The Biblical Source of Bikur Cholim
Q. What is the Biblical source of the mitzvah of bikur cholim (visiting the sick)?
A. The Gemara (Sotah 14a) states that we are obligated to emulate the ways of Hashem (this is based on Devarim 13:5). One of the paths cited by the Gemara is that Hashem visits the infirm (as He did for Avraham in Bereishis 18:1). Elsewhere (Nedarim 39b), the Gemara finds an additional allusion to bikur cholim in Moshe Rabbeinu’s warning to Korach (Bamidbar 16:29) that he will die without visitors, unlike others. Clearly, we see that it is customary to visit the sick. The Gemara (Bava Kama 100a) cites another source for the mitzvah of bikur cholim from the verse (Shemos 18:20): “And warn them about the laws and the teachings and make known to them the way they are to go and the practices they are to follow.” The Gemara explains that the phrase “they are to go” refers to visiting the sick. Although Chazal presented multiple sources in the Torah for the mitzvah of bikur cholim, there is a dispute among Rishonim whether this is a Torah or Rabbinic obligation. Rabbeinu Yona and Ritva were of the opinion that the mitzvah is a Torah imperative, while Rambam (Avel 14:1) and Tur (YD 335) held that visiting the sick is a Rabbinic mitzvah. The Rambam has a unique position. He says the mitzvah of bikur cholim is Rabbinic, but adds that one also fulfills the Torah mitzvah of “v’ahavta l’reiacha kamocha” (love your neighbor as yourself). How can it be both a Biblical and Rabbinic obligation? Rav Soloveitchik zt”l explained the Rambam as follows. The mitzvah of v’ahavta l’reiacha kamocha is a broad general category, as there are innumerable ways that the mitzvah of "v'ahavta l'reiacha kamocha" can be fulfilled. Though the mitzvah is a Biblical commandment, it is up to the individual to decide how to fulfill the mitzvah. On a Biblical level, one is not obligated to visit the sick, but if one did so, the mitzvah of v’ahavta l’reiacha kamocha is fulfilled. Nonetheless, the Rabbis enacted a decree that made bikur cholm obligatory. Thus, there is both a Biblical and Rabbinic mitzvah associated with Bikur Cholim. Because bikur cholim is Rabbinically mandated, the principal of ha’osek b’mitzvah patur min ha’mitzvah (one who is involved in a mitzvah is exempt from performing other mitzvos) applies.
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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.