Tag Archives: AHCA

Do Not Stand Idly By…

This article was originally published on May 10th, 2017, in the Ops & Blogs section of Times of Israel. The full article can be found on their website here.

Times of Israel

This past week, we had a different sort of Shehechiyanu moment. My three-year-old son was the first of our children to visit the emergency room, after slicing his finger on a sharp piece of metal. He’d return with quite the souvenir: five stitches. He was proud. He showed off his bandage of gauze and medical tape like he was a hero, and this was a necessary battle scar. As parents, my spouse and I worried and panicked. And yet, looking back, we realized that this was something small, only a laceration, and we are grateful that such an emergency room visit was a minor expense, literally a couple of bills in my wallet. I also understand that his handful of stitches on a small finger pale in comparison to the serious illnesses and diseases that others at the hospital were being treated for. I am grateful that we now live in a country where someone cannot be denied healthcare or treatment because of lack of finances or because of pre-existing conditions. I fear that this reality will change.

This past Shabbat, we read the joint Torah portion of Acharei Mot-Kedoshim, which began with the command “be Holy, for I, the Lord, Your God, am Holy.” Such a command means that we must see everyone as holy and see the divine spark within each person. Therefore, denying the rights of any individual means that one refuses to acknowledge the holiness of that person, and denies that they are made in the image of God. If we are to all strive to be holy like God, then we must strive to treat each individual in the same way our faith teaches us to treat God, with sanctity, honor, and respect.

In Tractate Taanit of the Babylonian Talmud, we learn of Abba Umana, the surgeon who saves lives. The text compares him to Abaye and Rava, to great rabbis who appear throughout the Talmud and offer their own rabbinic teachings. Abaye and Rava often offer differing opinions, but it’s their opinions that often conclude rabbinic debate about a topic. More often than not, it was Abaye’s opinion that was deemed correct. Still, Abba Umana is seemingly seen as more sacred than these learned rabbis. It is taught here that Rava would receive greetings every year on Yom Kippur from the celestial beings, the angels on high, and God. The same text teaches that Abaye, whose teachings the people sided with far more than Rava, would receiving greetings from God weekly, on Shabbat evening. Abba Umana though, the surgeon, would receive these greetings every day. Abaye, upset by this wants to know why Abba Umana encounters God more frequently than he — an incredible rabbi and scholar — does. The celestial beings respond to him that “he cannot do what Abba Umana is able to do”, referring to saving a life. This helps us to understand how important and essential healthcare is in the eyes of the Talmud.

In addition to the command to be holy in last Shabbat’s Torah reading, we are also commanded “do not stand idly by your neighbor’s blood” (Lev. 19:15). In Tractate Sanhedrin of the Babylonian Talmud, we find an interpretation of this verse. The Talmud says that one must go out of one’s way to save a neighbor from danger. In fact, the Talmud says that one must even use one’s own resources to hire another individual to help assist and care for this person. The Talmud in this case is pretty clear: we have an obligation to ensure that all receive medical care, even if that means that our costs ensure that our neighbors who are ill get the medical treatment that they need and deserve.

The Torah is clear that we must do all that we can to prevent further harm to our neighbors. The Talmud goes into great detail about how we must ensure the health and safety of our neighbors, and even sees medical treatment as a holy and sacred act, with medical professionals placed on a higher level than Torah scholars. The Shulchan Aruch, often referred to as the leading Jewish law code and most widely cited law code, also confirms our halachic obligation to ensure everyone receives the healthcare they need and deserve. The Shulchan Aruch teaches that taking care of those who are ill is a religious obligation and that if a physician withholding treatment is the equivalent of bloodshed (YD 336:1). The text adds that if there is medicine that will help a sick individual, one is forbidden from charging more than what is appropriate for that medicine (YD 336:3).

I can’t speak about all the details of the latest version of the AHCA because I, like most people, haven’t read it in its entirety. I can’t speak to the economic impact it would have on our country, because the House voted on it before the CBO scored it. I can only speak as a rabbi, regarding what I believe the Torah, Talmud, and Halacha teach us. We are taught that it is our responsibility to do whatever we can to save a life. We are taught that saving a life is so important it supersedes every other mitzvah. The values of our Torah are meaningless if they do not guide us to act. Therefore, I am saddened by the House of Representative’s vote last week that makes it harder and more expensive for those with pre-existing conditions to get health care coverage. This hurts the poor and the elderly more than anyone else, but it especially hurts anyone with a pre-existing condition. And this hurts all of us, because when a law is passed that denies the rights of an individual to be treated, that denies the holiness of that individual, we fail to live up to our responsibility and obligation. When a law is passed that is antithetical to who we are as Jews and to what we stand for, then we must take a stand. We cannot stand idly by. One who saves a life, saves the world. Let us do all in our power to ensure that many lives, and many worlds are saved.

– Rabbi Jesse M. Olitzky

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