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rather the inheritance should go to the next in line. (See Sefer Devar 1 AnsweR 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:01 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:01 | SR:-- | Black 20818_efi-ab - 20818_efi-ab
Yehoshua, Part 1 #100, who concludes that this is the halachah.)
When I told all this to my father-in-law, Rav Yosef Shalom El- The Shulchan Aruch (Yoreh Deah #336:1) rules: If he healed without
yashiv zt”l, he disagreed. He said as follows: permission of a beis din [i.e. without a license to practice medicine]
We need to explain the words of the Rambam that “a rebellious son and made a mistake and caused damage, he is obligated to pay. If he
is like all people killed by a beis din, whose assets go to their heirs.” was licensed by a beis din, he is exempt in a human court but held
This is obvious, so what is the message? A rebellious son did not accountable by the Heavenly Court. The Chadrei De’ah explains
actually do a sin deserving of death, but rather he was put to death (ibid.) that “It is clear that all these laws, whether regarding a physi-
because of what he may have become, and therefore, one could say cian licensed by a beis din or not, apply only if he works for pay. If an
that he is like harugei malchus, those killed by the government. It is expert physician does his work for nothing, he is certainly completely
the king’s job to guard his country from thieves and thereby have him exempt and he has no obligation even in a Heavenly Court and even
killed as a potential thief. As the Ramban states in his commentary on without a license from a beis din.”
the Torah (Devarim 21:18), the rebellious son is not killed because of According to this, an expert physician who healed for nothing
the severity of his sin but so that he not make trouble for others. If he is exempt from paying for accidental damages that occurred, both
is truly in the realm of harugei malchus, then his inheritance belongs by a human and a Heavenly Court. While the Chadrei Deah refers
to the government. To reject this theory, the Rambam rules that he is to payment for damages, in this case, the physician killed a person.
like all those put to death by a beis din. However, the Rosh (Sanhedrin 4:5) clarifies that the reason the expert 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta
The intent of Radvaz in his question is as follows: Why does the judge is exempt (if he makes a mistake) is because he is viewed as #20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:02 | SR:-- | Black 2081
Rambam conclude that “although his father caused him to be stoned an anuss. This is because “he is an expert and should not have made
to death he still inherits all his assets?” Should we confiscate the in- a mistake but his mazal caused it.” If so, he probably also exempt as
heritance because the father caused his stoning? an anuss from being exiled to a City of Refuge. (Had the physician
He answers that because of “And you shall be irreproachable,” there received payment, this act would have been viewed as negligence and
was room for the Sages to decree that his assets belong to the govern- perhaps he would have been liable to exile.) We can also add that
ment - since his death could also be viewed as caused by the govern- this may be viewed as an error that occurred while in the midst of a
mitzvah and he would thereby be exempt.
ment, in order to protect society. And therefore, our Sages might have
decreed that the inheritance be taken away from the father and given
to the government. But we learn here that nonetheless, our Sages did
not decree this. 1 SuMMaRy and Conclusions
Therefore, in our case, where the physician is suspected of inject-
ing his wife with an overdose in order to inherit her possessions, 1. One should not dismiss a physician for making one mistake.
this woman was not killed because of the law of the kingdom, and
certainly her assets go to her heirs (her husband). The government 2. One should not slander the physician unless it was seen, first-
has nothing to do with her inheritance. hand, that he made a series of errors, and he is recognizably
Furthermore, in the case of the rebellious son, had the Sages de- arrogant.
creed right from the beginning that his assets go to the government, 3. If a physician killed a person while driving his car and was sen-
178 1 Medical-HalacHic Responsa of Rav ZilbeRstein Died during a dental procedure 2 163
