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“And if a man hits his servant and he dies…in his stead, he shall take and b) “Returning a lost object” where we are obligated to rebuke the
revenge.” (Shemos 21:20): From here we learn that if a physician, an administrator so that he should return the public money he stole.
agent of a beis din or a teacher kill someone in their care in a way that The Biyur Halachah (#608, s.v. aval) teaches that when the Rama
is considered deliberate, they are all to be dismissed from their posi- ruled that one is obligated to rebuke his fellow if he sees him trans-
tions and left to find other work. If they repent, they can be restored gressing something clearly defined in the Torah, he meant a case in
to their former positions.
which the person sinned once, accidentally. If he is someone who
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There is a difference of opinion in the Shulchan Aruch (Choshen rejected the yoke of Torah completely (such as one who desecrates
Mishpat, 206:8) as to whether they are dismissed after one incident, Shabbos openly in public, or eats non-kosher meat ‘to spite’) then he is
or only after three. While the Shulchan Aruch holds that they are fired no longer considered “your fellow” and one is not obligated to rebuke
immediately after one error, the Rama disagrees and says only after him. If he eats non-kosher meat because he likes it, or desecrates
three times. In practice, as we have stated elsewhere, if the physician Shabbos but not publicly, one must consider carefully whether to
usually does his work well and devotedly, one cannot fire him for one rebuke him.
error. One cannot even fine him. However, if his work is usually done Accordingly, if the supervisor is among those who threw off the
carelessly, then it is very probable that one can fire him, and perhaps yoke of Torah completely, there is no mitzvah to rebuke him.
also fine him and revoke his medical license at least for a period of
time until he repents. Moreover, if he is likely to take revenge and cause him harm, he is
also exempt from rebuking him. This is what the Biyur Halachah says
In our case, the physician did not notice the retinal detachment (s.v. chayav): “But if he is a person who will hate the rebuker and take
of his patient due to his own poor vision or old age, so he certainly revenge on him, one should not rebuke him.” The Chazon Ish explains
should find another profession. Since our actions will affect his liveli- (Shevi’is 12:9), that the purpose of the rebuke is that the sinner should
hood, no one should not make any decision about this matter on his repent. If the rebuke causes him to sin with hatred and revenge, then
own. One must discuss it with people involved in the profession who it only makes things worse. The Rama (Yoreh Deah #334:48) adds
understand the matter. (As Rashi writes in maseches Chulin 52a, “He that “Although a person is obligated to protest against sinners, and he
should be very careful and call in all the ritual slaughterers and those who is able to do so but does not is guilty of that sin, in any event, a
in the know about the matter…”) person does not have to spend all his money for this purpose. There-
There are several instances that the poskim rule in what situations fore, we act leniently and do not stop sinners if there is concern they
one can fire a shochet. The underlying principal of judging favorably may hurt our lives or assets …”
where possible is highlighted by the following considerations: It also seems to me that he is exempt from the mitzvah of returning
It says in the Pischei Teshuvah (Yoreh Deah 1:107) that if a shochet a lost object as well if there is concern that the administrator will take
made one mistake, and after looking into the matter, they see that the revenge. It says in maseches Bava Metzia (30a): if his loss would be
mistake was a result of a confused state of mind, he must be dismissed greater than that of his fellow, he is not obligated to return the lost
until he returns to himself. On the other hand, the Darchei Teshuvah object to him. In Sefer Avkas Rochel (#195) he was asked if a person is
(ibid., 85) describes a shochet who is in great mourning because, for obligated to testify if he knows that the other litigant will take revenge
example, both his parents died at the same time. Due to his sadness, for his testimony. His answer is “Your life takes precedence.” There-
he is close to losing his mind and he has made several halachic errors. fore, if the physician is concerned that it may affect his livelihood if

244 1 Medical-HalacHic Responsa of Rav ZilbeRstein Notifying Authorities about deficiencies 2 225

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