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As brought down in the Tur (Yoreh Deah #336), in the allowed to sue for compensation which will then be used to decrease
name of the Ramban (Toras Haadam), an expert physician his suffering however possible.
who heals with a license from a beis din and caused damage Is this lawsuit halachically justified?
goes into exile. If his error did not become known, he is not
punished at all, but if he erred and the beis din learned of 1
it, although a judge who is licensed by a beis din would be AnsweR
exempt, a physician is not exempt in the eyes of a Heavenly Let us first examine the assertion of the secular courts that some
Court and must pay for the damages. If the patient died as patients would have been better off had they not been born.
a result of the error, the physician is exiled since his error It says in maseches Eruvin 13b: For two–and-a-half years, Beis Hil-
became known and he caused damage or actively killed the lel and Beis Shammai argued. One group said: It is better for man
patient. But a judge is exempt completely, both in a human to be created than not to be created, and the other group claimed it
court and in a Heavenly Court. would have been better for man not to have been created than to have
been created. They discussed it at length and concluded: It would
In short, the Imrei Binah wonders why a physician who errs is exempt have been better for man not to have been created …but now that he
from a human court but is guilty in the eyes of the Heavenly Court, has been created, he should examine his past deeds, and others say he
while a judge who errs is exempt even in the Heavenly Court. should examine his future deeds.

The Imrei Binah proves that a judge, as opposed to a physician, is
completely exempt even in the Heavenly Court. As it says in Sanhe- The Ramchal writes in Mesilas Yesharim (Ch. 1):
drin 33a, Beis Menachem had a cow whose womb was removed, and In truth, no intelligent person can believe that the purpose
Rabbi Tarfon ruled it was a tereifah and fed it to the dogs to fulfill of man’s creation is for the present world, because what
the mitzvah (Shemos 22:30) of “And you shall be holy people for Me, is the life of man in this world? Who is truly happy and
you shall not eat any meat that is torn of the beasts of the field, and tranquil in this world? “The days of our years are seventy
shall cast it to the dogs.” When the Sages of Yavneh heard about years, or if by reason of strength eighty years, and most
the cow, they ruled that it was kosher because Todos, the physician, are travail and sin” (Tehillim, 90:10). [One endures] many
said that no cow leaves Alexandria in Egypt unless its womb has types of anguish, illness and concerns, followed by death.
been removed. [Apparently, the Egyptian cows were prized and the It is difficult to find one in a thousand for whom the world
Egyptians did not want any of them to be exported and bred. That is gives pleasure and true peace.
why they remove their wombs so that they could not reproduce.] The
cows would continue living nonetheless and are thus not considered The Chayei Olam (Ch. 6) adds:
tereifah. When Rabbi Tarfon heard their ruling, he assumed halachah He who looks into it will see, in himself and his acquain-
demanded that he sell his donkey in order to buy the owner a new tances, that most of his living days are [spent in] anguish
cow. Rabbi Akiva told him: You are exempt because anyone who is and various types of pain. Most people suffer from the lack
an expert judge is exempt from payment for an error. Certainly, Rabbi of a livelihood or the burden of debts, while for the rich
Akiva’s words imply that Rabbi Tarfon was exempt in the Heavenly the many assets lead to much concern. Envy eats him up
Court; otherwise it would be empty consolation for Rabbi Tarfon, and regret pierces through him. (Why did he not have the

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