The Origins of the Commandments to Heal
It was previously established (Parshas Shlach) that God grants a physician permission to heal. Additionally, to the permission God gave us, the Torah requires that a knowledgeable physician is commanded to heal (Toras haAdam, Sha’ar haSakana). So much so that the Shulchan Aruch says (Y.D. 336:1), “If [a doctor] withholds treatment, it constitutes murder.” Moreover, the Talmud (Nedarim, 41b) says that even a person who vows not to derive any benefit from a physician, a physician is commanded to heal him still because a person is prohibited from stopping someone else from doing a mitzvah.
To clarify, the Torah brings down, in four different places, the commandment for a physician to heal the sick.
Va’ Hasheivoso Lo (And you shall return it to him) (Devarim 22:2)
v’Chei Achicha Imach (Vayikra 25:36)
v’Ahavta l’Rei’acha Kamocha (Vayikra 19:18)
Lo Sa’amod Al Dam Rei’echa (Vayikra 19:16)
And you shall return it to him obligates every jew to help his fellow jew. The Rambam (See Rambam assertation on Sifri 223) includes this to mean body as well. This would obligate a doctor to heal a person’s body when he is suffering. When a person’s life is in danger, the Torah says, “Your brother shall live with you,” which would command a doctor to save someone’s life through medical treatment.
The Tzitz Eliezer brings down (Kuntres Ramat Rachel, 5:21) the verse, “You shall love your fellow like yourself,” as part of the commandment that requires a physician to heal. He derives this from the story of when Rav Papa had a thorn.
“As he writes in the context of [the episode of] R’ Papa who did not allow his son to remove a thorn from his body: It is possible to say that although one who wounds his fellow while treating him is exempt [from punishment] and [fulfills] the Mitzva of, “You shall love your fellow like yourself”, nevertheless, since there was somebody else [who could treat R’ Papa], he did not allow his son to do this lest he wound him more [than necessary and violate the prohibition of wounding one’s father]…”
Tosfos haRosh (Brachos 60a) cites the Ri of Orleans, who holds that the source for the obligation to heal is the Pasuk: “Do not stand [idly] by the blood of your fellow” (Vayikra 19:16). This is also evident from Maseches Sanhedrin (73a), although there it refers specifically to cases of Pikuach Nefesh.
One note to clarify is the question of why God needs to give ‘permission’ for a physician to heal when He commands the physician to heal either way. One answer is that the permission the Torah granted is regarding charging for one’s services. The Tzitz Eliezer approach is that no explicit sources exist that obligate the practice of medicine. As delineated above, the Mitzvos are derived from general sources regarding caring for another person. Therefore, since there may have been reasons to forbid Refua (see Rashi and Tosfos quoted in last week’s essay), the Torah had to explicitly grant permission to practice medicine. But once permission was granted, Refua was included in the general Mitzva of saving lives.
Adapted from medicalhalcha.org