Perashat Mishpatim 5777

Perashat Mishpatim 5777

The question of whether or not to "repeal and replace 'Obama-care'" has been one of the most debated issues in this past election season, as well as during the infancy of the new presidential administration.  Trying to create a fair and equitable health program affordable to all Americans, has been a daunting task for a number of decades.  Aside from the difficulty for many citizens in affording health insurance, there have been allegations of mismanagement by the insurance companies as well as the inequitable practices of Health Maintenance Organizations in the care of their members, and the greed of the big pharmaceutical companies, who are said to be more interested in making large profits, rather than finding cures for chronic diseases.  Going to the doctor is just not what it used to be, due to the bureaucracy involved.

In this week's perasha, Mishpatim, we find the source for a doctor's authority to heal, as the Torah states: "ve'rapo ye'rapeh," 'And cure he shall cure' [Exod. 21:19]. Our sages comment: "mi-kan she'nitenah reshut le'rofeh le'rapot'" 'From this we derive that a doctor is permitted to heal' [BT Baba Kama 85a]. His assignment is limited to healing a patient; he does not have permission from G-d to say whether one shall live or die.

A story is told of a Hasidic rabbi, who noticed that one of his followers was very depressed. Since the rabbi always counseled against assevut, against melancholia, he rebuked his hasid for permitting himself to get into a state of mental depression. The hasid then told his rabbi that the reason for his depression was that he had been ill for some time and the doctor had told him that, bar-minan, there was no cure for his illness. The rabbi was deeply moved by his disciple's plight, and after a few moments of reflection said, "Pay no attention to your doctor, for he has overstepped his bounds."   

There are many physicians who do not realize that the purpose of medical diagnosis is to find a cure for disease, or at lease to ameliorate the pain and suffering of the sick. A "no-cure" verdict is not a prerogative of mortal man - not even of the great physician.

Unfortunately the "no-cure" attitude affects many areas of life. In the area of medicine itself, doctors are taught that statistically, they will lose x-number of patients during their years of practice, and, they are therefore counseled during their formative years of education not to take these losses to heart, in order not to spoil their own enjoyment of life.  Most of us would consider this attitude to be quite callous, as it is not their role to play G-d.  While it is true that not every disease can be cured, the fact is that greater effort needs to be made in finding cures, as well as in administering to the needs of the ill, without "throwing in the towel" - as we so often hear about.

Parents are also guilty of a "no-cure" philosophy in the rearing of their children. The so-called realistic parents, in their desire to spare the feelings of frustration and defeat on the part of their offspring, will say, "We do not want you to be an Einstein and get A's in college. We will be satisfied with B's and C's." So the young man or woman enters college without "drive," and works for B's and C's, and instead ends up with D's and F's.  Is this really a healthy approach? Will this kind of talk save the son or daughter from frustration? It is more likely, that in the end-run, this "no-cure" attitude will wreck a child's self-confidence and ambition!

The "no-cure" philosophy has especially been plaguing the institution of marriage in Western society over the past few decades.  Aside from the jokes one generally hears about the state of matrimony, while intended to be humorous, express true cynicism and a total lack of faith in its viability and survival. 

Many people no longer consider marriage as the most significant and fulfilling part of their lives, but as a gamble and a throw of the dice. When "kidded" about marriage, brides and grooms will often take a cavalier attitude and declare, "There are always the divorce courts, you know!"  On top of this, friends of the bride and groom are always quick to offer their glib comments on the eve of the ceremony, such as:   "Once you put this ring around her finger, you'll be getting another ring through your nose." Or a married man will say to the bridegroom, "Boy, am I glad you're getting married! Join the club; why should I be the only one in misery!" These statements and the like, are a reflection of the "sick" and "no-cure" attitude towards a major institution in society.

The "no-cure" attitude has even spread to many of the Yeshibot.  Today, there is a great reluctance on the part of the students to enter the active rabbinate. Young men want to be ordained in order to possess the title of rabbi for the glory and honor that it may bring them. There are Roshei Yeshiba, Deans, who discourage their best students from entering the profession. They tell their students that the people are not easy and cannot be taught, and in the process, these rabbis may themselves become spoiled - so what's the sense?  

This is a dreadful "no-cure" doctrine for a Rosh Yeshiba to preach. On the contrary, the best students should be encouraged to enter the rabbinate. A great deal has been done by dedicated men in the rabbinate, and even more can, and will be, achieved in the future. The attitude must be as the sainted Hafess Hayyim put it:   "It is for us to do, and for the Almighty to accomplish."

So when the Torah mandates the doctor to cure - and not play G-d - it should serve as a paradigm for us in all spheres of life, not to take a cynical approach, but to exhibit faith and trust in Boreh Olam, that just as we do our part, he will do His.  As Leo Tolstoi once put it, "Faith is the true force of life." Only true faith can bring a refuah shlemah - a speedy recovery to all the ills and aberrations of life.

(based on a sermon of my grandfather, a"h)