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the goat. In spite of the fact that each type of blood is labeled, the # pupils, if they marry and have sons, should name their
Kohen Gadol’s weakness may lead to error. The same applies here. eldest sons for the youth who died. As for the servant-boy,
My father-in-law added that a person has no obligation to disclose he should take upon himself to give charity designated as
himself to the beis din so that they will punish him, even if he de- tuition payments for sons of poor people etc.
serves it by Torah law. Proof of this is what is written in maseches
Chullin 139a, that if a bird killed a person, the bird has to be put to
death, but there is no obligation on the owner of the bird to bring it to
the beis din so that it be killed, like the law regarding an ox that gores a
person or animal to death, which has to be stoned. Likewise a person
does not have to present himself to be punished, even if he will be
judged according to Torah law. And certainly in our case, where the
government will imprison him in opposition to Torah law, there is no
reason for him to confess.
There may be room to say that by confessing, the physician will
bring to light the terrible repercussions of unduly extended shifts.
However it is doubtful whether his confession will really effect
change, and he is certainly not required to bring suffering upon him-
self to this end.
In light of the above, my father-in-law instructed the physician to
ask his rav to show him how to repent and find atonement, but not to
confess to the authorities.
The above question was also presented to another gaon, and he,
too, answered that the physician should not confess. Why should he
cause the child’s family more pain? They think that their child died
due to an allergic reaction to the anesthesia. If they hear that the an-
esthesiologist made a mistake, then it will be a man-caused tragedy,
and they will think that if he had only been more careful, their child
wouldn’t have died. (This is what they will think. Of course in truth
Heaven decreed that the child should die and the physician was cho-
sen to be the agent.) Why cause them more pain? Your confession
will not benefit them at all. It has been said that “A physician’s error
is the Will of the Creator.” Moreover, the hospital administration will
be pained by this revelation, as will the physician’s wife and family. Of
course the physician should repent and seek atonement, but this is
between him and his Creator, and should not be publicized.

136 1 Medical-HalacHic Responsa of Rav ZilbeRstein Anesthesia instead of oxygen 2 141