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because the basic identifying feature for a chazzan is that he have a In this case, one can be lenient and prohibit only the meat that he
sweet voice. The other qualifications would give him priority over the
other candidate only once he has the main qualification.
According to this approach, my father-in-law explained that the
identifying feature of a good doctor is his expertise and experience in
medicine. It is explained in the Mishnah Berurah (#618:10), that if the
most expert physician believes that the patient should eat on Yom Kip-
pur, we feed him, even if 100 physicians say otherwise. Being accepted
and beloved by his colleagues and having good character traits are
only additional qualities that would give him preference over another
once the primary identifying feature is in place. Therefore, when the
questioner describes the candidate as an expert physician with much
experience, he is describing someone who has the main qualification
necessary for the job. It is thus difficult to call his character flaws a
“serious defect,” at a time when we are obligated to find a physician
who has the basic qualifications of expertise and experience. Thus it
would be forbidden to speak lashon hara about him to the supervisor.
This was the view of my father-in-law zt”l.
What if two candidates had presented themselves, both expe-
rienced and experts in their field? The first has more vast medical
knowledge but the second has a more pleasant personality and a
better bedside manner? If the differences are not acute, then one
should choose the latter. The physician’s good character traits help
the healing process. As it says (Mishlei 18:14): “The spirit of man feeds
an illness.” Therefore, if the second physician’s level is not much be-
low that of the first in knowledge and has good personal traits, it is
permissible to talk about the first and prevent his acceptance for the
position. A person’s life is sometimes affected by the kind personality
and good traits of the physician. A patient physician who encourages
the patient can give him a cure and long life.
1 AnsweR to Question 3
The obligation to rebuke the administrator is based on two mitzvos:
a) “You shall rebuke your fellowman and not bear sin because of him,”
224 1 Medical-HalacHic Responsa of Rav ZilbeRstein
slaughtered after the death of his parents.
Moreover, if a ritual slaughterer was sick and after he recovered, he
made a halachic error, then one can assume that he became confused
because of his illness, and one can permit the meat that he slaugh-
tered before his illness.
The Sefer Tuv Taam Vadaas (Chapter 35) writes that if a shochet
refuses to show his knife to his colleague, he should be fired. A G-d
fearing shochet will want to show his knife and save himself from er-
ror. His refusal to do so may be an indication of lack of fear of Heaven
or lack of skill.
From the above examples, we learn that if one can judge favorably,
and find a solid specific reason for the error, it is possible to be lenient
and encourage the person to review his studies and apply himself and
repent of his negligence. If there is no reason for his error, then one
must warn him, and if he does not repent, one must have him fired.

1 SuMMaRy and Conclusions
1. The Sages were lenient with a physician who erred unintention-
ally. Even if he acted intentionally and did not make the correct
diagnosis, and, as a result, he did not find the retinal detachment
and the patient lost his eyesight, that does not make him liable,
in a human court, to pay for his failure.
2. If the physician or the hospital is insured by an insurance
company, the patient or family can sue for the amount of the
insurance. And one should inform the family that they ought to
sue for the money due them.
3. Lashon hara is permitted regarding a physician who regularly
misdiagnoses, and only if the conditions cited above from the
Chafetz Chaim are met.
4. If one will certainly suffer personally for rebuking the doctor,
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