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If one suspects a person of stealing, should one
inform the police?

1 Question
DIVORCE DUE TO
ERRONEOUS MEDICAL The administrator of several public institutions suddenly increased
44 INFORMATION his standard of living and began living like a rich man. He extended
his apartment, decorated his home expensively, and started going on
lavish vacations. As a result, a rumor spread that he was profiting
from public monies. People are not certain whether or not to hand
him over to the police, since there were no witnesses who saw him
1 Question steal public funds. Merely opening an investigation against him will
impinge on his livelihood. On the other hand, should this not be
A woman developed a rash on the palms of her hands, on her feet done in order to safeguard public assets?
and in the inside of her mouth. A skin specialist has her blood tested,
but could not make a definitive diagnosis. He diagnosed secondary 1 AnsweR
syphilis, because of the rash and its appearance, before he received the
results of the test specific for this disease. The physician explained It is related in maseches Gittin (52b) that Amram the dyer was ap-
to the couple the essence of the disease and that the husband may pointed the guardian (apotropos) of orphans. Relatives of the orphans
become infected or develop serious complications. Relying on this in- complained to Rav Nachman that the guardian was using the or-
formation, the couple divorced, although they had been living togeth- phans’ money and assets to clothe himself.
er peacefully and pleasantly all their lives. After a short time period, “He dresses so in order to command more respect,” explained Rav
the woman received the results of the blood tests, which negated the Nachman in response.
diagnosis of syphilis. The rash subsided on its own. “No,” insisted the relatives. “He eats and drinks from their money,
The woman is preparing to marry another man and the physician as he himself is not a man of means.”
feels guilty, because in retrospect his opinion was incorrect and was “We can judge him favorably,” answered Rav Nachman, “by assum-
made hastily without adequate contemplation. The physician thinks ing that he found something valuable.”
the divorce is null and void since there was inadequate reason for it. We learn from here that a guardian is to be judged favorably. We
If that is the case, she should be considered a married woman, and do not assume that he stole. In our case as well, we can assume that
if she would have children from the second marriage, they would be his extravagant lifestyle is a result of a treasure he discovered or an
mamzerim (illegitimate). inheritance he received. It is forbidden for us to judge him negatively,
What should the physician do? Was the husband’s decision to and to assume that he is profiting from the institutions he adminis-
divorce his wife based only on the information given to him by the ters. The Rama (Orach Chayim #53:25), writes as follows: “We do not
physician? fire [the cantor] because of a rumor, such as if a rumor spreads that

182 1 Medical-HalacHic Responsa of Rav ZilbeRstein Died during a dental procedure 2 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:01 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:01 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 6 - A | 18-08-20 | 13:29:01 | SR:-- | Black #20818_efi-

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