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but lechatchila we perform the mitzvah with beautiful hadassim that # 20818_efi-ab - 20818_efi-ab | 9 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta 20818_efi-a
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.
53 INACCURATE MEDICAL What is the question here? He asks. We know that one is allowed
The Emek Berachah questions the Ritva (Hilchos Derech Eretz #3).
PUBLICIZING AN
to alter the truth for a mitzvah and for the sake of peace. It says in
BULLETIN AT THE REQUEST
maseches Yevamos (65b) that one is allowed to change the truth for
OF THE PATIENT
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.”

1 Question 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
Physicians who treat leaders and other public figures have the custom between two opposing opinions of Karna and Shmuel, who were
of issuing bulletins with medical information about them. Sometimes arguing about a minor girl who was married off without the knowl-
the information is not completely true. This happens, it seems, at the edge of her father. The people who presented the question exchanged
request of the patient or his family. the words of Karna with those of Shmuel, and the words of Shmuel 20818_efi-ab - 20818_efi-ab | 9 - A | 18-08-20 | 13:29:02 | SR:--
What should the physician do in this situation? Should he accede with those of Karna, because Rav was a friend of Shmuel. We see
to the request of the patient and his family, or remain faithful to the from here that for a public need it is permissible to alter the truth.
truth and to the wishes of the public, who want to know the true Therefore, why did the Ritva question Shmuel’s changing the truth
situation of their leaders? to frighten the merchants? If it was done for the public benefit – to
prevent prices from rising – was it not obviously permissible?

1 AnsweR 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
In maseches Sukkah (34b) it is related Shmuel asked the hadassim causes a loss to another, as explained there in Rashi and in Toras
merchants to lower their prices. He warned them that if they do not Kohanim (Kedoshim, parshah 2). So, too, when the Torah writes:
heed his request, he will make a public statement that hadassim are “Distance yourself from a false matter” (Shemos 23:7) it is explained
kosher even if their heads have been removed, according to the view in maseches Shevuos (31a) that this refers to a false testimony or court
of Rabbi Tarfon. Since these kinds of hadassim are plentiful, such an proceeding, and to fraud in business. But if one says a lie that doesn’t
announcement would cause a huge reduction in prices. hurt anyone, it is not Biblically prohibited (as explained in Shaarei
The Ritva asks (ibid., s.v. mai taamah): In truth the halachah is in Teshuvah by Rabbeinu Yonah, Shaar 3 #179). This prohibition comes
accordance with the Sages who differ with Rabbi Tarfon and rule from kabbalah (the Nevi’im and Kesuvim), as it says “Lying lips are an
that headless hadassim are not kosher. How could Shmuel deceive the abomination to Hashem” (Mishlei 12:22). So, too, it is written in Sefer
merchants and frighten them with a falsehood? He answers: Shmuel Yerei’im (the complete one #235): The Torah did not caution us against
did not lie to them, because the basic halachah is as Rabbi Tarfon, falsehood that does no harm.

266 1 Medical-HalacHic Responsa of Rav ZilbeRstein Publicizing an inaccurate medical bulletin 2 267