Page 62 - 20818_park-B_efi

Court is based on the law of ransom (kofer). As the Rambam writes the fact that he is not licensed by the authorities in the country
(Hilchos Chovel Umazik 1:3): “And it says in the Torah: “And do not where he is practicing.
take ransom for the soul of the murderer.” Only for a murderer there 4. A homeopathic physician who treats in a manner not accepted
is no ransom, but for the loss of a limb or organ or for wounds there by conventional medicine is obligated to consult with other
is ransom.” Beforehand, the Rambam says: “When the Torah says: physicians before he administers the homeopathic therapy. If he
’just as one inflicts a blemish on a person, so shall it be done to him,’ does not consult with colleagues and the therapy damages the
this does not imply that one literally injures the person who injured patient, a human court can obligate him to pay.
another in the same way he did, but rather that he deserves to lose a
limb or an organ or to be injured as he injured another. That is why
he pays ransom money for the damage he did.” Likewise, a physician
who injures a person’s body deserves to lose a limb or an organ, and
is therefore obligated to pay, as a ransom for his own limb or organ.
In this way, the principle of hefker beis din hefker does not apply to
exempt him, because the beis din cannot declare a limb or organ to be
ownerless.

If the physician is treating a patient who would die if not for the
treatment, and then he inadvertently injures him, he is exempt even in
the Heavenly Court since he saved the patient from certain death. In
addition, the physician was forced into the situation by his obligation
to save a life, and if a person errs while doing a mitzvah, he is exempt
from bringing an animal offering in the Temple. As it says in maseches
Shabbos 137a: If a mohel had two babies to circumcise, one on Friday
and one on Shabbos, and he erred and circumcised the Friday baby on
Shabbos, Rabbi Yehoshua exempts him. The Rambam adds (Hilchos
Shegagos 2:8) as follows: And so, too, if a mohel had two babies to
circumcise, one on Shabbos and the other on Friday or Sunday, and he
forgot and circumcised both of them on Shabbos, he is exempt [from
liability] and from a chatas because he was allowed to circumcise one
on Shabbos… being that his time is short and he could not have been
careful. So, too, in our case, the physician’s time is short and confusion
is to be expected when saving a life. This is similar to the Gemara in
Bava Kamma 32a where two people who were running on Friday in-
jured each other, and the damager is exempt because he was allowed
to run.
My brother-in-law, the Gaon Rav Chaim Kanievsky, argues that

56 1 Medical-HalacHic Responsa of Rav ZilbeRstein Alternative healer 2 20818_efi-ab - 20818_efi-ab | 2 - B | 18-08-20 | 13:29:01 | SR:-- | Black 20818_efi-ab - 20818_efi-ab | 2 - B | 18-08-20 | 13:29:01 | SR:-- | Magenta 20818_efi-ab - 20818_efi-

#

# 20818_efi-ab - 20818_efi-ab | 2 - B | 18-08-20 | 13:29:01 | SR:-- | Magenta #20818_efi-ab - 20818_efi-ab | 2 - B | 18-08-20 | 13:29:01 | SR:-- | Yellow