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all types that exist in the world. In recent generations we the ruling of a judge is always a correct ruling; even if he errs, nev-
have seen how certain discoveries have turned the world ertheless it is Torah, as it says (Devarim 17:11): “And according to the
upside down, and all this is only like a drop in the ocean Torah judgment that they shall tell you, you shall do. You shall not
when compared to the secrets of nature which have yet to turn aside from their sentence that they shall declare unto you, not to
be discovered. Who knows how many wondrous powers the right nor to the left.” Rashi explains: even if they say that right is
hidden in nature could have been discovered if there was left or left is right. And the Ramban expands on this idea. “The spirit
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unity in the world and all would work together to reveal of Hashem is with those who serve in His Temple, and He does not
and discover. In the past, powers concealed in nature were abandon His pious ones. Forever, they will be protected from error
known as well, as we find, for example, in the Book of Rem- and from a stumbling block.” Therefore, even it comes to light that the
edies hidden by Chizkiyahu Hamelech (Berachos 10b). judge erred, he is not guilty in the eyes of Heaven because it all came
For this reason, the people of that generation united from Hashem.
(Bereishis 11:4): “And they said, come, let us build a city One should add that although he who listens to the voice of his
and a tower with its top in Heaven,” which would serve as physician and his advice is fulfilling the word of Hashem, as Chazal
a center and symbol of their unity. In truth, there was no said “heal, he shall heal,” nevertheless, the physician himself did not
inherent sin in their search for strategies on how to save fulfill a mitzvah if he erred, while a judge, even if he errs, his word is
themselves from plagues of the world. But the Creator saw Torah in final analysis.
that their quest stemmed from the desire to free them-
selves from His Providence. Had their intent been actual- As we have said, in a case where the physician is treating an injured
ized, they would have been able to accomplish much with patient who would certainly die without the treatment and the physi-
the power of unity, as it says (Bereishis 11:6): “And the Lord cian erred and injured him more, the physician is exempt even by the
said: Behold, they are one people and they all have one laws of Heaven. We can see this from what is written in the Tosefta
language… and nothing will be withholden from them…” (Bava Kamma 6:6): If a physician has to dismember a fetus and kill
it in order to save the mother’s life, and he made a mistake during
the surgery and injured one of the mother’s limbs, he is exempt in a
1 SuMMaRy and Conclusions human court but his case is handed over to Heaven.

1. According to the Aruch Hashulchan, if the government licenses How can the physician be held accountable by a Heavenly Court
alternative treatments and the treating physician is an expert in a case where his actions are completely justified, for without them
and licensed to practice it, then he is exempt from payment if he the mother would have died? One can answer: If the physician erred
made a mistake. According to the Menachem Meishiv, he also during the act of saving the mother’s life, such as if he could have
has to obtain permission from a beis din. made a horizontal cut but instead he cut vertically, he is exempt
even in the eyes of Heaven because this incision saved the life of the
2. A physician should consult with others, and then he will merit mother, and were it not for his actions she would have died, but if
Divine assistance and will avoid problems.
the error was not part of the life-saving action but due to an extra,
3. If a homeopathic physician licensed in a foreign country inad- unnecessary injury, such as if he cut into the urinary bladder because
vertently damaged a patient, he is exempt from payment despite of lack of sufficient attention to his patient’s care, this extra cut that

28 1 Medical-HalacHic Responsa of Rav ZilbeRstein Error in Refraction Measurements 2 57

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