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judges to rule on bodily damage, as explained in the Shulchan Aruch
(Choshen Mishpat #1:2). The governments have instituted that every
driver purchase insurance for himself so that if he is obligated to pay
compensation for an accident he does not collapse financially. Thus,
automobile insurance is basically for the benefit of the person who
caused damage to another. If he decides not to involve the insurance
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company, he alone will be obligated to pay for the damages. So the 56 AMPUTATING A LIMB FOR
insurance company is essentially obligated to the damager, and not to FINANCIAL GAIN
the damaged person. Therefore, if he asks for less than what is coming
to him, the insurance company does not have to pay him more. They
are not guilty of theft, as they have no responsibility towards him at
all. If the damaged party doesn’t sue the person who caused the acci-
dent for more, then there is no theft involved here at all. As explained 1 Question
above, in a case like this the judge or, in our case, the physician, is not
obligated to enlighten the damaged party as to his rights. All this is in If a person is wounded or needs to have a limb amputated due to ill-
light of the Nesivos above. ness, according to the laws of disability and rehabilitation, he receives
The Aruch Hashulchan (there #19) explains the words of Rama as disability payments from the government and insurance companies
follows: till the end of his days. The amount of the permanent stipend is
calculated according to the remaining centimeters of the amputated
If Reuven is suing Shimon for a certain amount of money, limb. Were he to ask the doctor to amputate another centimeter or
and the judge feels that he is entitled to more, he should two even if that were medically unnecessary, it would translate into
not make Shimon pay more than Reuven’s demand. A per- more money for the rest of his life.
son tends to demand as much as he can and not to forgo Is he permitted to amputate additional centimeters, and is the
his money. Since Reuven did not claim more himself, it surgeon allowed to perform the procedure?
seems logical that he is not entitled to more than his claim.
Perhaps he himself owes the difference to the defendant,
or perhaps he forgives him for some other reason. There- 1 AnsweR
fore, if the judge ruled that the defendant pay more than
what the claimant requested, he must retract his verdict... There is no room for this question, because it is clear as day that it
Only if the judge is absolutely certain that the claimant is is forbidden to do this. It is hard to believe that a Jewish physician
unaware of his right should he inform him… If the judge would agree to the patient’s request. In spite of this, I will spend some
is not absolutely certain, he has to remain silent. time discussing the prohibitions involved.
A private physician was once summoned to deliver a baby and it
According to the Aruch Hashulchan, one has to examine whether in was a very prolonged birth that lasted all night. The physician was
this case it is possible to say that it is absolutely clear that he was worried about what the head of his department would say if he came
unaware of his right to claim more, because he had no way of deter- late to work in the hospital. He decided to perform a Caesarean sec-

308 1 Medical-HalacHic Responsa of Rav ZilbeRstein Amputating a limb 2 289

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