3.31.22


Here’s an ethical issue and Jewish source response:

Case

Melissa is feeling bad.  Even though it is Shabbat she goes to Dr. Rabinowitz, knocks on the door and asks for help. He brings her into his home office, examines her and tells her what treatments she needs.  Next week Melissa is really surprised to find a bill from the good doctor in the mail.  She complains.  “It was Shabbat. He’s Jewish.  He can’t take money for work done on Shabbat.”  

Can a Jewish doctor charge for emergency medical treatment administered on Shabbat?

Answer

[a] Judaism believes in “doctoring” and not just in faith healing. (Ex. 21:19, Deut. 22:2)

[b] The Torah teaches that one should not work on Shabbat. (Ex. 20:9-10)

[c] One may “break” Shabbat and “do work” in order to save a life.  The act of saving a life is called Pikuach Nefesh, and we learn in Yoma 8:6/35b, 85b, based on Leviticus 18:5, that Pikuach Nefesh suspends the Shabbat rules. (Shulchan Arukh, Orekh Chayyim 329:3)  This means a doctor may “work” on Shabbat when a life is even slightly, possibly at risk.

[d] One should not pay a worker for work done on Shabbat.  It is, however, possible to hire a person for a week, a month or a year, and have Shabbat work included in that larger payment (B.M. 58a, Mishnah Torah, Shabbat 6:25)

[e] Rabbi Yaakov Weil and Rabbi Yisrael Bruna write (Responsa Maharai Bruna #114) that a midwife can be paid for a delivery on Shabbat because it is part of a larger framework of care before and after.  Rabbi Chaim Modai of Smyrna writes that the same is true for doctors but suggests that this should also include aftercare so that the payment is not just for Shabbat.

[f] The discussion continues with some rabbis on each side, but the bottom line seems to be this.  Doctors can work on shabbat when the health of their patients seem to be at risk.  They may charge for this work, but it is better that they be paid in the context of a longer relationship.  If a fee includes a follow-up visit, the conditions of Jewish law are satisfied without conflict.  

 

Joel Grishaver, “You Be the Judge 3”, pgs. 59-60

Used with permission from Joel Grishaver