The Evolution of Jewish Law: Sources on Illness and Visiting the Sick

(1) LAWS OF VISITING THE SICK; HEALING; THE APPROACH OF DEATH AND ONE IN A DYING CONDITION.
It is a religious duty to visit the sick.¹Shab. 127a; B.M. 30b; B.K. 100a; Ned. 39b-40a; Sot. 14a. Relatives and friends²Who are intimate with him and are on an equal footing as relatives. may enter at once and strangers after three days. If the sickness overtakes him³Lit. ‘springs upon him.’ both may enter forthwith.⁴Tur in abridged form from T.H. — G. Y. Peah III, 9(17d); ibid. Git. VI, 7 (48a-b) ; Sem. de R. Ḥiyya (H) I, 1; also Sem. (H). Int. pp. 17-19 and cf. Ber. 55b; Yad, Ebel XIV, 5 and Kes. Mish. ibid. Strangers are not permitted to visit the sick person before three days elapse, for prior to this period their visit indicates that the patient’s luck is shaky and that he is designated a sick person. This, however, does not apply to relatives and intimate friends who are much closer to him. Hence, if the sickness overtakes him even strangers are permitted to visit him immediately — BaḤ. A Kohen is permitted to visit a sick person in a hospital, although it is quite likely that a corpse is present there. However, he should first make inquiries from the hospital authorities whether there is a corpse there or not. Where this is impossible to be determined, the Kohen may visit the patient in order to fulfil the religious duty of visiting the sick. The Kohen should not fear that there are sick people in the hospital who are in a dying condition, for we apply the principle that the majority of sick people recover — Resp. Teshurath Shai.

(2) Even a prominent person must visit a humble one;⁵Ned. 39b. even many times a day and even if the visitor is of his affinity.⁶Of the same age as the invalid. Thus Rashi. According to Asheri: ‘under the same planetary influence.’ ‘For a master said: ‘A man’s affinity takes away a sixtieth of his (the sick person’s) illness’ (Ned. ibid.; B.M. 30b). One who increases [his visits] is considered praiseworthy,⁷In accord with Raba’s dictum (Ned. ibid.), ‘Even a hundred times a day.’ provided he does not trouble him.⁸Ibid. The visitor should not come empty-handed — Sefer Yesh Noḥalin. Gloss: Some say that an enemy may visit a sick person.⁹Maharil s. 197 — G. However, this does not seem plausible to me; but he should not visit a sick person nor comfort a mourner whom he hates, so that [the latter] should not think that he rejoices at his misfortune, and thereby feel depressed.¹⁰One may, however, follow the funeral procession of his enemy since this is the end of every human and ‘rejoicing at one’s misfortune’ does not apply (BaḤ). But as to visiting the sick or offering comfort to a mourner, it depends upon the degree of enmity. — ShaK. One should therefore, use his judgment, especially if the sick person gives him permission to visit him — Sefer ha-Ḥayyim. Thus seems to me [to be the correct view].¹¹San. 19a — G. also Me’iri ibid.

(3) One who visits the sick may neither sit upon a bed, nor upon a chair, nor upon a stool, but must [reverently] wrap themself and sit in front of [the invalid], for the Divine Presence is above the top-side of his bed.¹²For it is written, ‘The Lord supports him upon the bed of illness’ (PS. XLI, 4). Shab. 12b, and Tosaf. s.v. לא; Ned. 40a and RaN s.v. לא. Gloss: [This applies] only if the sick person lies on the ground so that he who sits [near him] will be on a higher level; but when he lies upon the bed, it is permissible [for the visitor] to sit on a chair or a stool.¹³B.Yos. citing RaN; Hag. Maim.; Tosaf. and Hag. Asheri — G. And thus is our accepted practice.¹⁴This means that it is permissible to sit on any side of the invalid’s bed as long as the visitor is not on a higher level. , however, Zohar Pinḥas 234b where it is stated that if the invalid is an average person בינוני one should not sit at his feet, and at the top-side of the bed it is forbidden even if both are on the same level; if the invalid is a perfectly righteous person צדיק גמור the visitor may sit only in front of him at his feet, for in this case the Divine Presence is found on every side of the invalid excluding the side at his feet.

(4) One must not visit the sick during the first three hours of the day, — for every invalid's illness is alleviated in the morning and [consequently] one will not trouble thmself to pray¹⁵Lit. ‘to ask for mercy.’ for them; and not during the last three hours of the day, — for then their illness grows worse and one will give up hope to pray for them.¹⁶A.H. Gloss: One who visited [a sick person] and did not pray for him has not fulfilled the religious duty [of visiting the sick].¹⁷B.Yos. citing N (in T.H.) — G.

(6) One should combine them with other Jewish sick by saying, 'May the Omnipresent have compassion upon you in the midst of the sick of Israel;'²⁰Shab. ibid. since the merit of a group is more efficacious. and on the Sabbath one says, 'It is the Sabbath when it is forbidden to cry out²¹and healing will come soon.'²² O.Ḥ. § 287.