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by only giving over the information [regarding the error] to the doc- Halachically, a child cannot waive his rights. How are we permitted
tor. It is certainly our duty to put pressure on those who are involved to dictate private matters to the secretary, who does not need to know
in this matter so that they not make mistakes. them for any reason?
Therefore, although we have to avoid shaming someone, in this This question applies not only to a hospital but to every office and
case, if we refrain from doing so, there is a real possibility of danger organization, whether it is a school or a factory. Furthermore, how is
to the life of many other patients. This is the type of situation where it permissible for dayanim to dictate a claimant’s claim to the secre-
we say, “It is better to desecrate one Shabbos and not many.” For this tary? [One cannot justify it by saying that since the the claims were
reason, it is preferable, to begin with, to mention the name of the said before three judges, there is no slander involved, for, as explained
midwife involved, because this will certainly increase the pressure on in maseches Bava Basra 39a, anything that was said before three is no
the physicians and the nurses to concentrate on their actions so that longer considered lashon hara. One cannot claim this here because
no mishap occur because of them. We are required to do everything the Chafetz Chayim wrote (Hilchos Lashon Hara #2:5) that if the
possible. This is not considered hishtadlus through sin, much like he three were G-d-fearing men who are careful about the prohibitions
who desecrates Shabbos for pikuach nefesh did not commit a sin, but of slander, this matter should not be revealed. Proof for this is from
rather performed a mitzvah. a halachah regarding dayanim. A dayan is prohibited from saying: “I
The midwife who is ashamed benefits as well because she will defi- thought you were innocent, but the others said you were guilty, what
nitely be more careful in the future. Thus we save her from erring in could I have done…” (as explained in maseches Sanhedrin 29a), and
matters of pikuach nefesh. One is permitted to rebuke one’s friend in the Mishnah applied this rule even to a beis din of seven judges.]
order to save him from sin. Thus, in regard to our question, Is a director allowed to dictate
Although the mitzvah of rebuking one’s fellow is on condition that to his secretary a letter that includes negative information about a
we “do not carry a sin upon him,” the Rambam writes (Hilchos Deos physician?
6:12) that in matters of Heaven, if he did not regret his actions, it is In my humble opinion I would advise the department director to
right to embarrass him in public and to shame him until he returns to dictate the letters to the secretary without citing the names of the
the right path. In our case, where this is the only way that the things doctors involved, and then he can fill in the name of the physician in
will really be heard, it is a fulfillment of the mitzvah of rebuking one’s each letter by himself. This way, the secretary will not know to whom
fellow, for it saves the midwife from future errors. the letter refers and there will be no lashon haora involved.
There is also a third thing. At the end of Sefer Chafetz Chaim, he My father-in-law, Rav Yosef Shalom Elyashiv zt”l, agreed with me.
quotes the responsum of the Chavos Yair, who wonders how we find He added that if the secretary will understand on her own to whom
in the Talmud expressions of contempt and spite that Talmudic Sages the letter refers, the director is obligated to take time off from his
said about each other. For example, Rebbi said about Levi, “It seems work in the hospital, and write the letters himself. Just as he would
to me that he has no brain in his skull.” And the Chavos Yair explains take time off from work for some important reason or another, avoid-
that at the end of the first chapter of maseches Sanhedrin (17b) it is ing slander and gossip is an important goal of its own, justifying not
mentioned that Levi was a disciple of Rebbi, and a teacher is allowed dictating the letter to the secretary. One must be concerned the honor
to rebuke his disciple with harsh words in order to stimulate him to of another person, and refrain from revealing his shame before some-
delve into a matter, and safeguard himself from error. one who does not need to know of it.
If these words were written in the Talmud, then certainly, Rebbi The Tzitz Eliezer answered this question as follows: Since the peo-

200 1 Medical-HalacHic Responsa of Rav ZilbeRstein Dictating negative opinions to secretary 2 205