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view of the Shulchan Aruch (Yoreh Deah #336:1), who says that if he 2 who heals with potions and laxatives, and who made a mistake in his # 20818_efi-ab - 20818_efi-ab | 2 - A | 18-08-20 | 13:29:01 | SR:-- | Magenta 20818_efi-a
practiced medicine with a license from a beis din and erroneously prescription, is exempt from exile since he is only the indirect cause
caused damage, he is exempt in a human court but held responsible of the death. In view of this, one who errs in giving genetic advice is
in the Heavenly Court. The reason for the exemption is a takanas exempt from payment because he too is only the indirect cause of the
Chachamim (decree of the Rabbis), who were concerned that if we birth of a blemished child. He is even exempt in the Heavenly Court,
were to obligate physicians to pay for unintentional mistakes that as explained in the Tashbetz.
they commit, they would stop practicing medicine. This is the way It is possible that the Tashbetz’s view is based on the principle es-
it is explained in the Tosefta (Gittin 3:13). If an expert physician who tablished by the Meiri (Bava Kamma 56a, s.v. vechayim harbei) who
was licensed to heal by a beis din caused damage due to a mistake, if it writes that the person who “indirectly” caused damage - about whom
was unintentional, he is exempt, while if it was done on purpose he is Chazal ruled that he is exempt in a human court but held accountable
obligated to pay for the damages “for the good of the world.” in a Heavenly Court - is similar to someone who puts fire into the
One can argue whether or not we should exempt the physician in hands of a deaf-mute, a shoteh, or a minor, or someone who puts poi-
our case. The argument would be that our Sages’ exemption “for the son in front of someone else’s animal. This man is guilty in the eyes of
good of the world” applies to doctors involved in the mitzvah of heal- Heaven; his intent was to harm and damage even though he did not
ing illnesses. This does not apply to a genetics advisor. Although his do so with his hands.
advice is valuable, as our Sages said (Yevamos 64b): “A person should However, there are also those who are exempt in the Heavenly
not marry a woman from a family of epileptics or lepers,” nevertheless Court as well, those whose intent was not to do damage at all. Hashem 20818_efi-ab - 20818_efi-ab | 2 - A | 18-08-20 | 13:29:01 | SR:--
the genetics advisor is not halachically considered a physician but knows the secrets of man’s heart. Rashi writes (Gittin 53a): “He is held #20818_efi-ab - 20818_efi-ab | 2 - A | 18-08-20 | 13:29:01 | SR:--
a “moneychanger.” Thus, one has to think hard whether or not the accountable in the Heavenly Court.” Hashem will bring punishments
above decree applies to him or her. Even if we decide that a genetics upon the wicked whose intention was to cause harm to a Yisrael. This
advisor is included in the decrees, the exemption would be only in a implies that if someone unintentionally caused damage, he is exempt
human court but not in the Heavenly Court. even from the Heavenly Court.
But we still need to ask: As we have cited, if one shows a dinar
2. Grama coin to a moneychanger and the latter erred in the evaluation of
The Tashbetz writes (Part 3 #82): It says in the Tosefta in Makkos: the coin and did damage unintentionally, the moneychanger is still
“An expert physician who healed with a license from a beis din and obligated to pay! How can we reconcile this with the implication of
killed someone unintentionally or by accident is exiled to one of the the Rashi above? The Ramban answers (Kuntres Dina Degarmi), as
cities of refuge.” This applies to an expert physician who heals with cited by the Shach (Choshen Mishpat #386:1) that since he should have
surgery, but not to a physician who heals with potions and laxatives. If inspected the dinar coin more thoroughly, he was negligent and is
he unintentionally harmed a patient who then died, and his intention halachically considered a sinner and a mazik. Perhaps the same applies
was to heal and not to harm, he is exempt even in a Heavenly Court to a physician. If he did not study the matter thoroughly enough, he
because he is responsible only for what his eyes see.” was negligent and is considered a sinner. However, if he erred in his
These words require explanation. Responsa Minchas Yitzchak (Part judgment and there was no greater physician available with whom he
3 #104) explains this: The surgeon who caused the death of a patient could consult, he is exempt even in the eyes of the Heavenly Court.
with his hands unintentionally must be exiled, while the physician We can go further in explaining the words of the Tashbetz. An

42 1 Medical-HalacHic Responsa of Rav ZilbeRstein Erroneous genetic advice 2 43