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rael has sinned and they have also stolen and have also denied it.”
From here Chazal learn (Sanhedrin 44a), “A Yisrael, even though he
has sinned, remains a Yisrael.” Regarding such an individual we are
[therefore] commanded, “Do not stand idly by the blood of your
fellowman.” (Vayikra 19:16) Even though there are other physicians
who could treat her, no individual physician is allowed to evade his
obligation to heal and send her to another physician because “Not
from every physician does a person [necessarily] merit being healed.”
(Talmud Yerushalmi, Kesuvos 13:2)

Even if her life is not in danger, if she is a member of a health fund
the physician may not refuse to treat her, for since she makes pay-
ments to the clinic the physician is in her employ and cannot refrain
from treating her, though this is not the situation in the case before us
where the physician works in his clinic privately.

In fact though, the matter is not so simple. Study is necessary in
order to clarify whether there is a Torah obligation to treat sinners.
We shall discuss this, with Heaven’s assistance.

In maseches AvodahZarah (26a) we learn:

1. Idolators and shepherds of small livestock (sheep, goats)
[who graze their flocks in people’s fields without permis-
sion, ruining the settlement of Eretz Yisrael – Rashi, Bava
Kama 79b], should be neither helped out of a pit [into
which they fell or were placed i.e. but should be left there
to die] nor lowered into one.

2. Heretics [priests of idol worship, whether they be gentiles
or Jews –Rashi] and informers [who inform falsely and
point out their fellow Jews’ property to gentile bandits –
Rashi] should be lowered into a pit and [if already there]
not helped out.

3. Sinners for gratification [i.e. who eat non-kosher meat
when no kosher meat is available, or who violate other
transgressions to gratify their desire, rather than out of
spite] should be helped out of a pit and their lost property
must be returned as it says,“and so shall you do to any lost

246 1 Medical-Halachic Responsa of Rav Zilberstein