On Shabbos I was learning the Sefer Alenu leShabeach, by Rav Yitzchak Zilbershtain, on Parshas Korach, where he relates the following case. He was once asked by an MD: May a Doctor Get Up Early to Learn Torah? Or, perhaps, since it may interfere with his duties, he should not get up so early?
Rav Yitzchak Zilbershtain cited the Rambam which says:
A worker is not allowed to do his own work at night and hire himself out during the day, nor is he allowed to starve himself or otherwise deprive himself of his basic needs, because he is then unable to perform his duties for his employer with full strength. A worker is warned against idling away his time on the job, a little here and a little there, thus wasting the day deceitfully. He must be scrupulous throughout the time of work. Also, he is required to work to the best of his ability, as Ya’akov ha’Tzadik said (Breishis 31:6): “I have served your father with all my strength.” For this reason he was rewarded even in this world, as it is written (Breishis 30:43): “The man became exceedingly rich.”
--Hilkhos Skhirus 13:6–7
Rav Zilbershtain argues, if this is true of an ordinary worker, how much more so for an MD who is dealing with issues of saving lives, pikuach nefesh. The doctor must use all means necessary to practice to the best of his ability.
The Pachad Yitzchak, who wrote many sefarim on halakha, use to get up early every day despite the fact that he was a doctor. But he did the opposite; first he attended to his practice of medicine and afterwards he studied Torah. Before the time for shema and tefillah, he visited his patients in order to be as fresh as possible and only afterwards did he learn. It would appear the Rambam kept the same type of schedule, according to his letters.
Rav Zilbershtain concludes, a doctor who wants to learn has to evaluate himself. If he can handle getting up early to learn and still be fresh and strong to perform his medical responsibilities, he may get up early. There are people who love the Torah so much that they are energized all day from starting the day with Torah. The Rambam did not have such people in mind when he wrote the halakha in Skhirus. However, if the doctor is not energized from getting up so early, it is forbidden for him to do so.
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4 comments:
The rambam is talking about a poel and I would assume a private docter has a din of a kablan.Does the halacha still apply?Also it must be noted that SO paskens that a docter may not take money to begin with.As schar battolah does the analogy hold?
Yehudah-I don't know the answer to your questions but to avoid 'Tov Sbrofim Lgehenim' I sure hope the docters take this post seriosly.
A melemad also only gets schar battolah but accotding to everyone the halachos of not staying up late at night apply to him.
Yehuda: The Hagahos Maimoniyos on this Rambam cites the Yerushalmi (Demai, 7:3, Daf 30b) which says: That R. Yochanan once encountered a melamed who was weak and asked him, why so? When the melamed said he fasted regularly, R. Yochanan said, that it is asur for him to fast. If it is asur for a human employer how much more so for HKBH. I assume the melamed was an indepenedent contractor, a kablan, as most were in those days and even into modern times in Europe. My father had a private melamed in Litte around 90 years ago. His town was known for having excellent private melamedim.
I agree with Anonymous that skhar battalah or not, the halakha still applies.
In conclusion, the halakha applies to physicians, kablan or not and skhar battalah or not. Unless, as Rav Z. points out, the physician has to evaluate himself: Will he be energized or not?
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