Halakhah su Deuteronomio 22:3

Rambam, both in his Commentary on the Mishnah, Nedarim 4:4, and in Mishneh Torah, Hilkhot Nedarim 6:8, declares that the obligation to render medical assistance is encompassed within the scriptural exhortation "And you shall restore it to him" (Deuteronomy 22:2). Although, in context, the verse refers explicitly to restoration of lost property, the Gemara, Sanhedrin 73a, declares that this verse establishes an obligation to "restore" a fellow man's life as well as his property and, accordingly, posits an obligation to rescue a neighbor from danger such as drowning, mauling by an animal or being set upon by bandits. A number of latter-day authorities comment that the accompanying negative prohibition, "You may not hide yourself" (Deuteronomy 22:3) similarly applies to "restoration" of life as well as of property. The Gemara, Sanhedrin 73a, also cites the admonition "Nor shall you stand idly by the blood of your fellow" (Leviticus 19:16) as requiring intervention in the aforementioned situations in order to preserve life.

Azei ha-Levanon further contends that failure to provide a medical remedy, when available, entails violation both of the commandment "You may not hide yourself" (Deuteronomy 22:3) which, in its biblical context, refers to a person who comes upon lost property belonging to another and of the admonition "Nor shall you stand idly by the blood of your fellow" (Leviticus 19:16). Sifra, Kedoshim 41, declares that these commandments establish an obligation making it incumbent upon an individual to act, if he is capable of doing so, not only to preserve the life of another, but also in order to prevent his fellow from sustaining a financial loss. This obligation is recorded by Rambam, Hilkhot Rozeaḥ 1:13; Sefer ha-Hinnukh, no. 237, and Shulḥan Arukh, Hoshen Mishpat 426:1. It similarly follows, argues Azei ha-Levanon, that a person is under the selfsame obligation to prevent deterioration of another person's health if he possesses the requisite knowledge and skill to be of assistance in providing medical care. Failure to do so, concludes Azei ha-Levanon, would constitute transgression of these two negative commandments as well as of the positive commandment "And you shall restore it to him." Furthermore, as noted earlier, according to Ramban, failure to render medical assistance entails abrogation of the positive commandment "And you shall love your neighbor as yourself." Thus, even in situations which pose no threat to life, a person in a position to do so is bound to render medical assistance by no less than four separate mizvot.

Azei ha-Levanon further argues that failure to provide an available medical remedy entails a violation both of the commandment "you may not hide yourself" (Deut. 22:3) and the admonition "nor shall you stand idly by the blood of your fellow" (Lev. 19:16). Rambam, Hilkhot Rozeaḥ, 1:13, Sefer ha-Hinnukh, no. 237; and Shulḥan Arukh, Hoshen Mishpat 426:1, basing themselves upon Sifra, Kedoshim 41, view those commandments as encompassing an obligation to prevent not only loss of life but also to prevent financial loss from befalling one's fellow.²⁶See also Ḥafeẓ Ḥayyim, Be’er Mayim Ḥayyim, Hilkhot Issurei Rekhilut 9:1. If so, argues Azei ha-Levanon, it is similarly forbidden to allow a person to suffer loss of the use of a limb. Circumcision under such circumstances, concludes Azei ha-Levanon, would constitute a violation of these two negative commandments. This latter argument is applicable with regard to the circumcision of a child suffering from hypospadias. Although, chronologically, the mizvah of circumcision on the eighth day following the birth of a child presents itself prior to the opportunity for therapeutic remedy of this anomaly, performance of milah effectively makes it impossible to correct the condition at a subsequent time. Thus the act of circumcision entails a violation of both "you may not hide yourself" and of "nor shall you stand idly by the blood of your fellow." Although a single negative commandment is suspended under certain conditions in order to permit the discharge of a positive obligation, multiple negative commandments are not suspended for this purpose.