Risking Your Life to Treat Others
In this week’s Parsha, Yocheved and Miriam, Jewish midwives, not only ignored Pharoah’s commands to kill every Jewish boy, but they nourished and cared for the infants as well. While Hashem rewarded them with Batim (dynasties) by respectively becoming the matriarchs of priests and kings, it is interesting that they were allowed to risk their lives to save others. Why isn’t this a typical case of the Talmudic rule that when faced with an unresolvable dilemma (in this instance, the death of either the midwives or the child) it is better not to act at all than actively violate one of the mitzvos? Similarly, what allows healthcare workers to expose themselves daily to dangerous diseases and pathogens or army medics to enter combat zones, where they risk their own lives to treat others?
Irrespective of one’s medical expertise, there is a mitzvah to help save someone else’s life. If doing so will cause severe damage to the rescuer, many Poskim rule that while not obligated, it is nonetheless encouraged and praiseworthy to attempt the rescue. However, in healthcare, the poskim cite additional considerations that oblige physicians to treat patients.
Physicians take precautions that change the Halachic perspective on medical treatment from “risking their lives” to “normal routine”. While an ICU physician may be more exposed to various diseases, it is within the realm of daily life, and thus not considered endangering their life against Halacha. Because of this, it is not only allowed, but a fulfillment of the mitzvah to save a life.
Rabbi Wosner rules that a physician is not only allowed to expose themselves to danger, but it is their moral obligation to do so, and failing to do so would be forbidden. The Tzitz Eliezer explains this psak by differentiating between the ordinary responsibility to save someone and the inherent responsibility of medical professionals in hospitals and battlefields. As a society, we not only benefit but rely on professionals whose jobs dictate that they engage some level of risk. Because of the danger posed to society by not having physicians, soldiers, and others who hold the necessary qualifications are obligated to work in their respective fields.
Finally, the Titz Eliezer also cites the Gemara in Bava Metzia that one is permitted to engage in dangerous activity when it is his source of income.
Based on the above, it is evident that a physician is not only allowed to treat contagious patients but performs mitzvos by doing so. The civil and moral obligation that we carry as healthcare professionals is not one to be taken lightly, as evidenced by the precedent set by Yocheved and Miriam who risked their lives to treat others. May our awareness and commitment to others protect us in our professional and personal lives as they did for Yocheved and Miriam.
Shemos 1:17, Sotah 11B
Regarding a case where one is told, “either you kill someone or you will be killed” the Gemara tells us מַאי חָזֵית דִּדְמָא דִידָךְ סוּמָּק טְפֵי? דִּילְמָא דְּמָא דְּהָהוּא גַּבְרָא סוּמָּק טְפֵי (who says your blood is redder, maybe his blood is redder than yours). Meaning, you cannot justify saving one life by killing someone else.
C.M. 436, Chasam Sofer Kesubos 61A, See Radvaz 1052 for a dissenting opinion
Tzitz Eliezer Vol 9 17;5,7
Shu”t Shevet Halevei Vol 8 Y.D. 251;7
112A