Page 282 - 20818_park-B_efi

20818_efi-ab - 20818_efi-ab | 9 - B | 18-08-20 | 13:29:02 | SR:-- | Cyan
20818_efi-ab - 20818_efi-ab | 9 - B | 18-08-20 | 13:29:02 | SR:-- | Black
#20818_efi-ab - 20818_efi-ab | 9 - B | 18-08-20 | 13:29:02 | SR:-- | Yellow
20818_efi-ab - 20818_efi-ab | 9 - B | 18-08-20 | 13:29:02 | SR:-- | Magenta
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
vaccination, such as a pregnant woman?
1 AnsweR to Question 1
#
The Rambam writes (Hilchos Chovel Umazik 8:9): “It is prohibited to
give over a Jew to idolaters (gentiles), either his body or his money,
even if he (that Jew) is harming him and distressing him. Whoever
gives a Jew, either his body or his money, over to a gentile will not
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
says, on the verse in Yeshayahu (51:20): “Your sons have fainted, at the
corner of every street…” – like a wild ox that fell into a trap (Rashi).
Just as once an animal is caught in a net, no one has mercy on it, so
too, once Jewish money falls into the hands of gentiles, no one has
mercy on it.
In view of this, one must judge whether or not it is permissible for
a physician to report that a Jewish criminal is healthy thereby giving
him over to the gentiles. Although the physician is not physically
handing him over to them, he causes others to hand him over and
this, too, is prohibited.
It seems to me that there are a number of different laws involved.
There are cases where it is permissible to report that he is healthy
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
#20818_efi-ab - 20818_efi-ab | 9 - B | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 9 - B | 18-08-20 | 13:29:02 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 9 - B | 18-08-20 | 13:29:02 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 9 - B | 18-08-20 | 13:29:02 | SR:-- | Black
A senior official gave a physician information,
on condition that he not reveal it
1 Question
A senior official in a health care fund (kupat cholim) told a physician
in a particular hospital that the health care fund was considering not
sending any more tests to that hospital. The physician does not want
the hospital he works in to lose the income from these tests. There-
fore, he wants to notify the administration of his hospital about the
fund’s intention. Is he allowed to do so?
1
AnsweR
In maseches Yoma 4b, it says that a person is forbidden to repeat
anything that someone else told him unless the person says “Go and
tell it.” This law is cited in the Semag (Lo taaseh #9) and ruled by the
Chafetz Chaim as well (Hilchos Lashon Hara, Rulel 2, Be’er Mayim
Chaim 16). Therefore, the physician has no right to tell the adminis-
tration what he heard.
However, if the health care fund is planning on doing something
halachically wrong, such reneging on the contract, he should let the
hospital know, for two reasons: 1) Since the hospital will be unfairly
harmed, relaying the information will save them from this loss. 2) Re-
laying the information will prevent the health care fund from sinning.
Physician wants to reveal secret 2 257
#