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en-pox. Is it permissible for the physician to issue an untrue report
in order to prevent suffering for people who will be harmed by the A senior official gave a physician information,
vaccination, such as a pregnant woman? on condition that he not reveal it

1 Question

1 AnsweR to Question 1 A senior official in a health care fund (kupat cholim) told a physician
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in a particular hospital that the health care fund was considering not
The Rambam writes (Hilchos Chovel Umazik 8:9): “It is prohibited to sending any more tests to that hospital. The physician does not want
give over a Jew to idolaters (gentiles), either his body or his money, the hospital he works in to lose the income from these tests. There-
even if he (that Jew) is harming him and distressing him. Whoever fore, he wants to notify the administration of his hospital about the
gives a Jew, either his body or his money, over to a gentile will not fund’s intention. Is he allowed to do so?
have a portion in the World to Come.” It says the same in the Shulchan
Aruch (Choshen Mishpat #388:9). In maseches Bava Kamma (117a) it 1
says, on the verse in Yeshayahu (51:20): “Your sons have fainted, at the AnsweR
corner of every street…” – like a wild ox that fell into a trap (Rashi). In maseches Yoma 4b, it says that a person is forbidden to repeat
Just as once an animal is caught in a net, no one has mercy on it, so anything that someone else told him unless the person says “Go and
too, once Jewish money falls into the hands of gentiles, no one has tell it.” This law is cited in the Semag (Lo taaseh #9) and ruled by the
mercy on it. Chafetz Chaim as well (Hilchos Lashon Hara, Rulel 2, Be’er Mayim
In view of this, one must judge whether or not it is permissible for Chaim 16). Therefore, the physician has no right to tell the adminis-
a physician to report that a Jewish criminal is healthy thereby giving tration what he heard.
him over to the gentiles. Although the physician is not physically However, if the health care fund is planning on doing something
handing him over to them, he causes others to hand him over and halachically wrong, such reneging on the contract, he should let the
this, too, is prohibited. hospital know, for two reasons: 1) Since the hospital will be unfairly
It seems to me that there are a number of different laws involved. harmed, relaying the information will save them from this loss. 2) Re-
There are cases where it is permissible to report that he is healthy laying the information will prevent the health care fund from sinning.
even though this will lead to his extradition and there are cases where
it is forbidden. We will present each of the cases separately:

Case 1:
If the person is a seasoned criminal, it is permissible to hand him
over. It says in maseches Bava Metzia (83b) that Rabbi Elazar bar Shi-
mon reported Jewish thieves to the gentile government although they
were subsequently sentenced to death by the government. He even
told the government how to catch them. Rabbi Yishmael bar Yossi
did the same.

276 1 Medical-HalacHic Responsa of Rav ZilbeRstein Physician wants to reveal secret 2 257

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