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provided for the evil man’s sons. Thus he repaid the evil man measure pletely drunk. The passersby trying to wake him up did not know
for measure: since he saved the king’s son, the king was good to the whether he was simply drunk, or if the alcohol had damaged his brain.
son of the evil man, but the man himself was put to death. Haman, They tried to poke him with needles but did not get any response.
too, enacted decrees that caused the children of Israel to repent fully They decided to call an ambulance to take him to the hospital,
and reaccept the Torah out of love. Therefore, while he was killed for where he underwent all the necessary tests. The next morning, he
his evil deeds, his sons benefitted. awoke from his wine and found himself in the hospital. “Who brought
Likewise, in our case, on the one hand, the physician deserves a re- me here?” He asked. He was told that kind people had arranged to
ward for saving the woman’s life. On the other hand, he was negligent have him brought there.
and removed a wrong kidney. Although in our case his intent was not As a visitor to the country from abroad, the young man had no
cruel, he deserves a punishment for his negligent behavior.] medical insurance, and he was charged a huge sum for the ambulance
ride and hospital stay. He claimed that he did not ask to be brought
to the hospital and that the hospital did not benefit him in any way.
“Whoever brought me here should pay,” he claimed. What is the
1 AnsweR to Question 2 halachah?
Now we can deal with the second question, which is: Is the patient 1 AnsweR
obligated to pay the physician his fee for the surgery that saved her
life, even though the physician healed her through his negligence? The Rosh (Rule 85:2) rules that if relatives paid for the care of a pa-
In maseches Sanhedrin 91a it is related that a heretic (gentile priest) tient, even if he did not ask them to do so, and then the patient died,
asked Geviha ben Pesisa questions about Judaism and the Torah of they are allowed to seek repayment from his children’s assets. This is
the Jews. Geviha gave him definitive answers that he did not like. because it is the way of the world that relatives step in and care for
The heretic was insulted and became enraged, saying: I will kick your someone, especially if he is unable to care for himself. This would
hunchback and straighten your back. (Geviha was a hunchback). apply, as well, to any person who stepped in to help save a life: he
Geviha ben Pesisa responded: If you could do that, people will call should be repaid for his expense.
you an expert physician and you will be able to collect large fees! The Rosh teaches that it is the way of the world for relatives to pay
medical bills in a time of need, and that they should be paid back. In
The Chida, in Pesach Einayim (ibid., s.v. rofeh uman tikare), clari-
fies Geviha ben Pesisa’s answer: It is possible that if one does a favor our case, as well, it is a given that if a person is found lying like a stone
in the street, passersby will care for him and arrange for an ambulance
to another he has to pay him (see Rama, Choshen Mishpat #264:4). to take him to the hospital. We can say that a person would want
However, if the one who did the favor intended to pain him, he people to help him in such a situation and therefore he has to pay
does not have to pay him. When the heretic said, “I will kick you
and straighten out your hunchback…” his intent was to cause pain. them back.
Therefore, even if he would have healed him, Geviha would not have
been obligated to pay a reward. This is why he said to him: Although
your intent was evil, people will not view you as an evildoer but as an
“expert physician,” and you will take large fees, although it is not hala-
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