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danger the public in the future. But if he will not do so again, then we he allowed to open it, in order to find out what the gentile is planning
are not permitted to hand him over. And the Chazon Ish refers only and possibly save himself from harm?
to a situation where if they do not hand him over, the gentiles will kill In order to answer this question, we would need to understand
all of them, including him, and not to a situation where he would be the underlying basis of Rabbeinu Gershom’s decree. Is it because the
saved. Torah says: “And you shall love your brother as yourself ” (Vayikra
19:19), which the Sages interpret to mean “What is hateful to you,
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1 AnsweR to Question 2 do not do to your friend” (maseches Shabbos 31a)? If so, this prohi-
bition only applies to Jews but not to gentiles. Or, perhaps he made
Regarding the question of whether or not it is permissible to change this decree because of the prohibition against deception? Reading a
the date of death on the report, so that they bury the deceased on 9 private letter addressed to another person would certainly constitute
that day, it seems to me that it is a mitzvah to report an incorrect deceiving him. This prohibition would apply to a gentile as well (as
date so that the deceased be buried on that day. However, if there is a ruled in Choshen Mishpat #228:4).
possibility of chillul Hashem, the physician should not do so. There is a third explanation of Rabbeinu Gershom’s decree. The
We learn this in maseches Yevamos (79a) where the Sages ask: If it author of Responsa Toras Chaim (by the Maharchash, Part 3 #46)
says (Devarim 24:16): ”The fathers shall not be put to death for the writes that it is prohibited because of stealing. One who borrows
children,” then why did the sons of King Shaul die because he at- something without the owner’s knowledge has transgressed the pro-
tacked the people of Givon? The Gemara answers: Said Rabbi Chiya hibition of stealing. If this is the basis of the decree, then it would
bar Abba and Rav Yochanan: It is preferable that one letter of the To- also apply to a gentile, because the prohibition of stealing does not
rah be uprooted than that Hashem’s name be desecrated. And it also distinguish between a Jew and a gentile.
says that ”And Ritzpah, daughter of Ayah, took sackcloth and spread Accordingly, the Chikekei Lev wrote regarding a Jew who wants to
it for her upon the rock from the beginning of the harvest until water read a gentile’s letter in order to save himself from possible harm, that
was poured upon them from Heaven. And she did not allow neither it seems that Rabbeinu Gershom’s decree does not apply to this type
from the birds in the sky to rest on them by day, nor the beast of the of person, but one should ensure that the gentile does not discover
field by night” (Shmuel II 21:10). And the Gemara asks: But is it not that he read his letter.
written (Devarim 21:23): ”You shall not leave his carcass on the tree To review, there are three reasons why it is prohibited to open a let-
unburied.”? The Gemara answers: Rav Yochanan said in the name of ter: a) Because “You shall love your fellowman as yourself ”, b) because
Rabbi Shimon ben Yehotzadak: It is better that a letter of the Torah of the issur of deception, c) because it is like borrowing without the
be uprooted so that Hashem’s name be sanctified. [Since Shaul’s sons owner’s knowledge, which is considered stealing.
were left hanging on the trees] passersby were inquiring: What kind In our case, where Dr. Shimon already opened Dr. Reuven’s letter
of men are these? These are royal princes, they were told. What did by mistake, and the question is only whether he is allowed to relate
they do? They laid hands on deficient converts (the Givonim), they what he saw in the letter, the first two reasons do not apply. To “love
were told. “There is no other such nation that is worthy of having one’s fellow as oneself ” does not apply, since he is not damaging him,
others join it!” they would then exclaim. but will cause him to be paid more in Israel. So, too, deception does
Thus, in order to sanctify Hashem’s name, they violated the prohi- not apply since he looked at the letter by mistake.
bition of “Do not let his body hang on the tree overnight unburied.” I presented all of the above to my father-in-law, Rav Y. S. Elyashiv

282 1 Medical-HalacHic Responsa of Rav ZilbeRstein Physician wants to reveal secret 2 251

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