,
עַל-מִשְׁעַנְתּוֹ--וְנִקָּה הַמַּכֶּה: רַק שִׁבְתּוֹ יִתֵּן, וְרַפֹּא
יְרַפֵּא The Halacha is, if
someone is Mazik someone, he pays Sheves and Ripui. The Gemara in Maseches Bava
Kamma 85a (16 lines from the bottom) learns, דתניא דבי
ר' ישמעאל אומר (שמות כא)
ורפא ירפא מכאן שניתן רשות לרופא לרפאות that Rapoi Yirapei teaches us that a
doctor has permission to heal. The Gemara goes on to explain that you shouldn’t
say that the Ribboinoi Shel Oilam harmed someone so how can you say that a
doctor has the right to heal him, because the Posuk comes to teach that a
doctor is permitted to heal someone.
The
Chofetz Chaim in Sheim Oilam which is printed in Likutai Chofetz Chaim on
Parshas Mishpatim brings from this Drasha a Raya to a fundamental Shaila in
Yahadus. We have discussed many times in the past, that there is a Machloikes
Rishoinim in Hashkafa whether it is possible for a person to hurt another
person. If Reuvein wants to punch Shimon in the nose, does he have Bechira
(free will) to do so or not. Or do I say about Shimon that a person doesn’t get
hurt on earth unless decreed on by Hashem?
The
Rambam and the Chinuch hold that it is impossible to hurt anybody unless it was
Nigzar Alav Min Hashamayim. Therefore, Hashkafa wise a person is not permitted
to take Nekama as it had already been Nigzar that he would get hurt.
The
Alshich and the Ohr HaChaim Hakadosh disagree and say that a person has Bechira
to do Aveiros. So if someone wants to hurt someone else, he is able to do so.
The
Chofetz Chaim brings a Raya to the Rambam and the Chinuch. This Posuk of Rapoi Yirapei that teaches us
that a doctor has permission to heal is in Parshas Mishpatim which is not
talking about a person who became sick and therefore needed a doctor. The Posuk
is talking about 2 people who are quarreling and have to pay Sheves and Ripui. Someone
hit someone else, yet I would have a Hava Amina to say that if Hashem harmed
him that a doctor has no right to heal him. So therefore we have the Posuk
Rapoi Yirapei which teaches us that a doctor has permission to heal.
According
to Alshich it is very Shver, as what is the Raya from this Posuk? Maybe when a
person becomes sick and it is straight from Shamayim, you have no right to heal
him. Over here it wasn’t that he got hurt Min Hashamayim, however, it was the
other person who used his Bechira to harm someone and therefore a doctor should
be permitted to heal him. So it is a Raya that whenever someone gets hurt it is
only because it was Nigzar Alav Min Hashamayim as the Rambam and Chinuch say.
It would be a Mitzvah to try to find a Teretz for the Alshich to fit in as
well.
Agav,
this would answer another question as well. Why is the Posuk Davka by Rapoi
Yirapei, why don’t we say the same thing by Mamanus as well when someone damages
someone else’s property and causes a monetary loss? Bais Din should say, if the
Ribboinoi Shel Oilam decreed that this person should lose money why are we
saying that he should be paid back by the damager? Shouldn’t we need a special
Posuk to teach us this?
To cause
someone else a loss of money is possible as the Gemara says that when you steal
from someone you are Matriach the Ribboinoi Shel Oilam to get the money back to
him. Davka by causing Hezek to a Guf do we have this idea that Rapoi Yirapei
since no one can be hurt unless it was Nigzar Alav Min Hashamayim.
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