The Vulnerability of Jewish Patients in Medical Halakhah (Jewish Law)

Abstract

Issues of life, death, and social justice have been questions long pondered by philosophers and theologians, including Jewish scholars from all branches of Judaism. Their conclusions to answering unprecedented ethical problems became an integral part of the new evaluation of medical practice and health policy since World War II. Consequently, one of the cornerstones of modern medicine is patient autonomy; a concept not entirely commensurable with Jewish Orthodox practice, which tends to limit autonomous decision-making that is not authorized by halakhic (religion-legal) authorities. This is due to the modus operandi of Orthodox Jewish bioethics, which is halakhic in nature. Jewish law is the frame of reference within which religious authorities discuss, analyze and decide what may be otherwise known as an ethics case. This paper discusses the vulnerability of Jewish patients in restrictive religious contexts that control personal decision-making processes in every area of life. Based on empirical research and interviews with rabbis we address the following questions: how do hegemonial religious structures affect the vulnerability (or resilience) of Jewish patients? What is the scope of personal freedom in decision-making of an observant Jew in situations of unbearable pain and suffering? As a matter of fact, halakhic authorities are considered to rule leniently in medical cases, since patients are especially vulnerable and it is forbidden to add suffering. Within the scope of these questions, we give special attention to the proverbial phrase „Lev yodea marat nafsho,“ the heart knows its own bitterness (Proverbs 14.10), in medical Halakhah.

Presenters

Sarah Werren
Postdoc Researcher, Sociology and Anthropology, Hebrew University of Jerusalem, Yerushalayim, Israel

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

2025 Special Focus—Fragile Meanings: Vulnerability in the Study of Religions and Spirituality

KEYWORDS

JUDAISM, MEDICAL HALAKHAH, JEWISH BIOETHICS, VULNERABILITY, DECISION-MAKING, SUFFERING, PATIENT AUTONOMY