Vol 8, 15 Ch. 4).