Wednesday, January 10, 2024

Bitachon and doctors

 Shevet HaLevi (8:251): Question: Concerning the refusal of a sick person to allow medical treatment - can he be forced to accept treatment which is a mitzva for both the sick person and for the doctor? If in fact he can be forced to accept treatment , is it the doctor’s or the court’s obligation? What is the halacha today when it is a violation of the law of the land to force medical treatment on someone who is capable of making decisions. Answer: If the person refuses treatment because of his strong bitachon (trust) in G d then his refusal does not constitute a nullification of a mitzva as we see in the Ramban (Vayikra 26:11). However if he refuses treatment because of suicidal motivation or because of nonsense, then it would seem that the forced treatment should be done through the beis din (court) according to the advice of the doctor. Furthermore it seems from the Taz (Y.D. 336) that the obligation and mitzva to use medical treatment applies only to the ordinary person but not a complete tzadik. In addition the view of the Tzitz Eliezer - that there is an obligation to persuade someone who refuses treatment because of bitachon - is the correct halacha when we see that the sick person’s life is possibly in danger. That is because we can’t be sure that his bitachon is strong enough that it allows him to avoid medical treatment - which has been permitted by the Torah. While I am well aware that the Ktzos HaChoshen and the Nesivos (Choshen Mishpat 3) discuss whether the obligation to force is for beis din or it applies to every individual… However, in my humble opinion, the decision as to whether to force treatment on the sick person is given only to those with true understanding of the Torah. That is what I meant by the term beis din. …

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