By Rabbi Yair Hoffman for 5tjt.com

It is this author’s view that not only do the Delta and Omicron variants present new challenges in terms of dealing with the COVID-19 virus, but they may also create differences in how best to perform Bikkur Cholim.  In other words, we all need to review what the Poskim say about Bikkur Chollim in order to apply it to the new realities of illness.  Of course we should always seek guidance of our Rabbonim and Poskim.

The Gemorah in Sotah 14a elaborates upon the Mitzvah of Bikkur Cholim. The Gemorah states that it is one of the ways in which we may walk after the ways of Hashem.  It is codified as a Mitzvah in Shulchan Aruch (YD Siman 335).

WHAT KIND OF MITZVAH IS IT?

But what kind of Mitzvah?  Is it a Torah Mitzvah?  Or is it a Rabbinic Mitzvah?

According to Rav Shimon Kayara (circa 840), author of the BaHaG, it is clearly a Torah Mitzvah (Mitzvah Assei #36).  The Meiri (Nedarim 39b) indicates that it is actually a derabanan Mitzvah.  The Rambam, however, may have a more nuanced view.

The Rambam writes in Hilchos Avel (14:1) that the mitzvah of bikur cholim is mi’divreihem (i.e., of rabbinic origin).  Yet, later writes that it is a fulfillment of v’ahavta l’rei’acha kamocha, a Torah mitzvah. So is there an obligation from the Torah or is there not? How is this apparent contradiction explained?

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It seems that there are at least three different explanations of the Rambam. 6004811

• Rav Dov Beirish Gottlieb (1739–1795) in his Yad HaKetanah (Hilchos Dei’os 8:8) writes that it is a fulfillment of both a Torah mitzvah and a rabbinic mitzvah in that we would never have known that this was the Torah mitzvah until the rabbis revealed it to us.
• The Maharatz Chayes (1805–1855) is of the opinion that this mitzvah, according to the Rambam, is d’rabbanan in origin, which emerges from a general principle found in the Torah (see Kol Kisvei Siman 70).
• The opinion of Moreinu HaRav Chaim Kanievsky, shlita, (born 1928) in his Derech Emunah (Hilchos Terumah 3:20 B.H. “sh’ne’emar and orchos yosher” note 3) writes that according to Torah law it is a voluntary mitzvah, but according to rabbinic law it is a fully obligatory one. If one was unable to perform the mitzvah on account of logistical difficulties, one would have been exempt on a Torah level but not on a rabbinic level. If someone else is tending to it there is an exemption, but otherwise – there is no exemption.

This also seems to be the view of the former rav of Yerushalayim, Rav Betzalel Zolti, zt’l (1920–1982); see Mishnas Yaavetz YD #37. The repercussions of this third view are extraordinary. According to this third view, we must make every effort that we can to visit and perform bikur cholim.  Of course, we should consult a Posaik about how to do this in light of the pandemic – but if Omicron is inherently safer than the other variants, then that may make this COVID-19 different.

THE REASONS FOR THE MITZVAH

There are a number of reasons that are cited for the Mitzvah:

1. Whomsoever visits the sick removes 1/60^th of his illness (Nedarim 39b and Bava Metziah 30b).
2. Whomsoever visits the sick requests mercy upon him (Nedarim 40a).
3. To give chizuk and to strengthen the sick person, and to give him nachas ruach (Ramban Toras HaAdam p. 17).
4. Because a sick person requires Shmirah in not being alone (Mogain Avrohom 239:7 based on Brachos 54b).

ARE THESE ELEMENTS?

Perhaps we should not look at these as mutually exclusive per se, but should look at the four reasons as elements of a Mitzvah.  What does this mean?

We know that in lighting Shabbos candles, there is both an element of onaig Shabbos and an element of kavod Shabbos.  The Poskim discuss upon which of the elements that the bracha was ordained, which is why many require that we actually spend time benefitting from the light on Shabbos or also require us to have in mind the actual electric lights as well.

So, getting back to the four reasons mentioned above in Bikkur Cholim, which elements are absolutely required in order to fulfill the Mitzvah? For example, the Ramah (335:4) writes that if a person visited a sick person and did not do REASON #2 – request mercy upon him – he HAS NOT fulfilled the Mitzvah.  The Ramban in Toras HaAdam writes this as well.  But he has fulfilled elements #1, #3, and #4.

BIKKUR CHOLIM BY TELEPHONE

What about a phone call?  A phone call certainly can cheer a person up.  It seems that it would fulfill element #3 but the other elements, depending upon how they work, may not be present.  The issue is addressed in Igros Moshe YD I #223, where he writes that one has fulfilled the Mitzvah. Dayan Weiss in Minchas Yitzchok Vol. II #84. Dayan Weiss, however, writes that the first time one should visit in person.  One should consult with their own Rav or Posaik about the other three elements.

ONCE IN A CENTURY OPPORTUNITY

There are so many people these days who waste precious time tumulting about vaxers and anti-vaxxers.  But perhaps never before in human history has visiting the sick, been so pertinent. We have already lived through the pain of a number of waves of the COVID-19 epidemic, with the limitations of visiting the sick in hospitals. No one can know the depth of the pain that the family members of those who succumbed to their illnesses in hospitals truly feel. They were robbed of that which was given to others in non-pandemic times — the feeling of helping to soothe the anxiety and discomfort of their loved ones. They felt helpless.

People do not realize the benefits that family members or friends can give to the sick. Family presence or a familiar voice improves recovery time and can help in so many other ways. How many possible fatal medical errors were prevented by alert family members being there? “Kabdeihu v’chashdeihu” is a key principle in bikur cholim. Double check everything – but be super-nice – make a kiddush Hashem.  Express your gratitude for their service and bring them something as well.

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The author can be reached at [email protected].