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he reveals what he knows to his superiors, then he is exempt from the
mitzvah of rebuke.
However, if his only concern is the discomfort and unpleasantness
that may result, then he should not refrain from rebuking the admin-
istrator. The Bechor Shor (Sotah 47b, brought by the Pischei Teshuvah,
Yoreh Deah 334:19) decries the fact that many use the aforementioned
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words of the Rama as a basis for refraining from rebuke in cases where
there is no room for exemption. Based on the Rama, they hold back
their rebuke and flatter those who have some connection with those
who are in power, and so the Torah is not upheld. This is an absolute
mistake. In truth, the words of the Rama are based on Responsa Ma-
hari Weil #157, where he explains that the Rama’s words only apply if
it is absolutely clear that the rebuke will cause him damage. If we do
not say that, then we are nullifying the command “Do not fear any
man,” which surely applies in a situation where there is reason to be
afraid. He discusses this distinction at length.
My father-in-law added that the verse “And the land was corrupt-
ed before the G-d” (Bereishis 6:11) implies that only Hashem viewed
their act as corrupt; in their own eyes, they had done no wrong since
they always stole something of less value than a prutah. Likewise,
unfortunately, many people do not consider a telephone conversation
while on shift stealing. By Torah law, however, it is stealing. One must
speak out against it. If a person fails to do so, he becomes part of the
sin, except if doing so will clearly cause him harm.
1 AnsweR to Question 2
While there is room for leniency in rebuking someone about stealing,
when it comes to matters of life and death, as in question 2, the mat-
ter is much more stringent. Therefore, if it is clear that the physician
who was negligent is likely to cause the loss of lives, one has to do
everything possible to protest against his behavior. Keeping quiet is
a violation of the precept “Do not stand idly by the blood of your
fellowman” (Vayikra 19:16). Many of our Sages rule that a person is
obligated to lose even more than one fourth (chomesh) of his wealth in
226 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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to control his evil inclination and is not stable - then one should
not rebuke him.
f) Sefer Hachassidim says (Chapter 139): If you hear someone
teaching something mistaken, you should not tell him that he is
mistaken if it will cause him shame. Rather you should tell his
relative or good friend to tell him, and not spill his blood.
g) In the book Tabbur Haaretz the following story is related: One
of the Rabbanim in Teverya approved of an eiruv that was in
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fact unkosher. His friend said nothing, but then approached
him and asked if they could study maseches Eiruvin together.
While they were learning, the rav became aware of his own
error and thanked his friend for the pleasant way in which he
had rebuked him. He then asked his friend, “Why did you not
publicize my error?” to which his friend replied,“Eiruvin is a
Rabbinical injunction, while repect for Torah is a Torah one!”
These two Rabbanim served the city together in harmony for
many long years.
The Zohar explains that proper rebuke mimics the rebuke of the Al-
mighty. Hashem rebukes a person lovingly, and privately. If he does
not accept the rebuke, then Hashem rebukes him before his relatives.
If he does not accept it then either, Hashem rebukes him publicly,
and then leaves him to make his choice. It is forbidden to rebuke
someone by shaming him, even privately. One should speak to him of
other matters and put the words of rebuke into the conversation, for
Hashem is greatly concerned with the dignity of the sinner (Ra’aya
Meheimna, Kedoshim, Chapter 5).

We will now judge when it would be appropriate to tell the authorities,
thus causing the dismissal of the negligent doctor from his position.
It says in maseches Bava Basra (21b): “A teacher of children, a gar-
dener, a ritual slaughterer, a bloodletter/physician, and a scribe - all
are forewarned,” meaning that if they err and cause harm, they can be
summarily fired without warning.
The Tanna Devei Eliyahu says (Chapter 23) regarding the verse
Informing a patient about a mistake 2 243
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