Testing the Limits of Medical Free Choice in the Orthodox Community
I just heard about a tragic ongoing case in an Orthodox community. An underage child (12 years old?) was recently diagnosed with a brain tumor. Doctors wanted to begin chemotherapy but the parents refused. It seems that they don’t trust the medical establishment and don’t want their child forced to endure an invasive and dangerous round of therapy.
This is certainly not the first such event in recent years but, uniquely, this one has rabbis threatening to call in the police to remove the child from the parents’ custody so doctors can start treatment. I won’t pretend to know enough about the case to have an opinion of my own. But assuming I’ve got just those details correct, I have a couple of general observations.
I’ve previously written about how traditional Torah sources teach us that perfection in bitachon (trust in God) requires limiting our worldly efforts wherever possible. A true baal bitachon, for example, will trust God to provide his income rather than spending too much (or any?) time at work. Similarly, according to the Ramban (Vayikra 26:11), a baal bitachon will avoid or limit medical intervention.
The Ramban observes how Tanach warmly praises the Judean king Assa with the exception (II Divrei Hayomim 16:12) of where he was sharply criticized for seeking help from doctors rather than God for a crippling leg illness.
The Ramban stresses that those idealized expectations for Assa were based on his rare personal achievements. However, the rest of us are blameless for relying on normal healthcare services.
Having said that, bitachon is measured on a sliding scale. Someone with a refined sensitivity to bitachon might, when faced with a serious illness, consult a single local doctor and follow his instructions, all the while reflecting on how the results were God’s work. At the other end of the scale, a painful diagnosis might, for someone with significantly less sensitivity to bitachon, trigger expensive travel and charitable fundraising campaigns.
To be sure, I heard no indication that this child’s parents were claiming great levels of bitachon. Instead, they seem to have lost trust in the ability of public health officials to operate objectively in the best interests of their patients. I can’t say whether they’re right or wrong on this, but after the dark events of past few years, I can certainly appreciate their concern.
But how did those rabbis see fit to proactively enforce their will on the family? Naturally, when asked for their guidance, I’d expect their advice to align with modern medical practices. But their guidance was not sought in this case. In that context, this shouldn’t have been a religious issue.
Should the police be involved? Perhaps. But that should have been a decision made by the medical team.
I am a bit perplexed.
In what country do police have the authority to take a child from parents' custody based on the recommendation of a rabbi without consulting the medical team?
Since you write without a lot of details, the ensuing discussion is more theoretical rather than practical. At that, it would seem to me that if the parents are pursuing alternative/natural treatments, then there would not be coherent right for the Rabbonim - as the parents are either doing correct hishtadlus if we conceded that alternative meds can work, or are genuinely relying on bitachon, seeing as they made a sober decision, and can rely on a 'miracle' even if the medicine lacks evidentiary efficacy.
Be that as it may, you correctly point out that the medical establishment has lost their 'ne'emanus' with their actions over the corona years, and those still unswearvingly trsuting them may well have fallen for 'kochi veotzem yodi'.