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truth about the future. For example, he should not tell a patient that According to those physicians, perhaps even in our case one should #
he will soon be healed, if the truth is otherwise. The only exception not be concerned that emotional anguish may cause a miscarriage.
would be if the patient himself asks whether he will soon be healed Therefore, one should complain about the nurse and cause her dis-
and the physician is afraid that if he reveals the truth to him, the missal from her job.
patient will fall into a state of depression. In such a case, it is a mitzvah However, we find in Choshen Ha’ephod (by Rabbi D. Pipano #43)
for the physician to lie. that although we do not find anywhere that the Sages postponed their
We find a similar situation in the Shulchan Aruch (Yoreh Deah judgment because a woman is pregnant, in any event, if she claims
#253:9) where it brings the Sages’ rule that if a poor person refuses to that she is in danger of miscarrying her fetus, the judgment shoud
accept charity, it is a mitzvah to tell him: Bring a security and we will clearly be postpned until after she gives birth.
lend you money, even though there are deceiving him and their intent In our case, however, if we postpone dealing with the matter until
is to give him the money as charity. after the head nurse gives birth, patients are liable to become endan-
gered by her negligence and poor performance. In the case of Choshen
1 SuMMaRy and Conclusions
Ha’ephod there was no danger to life, and perhaps there was also no
real financial loss.
1. There is no Torah prohibition against publicizing incorrect in-
formation about an important public figure, if doing so will not Perhaps we should complain about her now in order to increase her
cause any harm to the public. merits and help her refrain from sinning. In this merit, she will give
birth to a healthy baby. Even though to us it seems that complaining 20818_efi-ab - 20818_efi-ab | 9 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta
2. The Kabbalah (Nevi’im and Kesuvim) prohibits us from uttering is likely to endanger the fetus, we should consider not what we see, #20818_efi-ab - 20818_efi-ab | 9 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 9 - A | 18-08-20 | 13:29:02 | SR:-- | Black 20818_efi-ab - 20818_efi-ab | 9 - A | 18
any falsehood. but what is right according to the Heavenly laws. Since the complaint

3. Since publicizing the illness of an important public figure will against her will do justice and set things right, it is a tremendous
harm him, and silence will be interpreted as admission of the positive power that will stand her in good stead, and we needn’t be
illness, it is probably permissible to change the truth if this will concerned about the danger of causing her emotional anguish.
not cause harm to the public. Proof for this can be seen in the Rama (Choshen Mishpat #96:6)
4. The physician should give the information in a way that avoids who writes: Some poskim rule that we do not make the woman swear
absolute falsehood. when she is pregnant. The Urim Vetumim was surprised about this
(Urim, 19). He writes that this law has no source. In the case of a sotah
5. Publicizing in public without halachic sanction that an import-
ant public figure is ill is considered lashon hara. we rule (Rambam, Hilchos Sotah 2:7) that we give a pregnant woman
the bitter waters to drink, and we do not wait until she gives birth.
If so, in our case as well, one should not wait, but make her swear
immediately. The Chasam Sofer (Choshen Mishpat #77) explains that
the question of the Tumim is not really a question, since the reason
we do not make a pregnant woman swear is not because of danger to
the baby but because of the possible danger to the woman. Swearing,
even about the truth, can endanger a person (as explained in maseches
Gittin 35a). This assertion is in line with the Rama, who writes (Or-

274 1 Medical-HalacHic Responsa of Rav ZilbeRstein Pregnant nurse who is negligent 2 259