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son according to his nature. If he is an easygoing person, one
should rebuke him pleasantly; if he is more difficult, one should
rebuke him as necessary, and use parables. (Perhaps this refers
to the way the prophet Nasan rebuked David Hamelech with a
parable about a poor man and a sheep (Shmuel II, 12). Since a
person is often unable to see his own flaws, telling him a parable
about an unconnected party is often effective.)
c) One must rebuke at an appropriate time. Our Sages say, “Do
not try to see him in his disgrace” (Avos 4:18. See Tiferes Yisrael
there, #18). It is best to put off the rebuke to a time when it
will be heard (except in a situation where one must remove him
from sin immediately).
d) One who rebukes must understand the spirit of the times and
the person’s location. He is not likely to listen if you rebuke him
for something that everyone does. There is no point in rebuking
an individual when he is likely to do what the majority of people
around him do. (Responsa Me’il Tezedakah, 19)
e) There is no obligation to rebuke a scoffer (Yevamos 65b),
meaning someone who is wise in his own eyes and makes fun
of others (the Ibn Ezra on Mishlei 9:8). Likewise there is no
obligation to rebuke a simpleton or an insane person (Rambam,
Hilchos Deos 6:9). The Tiferes Yisrael says this is because he has
a “crooked mind” and, like the scoffer, will reject the words of
rebuke off-hand (Avos 4:83). The Maaseh Rokeach, on the other
hand (on the Rambam, there), says this is because rebuking a
simpleton or a madman is not fitting for a person’s honor. This
is similar to the exemption for returning a lost object if doing
so would place a respectable person in an undignified situation.
However, the exemption would only apply, then, if he rejects the
words of rebuke (Bava Metzia 31a). If not, then regarding some-
one like this it is said, “Rebuke, you shall rebuke,” meaning, even
one thousand times (as the Maharshal explains on the Semag,
mitzvah 11). Therefore, the person who is rebuking must know
the other party well. If he will reject the words; if he is unable
242 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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order to save lives. Therefore, if there is no other way to effect change, #
one is obligated to inform the physcian’s superiors of his negligence.
Hashem will reward those who revere and fear Him, and fear no man
in their fulfillment of the precept of “And so that your brother live
with you” (Vayikra 25:36).
1 SuMMaRy and Conclusions
1. It is a mitzvah to prevent the employment of someone with a
“serious defect,” meaning a defect that would cause the employer
to fire him even after he had already been hired. If his deficien-
cy is not considered serious, it is prohibited to reveal it unless
someone involved is concerned that this person’s emplyment
will hurt him directly. In this case, he is allowed to reveal the
deficiency in order to protect himself from harm, but only on
condition that he not exaggerate, that he not be motivated by
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physician. If he has these attributes one should not attempt to
prevent his employment.
3. If there are several candidates whose levels of expertise do not
differ radically from each other, one is permitted to speak out
against the negative character of one of them and to hire the
one with better character, since the doctor’s kindness affects the
recovery of the patient.
4. If it is clear that the supervisor will hate the physician and try
to take revenge, the physician is exempt from rebuking him. If
there is only a possibility of revenge, then one is obligated to re-
buke him and to fulfill “Do not fear any man.” If the supervisor
is a habitual sinner, and there is no mitzvah to rebuke him, it is
still necessary to do so in order to fulfill the mitzvah of returning
a lost object, unless he will clearly seek revenge.
5. If there is a near certainty that patients may be hurt, and cer-
tainly if there is a possibility of loss of life, one is obligated to
Notifying Authorities about deficiencies 2 227