The Obligation to Heal and Patient Autonomy in Jewish Law

Abstract

The first part of the article deals with the tension between Divine and human healing in the Bible and the Talmud. The second part focuses on the halakhic status of medical practice and, in particular, the question of whether or not it constitutes the fulfilment of an independent halakhic obligation (mitzvah) in Jewish law. Section three is concerned with the legality of coercive life-sustaining medical treatment and the role played by patient autonomy in this area of the law. The theological aspect of human healing is referred to in section four; and the fifth section is devoted to a discussion of recent Israeli cases involving coercive medical therapy and end of life issues.Under Biblical law, the victim of an assault is entitled to claim medical expenses from his or her attacker and this proviso provides the basis for the Talmudic ruling that “permission has been given to the physician to heal.” It is assumed that the Bible would not actively condone conduct which does not accord with true faith and hence, it may be inferred from this law that human healing is a religiously legitimate activity and not an act of rebellion against God.