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sense at the time to do such and such, or to answer such ligated to pay, even if he is an expert, because once he gets paid he is
and such?) Sometimes he is bored and sometimes he lusts viewed as a paid watchman.
for something beyond his reach, and sometimes he fears The author of Imrei Binah (Choshen Mishpat, Dinei Dayanim #30,
for the future. And most of all, the desire for honor. Some- s.v. uketzas) points out: We can prove that even if the dayan is paid
times his honor was truly hurt and other times he imag- for his judgment, he is exempt if he errs… (in contrast to the view
ines this is so and he thinks that someone did not speak to of Ketzos Hachoshen above). Perhaps one can differentiate between a
him properly. And he has the anguish of raising children. situation where the judges receive a fixed monthly salary and one in
And as old age draws near, he feels rejected and insignifi- which they are paid for each case individually. In the latter case, the
cant, slowly pushed into a corner as his eyes witness others judge may be obligated to pay for his error because he should have
taking over his place. Then he becomes a burden on his studied the case more carefully. It depends on the specific mistake
family, and after that, in general, he will be busy with phy- and the reason why he erred. If he did everything possible according
sicians and medications until his day of death arrives, and to his capability and nevertheless erred on a matter where errors are
he is frightened and trembling at losing this world, and he common, the situation may be considered to be an ones. If, however, it
despairs and is nullified like a broken shard. is clear that the error was due to insufficient study of the case or lack
of care, he would be obligated to pay if he collects a salary for being
In light of this, we must ask: Why was man created? If so, it would a judge.
seem that every human being can sue his parents for bringing him Based on the words of the Imrei Binah we can infer that if the
into the world. doctor was paid for a private visit he is obligated to pay for an error
Not only our Sages concluded that it would have been better for because of garmi. But if he saw the patient in the hospital where he
man not to have been created, but the wise men of the world reached receives a monthly salary, he is considered to be like an expert mon-
the same conclusion as well. It is related that prior to his death in a eychanger who assesses coins for nothing and who is exempt from
land far from his mother, Alexander the Great knew that his mother payment for an error. If, however, the error was due to his insufficient
would be greatly anguished by the news of his death, and he sought attention to the case, he is obligated to pay nonetheless.
to console her. He wrote her a letter saying that she should imme- The Chadrei Deah (Yoreh Deah #336:1) writes that the words of
diately make a great feast and announce that no man who had been the Shulchan Aruch stating that a physician who erred and harmed
aggravated or sad or in mourning from the day of his birth until now is exempt in a human court but guilty in the Heavenly Court ap-
should come to the feast. His mother did as he told her and not a plies to a physician who receives payment. A physician who heals
single person came to the feast! (Cited in Chumash Rav Peninim, topic for nothing is exempt even in the Heavenly Court. He is no different
of the Ten Commandments, Shemos 20:12.) from a bloodletter or a moneychanger who work for nothing, who are
Let us broaden the question. exempt in a human court if they make a mistake.

Let us imagine that a couple suffers from a genetically transmitted
disease. It is clear that any children born to them will be blind and Indeed, the Imrei Binah continues:
retarded. According to the secular courts, these children can sue their For over thirty years I have grappled with this difficult
parents for bringing them into this world. While we can judge the fe- question. Why is a physician who errs obligated to pay in a
male geneticist favorably, as we will explain below, these parents who Heavenly Court while an expert judge who errs is exempt?

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