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There are two questions here: 1. Does the decree of Rabbeinu Ger- publication of names, one is prohibited to disregard their wishes, as
shom apply to all letters, or is the decree limited to specific types of explained in Shulchan Aruch (Choshen Mishpat, end of #231).
letters? 2. Does the decree apply only to not reading another’s letter
without his permission or does it go beyond this? I.e., if one already 1 AnsweR to Question 2
opened a letter unintentionally and saw what was written there, is How can we inform the public who is the most expert physician when
he allowed to reveal what he saw (provided that it does not include it comes to treating a specific condition?
#
lashon hara), or does the decree prohibit this as well? This information should be provided by the Ministry of Health
To what type of letter does the decree apply? The Shiltei Gibborim or the hospital administration. Alternatively, the patient himself can
writes (Shevuos 17a from the pages of the Rif) that one needs to write 8 seek a recommendation from his primary physician or the physician
on the letter that it is forbidden to open it. Shaarei Knesses Hagedolah who is treating him.
explains (Yoreh Deah #334, 9:5), as follows: “The decree of Rabbeinu Perhaps, instead of listing all the best doctors, one should provide
Gershom prohibits a person from opening his fellow’s letter, and he a list of physicians whose negligence can cause harm the public, on
who does so is excommunicated. We may say that he is not excom- condition that a kosher beis din certifies that this is so.
municated unless the person who wrote the letter said so – by writing A properly-run government would be permitted to make a law
on the back of the envelope “upagin dragma” (which is the Hebrew that the names of doctors who treated the lives of their patients light-
acrostic for “He who breaks a fence, will be bitten by the snake of ly will be publicized. Being that the doctor requires a medical license
Rabbeinu Gershom, light of the exile). Even if the man who wrote to practice from the government, he would accept this precondition
the decree on the letter is not authorized to excommunicate some- knowingly, so that no lashon hara would be involved.
one, if the man who opened the letter knew that there is a decree of Even if the doctor did not know of this precondition when he re-
Rabbeinu Gershom, then he is excommunicated. Responsa Chikekei ceived his medical license, it seems it would be permitted to publicize
Lev (Yoreh Deah #49), though, says that if there is no writing at all a doctor who is consistently negligent and makes light of life and
on the envelope, the man who reads the letter is exempt from excom- death issues. A physician is forewarned of the fact that he can be
munication. Responsa Halachos Ketanos (Part 1 #276), also discusses summarily fired from his postion without warning if he makes a fatal
the custom of writing “upagin” on the envelope, but he concludes that error (Bava Basra, 21b). The same would apply to the publication of
even without the warning, it is prohibited to look into the private his name.
matters of another. The prohibition of being a gossipmonger applies 1
whether one seeks out the gossip for himself or whether he relates it SuMMaRy and Conclusions
to others. 1. There is room to consider whether or not publicizing a market

Does the excommunication apply to relating what one has read in survey of stores is permissible.
the letter? In Responsa Chikekei Lev (Yoreh Deah #49) the following 2. Even if we conclude that it is permissible, this ruling would not
question is brought up: A Jew had business dealings with a gentile pertain to a listed rating of physicians and their qualities.
who was in possession of some of his money. The Jew became con- 3. It is permissible to publish a list of physicians who do not prac-
cerned that the gentile would cheat him in some way. Then a letter tice medicine responsibly and may harm the public. A kosher
that the gentile sent to his gentile friend somehow reached the Jew. Is beis din must first verify the facts.

250 1 Medical-HalacHic Responsa of Rav ZilbeRstein Rating physicians publicly 2 219

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