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Mordechai (Bava Kamma #81) that it is prohibited to disgrace the However, Eliyahu Hanavi then ceased talking to him and said to
dead. He learns this from the verse (Bamidbar 32:14): “And behold Him, “Until when are you going to hand over the nation of our G-d to
you are risen up in your father’s stead, a brood of sinful men.” Hash- be killed?!” According to his reaction, it seems they acted contrary to
em said to Moshe, “You disgrace the Avos!” It seems, then, this is not the halachah. But the Rashba writes in his responsa (Choshen Mishpat
the prohibition of “Do not be a gossipmonger” but an additional one. #388) that it was not fitting for men of Rabbi Elazar bar Shimon and
In the Sefer Derech Sichah (p. 430), Rav Chaim Kanievsky shlit”a Rabbi Yishmael bar Rabbi Yossi’s stature to report Jewish thieves to
writes that when the poskim relate that there is an ancient cherem the gentiles. However, basic halachah permits doing so because “The
upon one who falsely slanders the dead, their intent is that there is no King by justice establishes the land” (Mishlei 29:4). If thieves were not
cherem for other things, such as lashon hara and revelation of secrets reported to the gentiles, society would be destroyed.
relating to the dead. However, these things are certainly prohibited. Therefore, if the criminal is likely to continue in his criminal ways,
It is forbidden to speak lashon hara, even about wood and stones (as it is permissible to hand him over to the gentiles for two reasons: a) to
explained in maseches Erchin 15a.) stop him from sinning and b) to eliminate evil from the world.
And why is this so? Because if he is imprisoned, he will not steal.
To stop someone from sinning, it is appropriate to put him behind
1 AnsweR to Question 3 bars.
However, we still need proof that it is permissible to hand a Jew
Is one allowed to reveal a secret letoeles? For example, a patient comes over to gentiles in order to save him from sinning. The simple in-
to the physician and shows him a medical document saying that he terpretation of the Gemara in Bava Kamma (117a) indicates that the
suffers from a specific disease and is seeking a cure. Is the physician severity of giving over a Jew to gentile hands stems from the fact that
allowed to reveal the secret to a woman who is about to become en-
gaged to him? once a Jew is “caught in their net,” they have no pity on him. Can we
place a Jew in such a situation in order to stop him from stealing?
The answer is yes; it is even a mitzvah to tell his bride because it Perhaps we can prove that it is permissible to do so, based on the
was forbidden for him to conceal the knowledge from her. There is no Rama’s explanation (Even Haezer #154:1). He writes that some poskim
prohibition here of stealing or deception. In fact, if anyone is guilty of rule that we can use gentiles to force an apostate Jew to divorce his
deception, it is the sick groom who conceals his illness from his bride. wife. Other poskim disagree and rule that one cannot bring gentiles to
force an apostate to divorce his wife unless he violated an oath that he
1 SuMMaRy and Conclusions made in the past not to enrage her and not to hit her.
In other words, we understand from the Rama that in order to
stop someone from doing prohibited things, we can give him over
1. It is prohibited to reveal a secret even if it was not told to him by
the person himself. to gentiles. This requires further study. Perhaps if the gentiles enact
punishment according to Torah law it is permissible to hand him
2. It is prohibited to disgrace the dead. over, but if they judge him by their laws, we would need to consider
whether or not it is permissible to hand him over.
3. It is permitted to reveal a secret for some benefit.
Moreover, if in their prison they feed him forbidden foods, how
can it be permissible to hand him over? If the goal of handing him
256 1 Medical-HalacHic Responsa of Rav ZilbeRstein Changing details of a medical report 2 277 # 20818
