When the Patient Disobeys the Physician and the Wound Worsens

Yalkut Shimoni on Torah 332:1

Our Rabbis taught: take one who transgressed the words of the physician and ate honey and all kinds of sweet things, which are harmful to a wound, and his wound developed gangrenous growths. One might think [the striker] is obligated to heal him; therefore Scripture says "only." What is "gargotni"? A spreading sore. Our Rabbis taught: from where do we learn that if growths arose on him on account of the blow and the wound reopened, that [the striker] is obligated to heal him and obligated to give him the value of his lost time? Therefore Scripture says "only he shall pay for his loss of time and shall surely heal him" (Exodus 21:19). One might think even if not on account of the blow; therefore Scripture says "only." Rabbi Yose son of Rabbi Yehudah says: even on account of the blow, as it says "only." There are those who say: even on account of the blow he is entirely exempt, so he said. And if you wish to say: even on account of the blow he is exempt from loss of time but liable for healing. It was taught: and all of these are paid in the place of [together with the payment for] the injury. From where are these matters derived? Rav Papa said in the name of Rava: the verse says "and shall surely heal him," to give healing in the place of the injury. But this is needed for the teaching of the school of Rabbi Yishmael: "and shall surely heal him," from here that permission was given to the physician to heal. If so, let the verse write "and a physician shall heal." Still it is needed for what we said, to repeat the matter of healing in the verse [the doubled verb]. Let it write "or surely heal," and so on. What is "and shall surely heal"? Learn from it: to give healing in the place of the injury.

Themes