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someone makes a mistake and is embarrassed as a result does he real- served. The Mishnah Berurah writes, in the name of the Magen 7
ly attain the truth of Torah. Thus we can rule here as well, especially Avraham, that even if he made a condition with his servant at
since these cases involve pikuach nefesh, that it is impossible to do the the time he hired him that he be exempt from this, the condi-
right thing unless mistakes are pointed out, even though this will tion is not valid. Our Sages question the Magen Avraham based
cause embarrassment. on the Gemara in maseches Bava Metzia 83a. There, it says that a
In addition to the above, it says in maseches Sotah (32b) that when person is permitted to make a condition with his worker that he
th
it comes to the chatas of an idolater we are not concerned about sham- not eat while working. The Shoel Umeishiv answers (4 edition,
ing the sinner, because the shame will be his atonement. Likewise, in Part 3 #28), that according to basic halachah, forgiveness helps
our case, we can say that if the midwife made a mistake in a matter but it is possible that he did not forgive him wholeheartedly.
of pikuach nefesh, the shame that she suffers in front of her colleagues Therefore, when the worker himself brings up the subject and
will atone for her. says that he forgives his employer for not letting him eat while
We also find in maseches Middos (1:2) that a guard would check working, his forgiveness is valid. But if the employer is the first
up on the shifts of the Leviyim. He would call out to the Levi, “Man to mention the condition to him, we suspect that he did not
of the Temple Mount, peace unto you!” If there was no response, it forgive him wholeheartedly.
was clear that the Levi had fallen asleep on duty. The guard would hit 3. It is related in maseches Bava Basra (22b) that bloodletters came
him with his cane, and he had permission to even burn his clothes. and practiced their trade under Rav Yosef ’s palm trees for three
People would ask, “What is the noise coming from the Temple court- years. As a result, crows gathered there to eat the blood, thus
yard?” And they would respond, “It is the sound of a Levi being hit damaging the dates and the trees. Rav Yosef told the bloodlet-
and his garments being burnt because he was sleeping during his ters to leave, as they were damaging his crops. Do they not have
shift.” Clearly, it was permissible to embarrass the Levi who had not a chazakah, having been working in this place for three years?
guarded properly. The same would apply to the midwives in our case, Rav Yosef was asked. No, responded Rav Yosef. When it comes
especially because there is pikuach nefesh involved. to damages, there is no chazakah. The damaged party can always
On the other hand, a Levi who fell asleep during his shift is con- say: I thought I could tolerate this damage, but now I see that I
sidered a criminal, while the midwives here might have been careless, am not inclined to waive my rights.
but did not sin intentionally.
(We also find that the Torah scholars of our generation do not Likewise, in our case, the young physician can say: I
permit dissection of the body after death in order to improve the per- thought I could waive my right, but I made a mistake.
formance of the medical staff. However this is not pertinent to our
case because there the reasoning is in order to put up an additional There is another reason to say that waiving does not make it per-
safeguard to prevent transgression.) missible to share negative information with the secretary. It says in
It seems the halachah would rule that the meeting can be held maseches Bava Metzia (104b): A man received some land from his
without mentioning the name of the midwife involved, even if her friend and said: If I do not cultivate your field, I will give you a thou-
identity later becomes known. If the administration insists that the sand zuz. He did not cultivate the field. Rava says that the reason
name of the midwife be mentioned, the supervising nurse is allowed he offered one thousand zuz was because he was sure he would be
to obey since the discussion is useful. She is not required to quit her able to cultivate the field. Had he known that circumstances would

198 1 Medical-HalacHic Responsa of Rav ZilbeRstein Dictating negative opinions to secretary 2 207