Page 260 - 20818_park-B_efi

the prohibition is specifically connected to the breaching of trust? Or he will be prevented from doing mitzvos, because it would even be
is the prohibiton the very revelation of any information that the other
party would probably prefer to keep secret?
We should point out that Rav Yaakov Chagiz wrote that it seems
there is a prohibition to look into the private matters of one’s fellow-
man. If not, then how would we explain the fact that it says “Do not
gossip – to others or to yourself [meaning, there is a problem in you
yourself finding out, not only in revealing it others]”? (Responsa Hala-
chos Ketanos, Part 1 #276).
The Rama (Choshen Mishpat #420:38) writes: “He who speaks
badly about the deceased has to accept upon himself fast days and
repentance and a monetary fine.” Does this refer to falsely slandering
the dead (for which there is a specific edict, as ruled by the Shulchan
Aruch, Orach Chayim #426:3), or does it apply even to relaying some
true negative information about the deceased? If so, then what is the
source of this prohibition? Is it due to the injunction to honor the
dead?
If there is truly a prohibition against speaking lashon hara about
the dead, is there also a prohibition to reveal a person’s secret after his
death, even if the secret contains nothing negative about him?
3. Just as it is permitted to relate negative information about a per-
son if there is some benefit (toeles) involved (Chafetz Chaim, Rechilus
#9, Lashon hara #10), is it also permitted to reveal someone’s secret
for some benefit? Or perhaps, since the revelation of a secret is also a
breach of trust, there are different prameters?
Prof. Nachum Rakover
1 AnsweR to Question 1
Is there a prohibition to reveal a secret? Even if it was not told to
the person by the owner of the secret, it seems to me that there is a
prohibition against repeating it. As Rabbeinu Yonah wrote in Shaa-
rei Teshuvah (Shaar 3 #225), a person is obligated to conceal a secret
revealed to him by his friend, even if it does not involve any slander.
254 1 Medical-HalacHic Responsa of Rav ZilbeRstein
9
permissible to hand him over for execution.
It says in the Rama (Yoreh Deah #336:1) that we excommunicate a
person who is worthy of excommunication, even if there is a chance
that this may cause him to adopt bad behavior. The Vilna Gaon (there
336:5) writes that the source for this is that it says in maseches Kid-
dushin (72a) that we excommunicate a sinner despite the fact that
this may cause him to become an apostate. We do not need to be
concerned about this possibility.
Case 2:
If the country that is demanding extradition is likely to execute the
Jewish sinner, then it is prohibited to give him into their hands since
he does not deserve death. When it says in maseches Bava Metzia
(83b) that Rabbi Elazar bar Rav Shimon handed over thieves to the
government even if the King would kill them, there was no other way
to stop them except by handing them over. If this is the case, then ba-
sic halachah permits handing them over (but it is not appropriate for
great pious men such as Rabbi Elazar bar Rabbi Shimon and Rabbi
Yishmael to do so). Nowadays, this is not applicable since it is always
possible they may be imprisoned, not executed. Therefore, it is not
permissible to hand them over to be killed if the gentiles will kill them
contrary to the laws of the Torah.
Case 3:
If it is clear to beis din that the sinner repented and will not return
to crime again, one should not hand him over to the government. In
his current situation he is not deserving of jail according to Torah law.
As Rashi wrote in Pesachim (91a, s.v. beis ha’assurim) that we imprison
a person for the following reasons: a) To force him to divorce his wife
then he is obligated to divorce her. b) If he owes money and runs away
to avoid paying it. c) If he threw a stone at someone and we are unsure
if the victim will die from the wound. A thief is not included in this
list. If someone stole, then we obligate him to return his loan or other
Changing details of a medical report 2 279 # 20818