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son according to his nature. If he is an easygoing person, one order to save lives. Therefore, if there is no other way to effect change, #
should rebuke him pleasantly; if he is more difficult, one should one is obligated to inform the physcian’s superiors of his negligence.
rebuke him as necessary, and use parables. (Perhaps this refers Hashem will reward those who revere and fear Him, and fear no man
to the way the prophet Nasan rebuked David Hamelech with a in their fulfillment of the precept of “And so that your brother live
parable about a poor man and a sheep (Shmuel II, 12). Since a with you” (Vayikra 25:36).
person is often unable to see his own flaws, telling him a parable
about an unconnected party is often effective.) 1 SuMMaRy and Conclusions

c) One must rebuke at an appropriate time. Our Sages say, “Do 1. It is a mitzvah to prevent the employment of someone with a
not try to see him in his disgrace” (Avos 4:18. See Tiferes Yisrael “serious defect,” meaning a defect that would cause the employer
there, #18). It is best to put off the rebuke to a time when it to fire him even after he had already been hired. If his deficien-
will be heard (except in a situation where one must remove him cy is not considered serious, it is prohibited to reveal it unless
from sin immediately).
someone involved is concerned that this person’s emplyment
d) One who rebukes must understand the spirit of the times and will hurt him directly. In this case, he is allowed to reveal the
the person’s location. He is not likely to listen if you rebuke him deficiency in order to protect himself from harm, but only on
for something that everyone does. There is no point in rebuking condition that he not exaggerate, that he not be motivated by
an individual when he is likely to do what the majority of people hatred, and that he is sure his words will be accepted. 20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta
around him do. (Responsa Me’il Tezedakah, 19) 2. Expertise and experience are the defining attributes for a #20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- | Black 20818_efi-ab - 20818_efi-ab | 8 - A | 18-08-20 | 13:29:02 | SR:-- |
e) There is no obligation to rebuke a scoffer (Yevamos 65b), physician. If he has these attributes one should not attempt to
meaning someone who is wise in his own eyes and makes fun prevent his employment.
of others (the Ibn Ezra on Mishlei 9:8). Likewise there is no 3. If there are several candidates whose levels of expertise do not
obligation to rebuke a simpleton or an insane person (Rambam, differ radically from each other, one is permitted to speak out
Hilchos Deos 6:9). The Tiferes Yisrael says this is because he has against the negative character of one of them and to hire the
a “crooked mind” and, like the scoffer, will reject the words of one with better character, since the doctor’s kindness affects the
rebuke off-hand (Avos 4:83). The Maaseh Rokeach, on the other recovery of the patient.
hand (on the Rambam, there), says this is because rebuking a
simpleton or a madman is not fitting for a person’s honor. This 4. If it is clear that the supervisor will hate the physician and try
is similar to the exemption for returning a lost object if doing to take revenge, the physician is exempt from rebuking him. If
so would place a respectable person in an undignified situation. there is only a possibility of revenge, then one is obligated to re-
However, the exemption would only apply, then, if he rejects the buke him and to fulfill “Do not fear any man.” If the supervisor
words of rebuke (Bava Metzia 31a). If not, then regarding some- is a habitual sinner, and there is no mitzvah to rebuke him, it is
one like this it is said, “Rebuke, you shall rebuke,” meaning, even still necessary to do so in order to fulfill the mitzvah of returning
one thousand times (as the Maharshal explains on the Semag, a lost object, unless he will clearly seek revenge.
mitzvah 11). Therefore, the person who is rebuking must know 5. If there is a near certainty that patients may be hurt, and cer-
the other party well. If he will reject the words; if he is unable tainly if there is a possibility of loss of life, one is obligated to

242 1 Medical-HalacHic Responsa of Rav ZilbeRstein Notifying Authorities about deficiencies 2 227