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53 INACCURATE MEDICAL
PUBLICIZING AN
BULLETIN AT THE REQUEST
OF THE PATIENT
1 Question
Physicians who treat leaders and other public figures have the custom
of issuing bulletins with medical information about them. Sometimes
the information is not completely true. This happens, it seems, at the
request of the patient or his family.
What should the physician do in this situation? Should he accede
to the request of the patient and his family, or remain faithful to the
truth and to the wishes of the public, who want to know the true
situation of their leaders?
1 AnsweR
In maseches Sukkah (34b) it is related Shmuel asked the hadassim
merchants to lower their prices. He warned them that if they do not
heed his request, he will make a public statement that hadassim are
kosher even if their heads have been removed, according to the view
of Rabbi Tarfon. Since these kinds of hadassim are plentiful, such an
announcement would cause a huge reduction in prices.
The Ritva asks (ibid., s.v. mai taamah): In truth the halachah is in
accordance with the Sages who differ with Rabbi Tarfon and rule
that headless hadassim are not kosher. How could Shmuel deceive the
merchants and frighten them with a falsehood? He answers: Shmuel
did not lie to them, because the basic halachah is as Rabbi Tarfon,
266 1 Medical-HalacHic Responsa of Rav ZilbeRstein
but lechatchila we perform the mitzvah with beautiful hadassim that # 20818
are complete and not maimed. Thus Shmuel frightened them with
words of truth. If they would not sell for less he would publicize that
according to the basic halachah even headless ones are kosher.
What is the question here? He asks. We know that one is allowed
The Emek Berachah questions the Ritva (Hilchos Derech Eretz #3).
to alter the truth for a mitzvah and for the sake of peace. It says in
maseches Yevamos (65b) that one is allowed to change the truth for
the sake of peace, as the Holy One, blessed be He, changed the truth
and said to Avraham, in the name of Sarah, “And I am old” (Bereishis
18:13), instead of “My master is old.”
It is also permissible to change the truth for the needs of the public.
As related in maseches Kiddushin (44b), people asked Rav to decide
between two opposing opinions of Karna and Shmuel, who were
arguing about a minor girl who was married off without the knowl-
edge of her father. The people who presented the question exchanged
the words of Karna with those of Shmuel, and the words of Shmuel
with those of Karna, because Rav was a friend of Shmuel. We see
from here that for a public need it is permissible to alter the truth.
Therefore, why did the Ritva question Shmuel’s changing the truth
to frighten the merchants? If it was done for the public benefit – to
prevent prices from rising – was it not obviously permissible?
One can answer that when the Torah wrote “You shall not lie one
man to his fellow” (Vayikra 19:11), it is referring to a false oath that
causes a loss to another, as explained there in Rashi and in Toras
Kohanim (Kedoshim, parshah 2). So, too, when the Torah writes:
“Distance yourself from a false matter” (Shemos 23:7) it is explained
in maseches Shevuos (31a) that this refers to a false testimony or court
proceeding, and to fraud in business. But if one says a lie that doesn’t
hurt anyone, it is not Biblically prohibited (as explained in Shaarei
Teshuvah by Rabbeinu Yonah, Shaar 3 #179). This prohibition comes
from kabbalah (the Nevi’im and Kesuvim), as it says “Lying lips are an
abomination to Hashem” (Mishlei 12:22). So, too, it is written in Sefer
Yerei’im (the complete one #235): The Torah did not caution us against
falsehood that does no harm.
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