Page 289 - 20818_park-B_efi

20818_efi-ab - 20818_efi-ab | 10 - A | 18-08-20 | 13:29:02 | SR:-- | Cyan
20818_efi-ab - 20818_efi-ab | 10 - A | 18-08-20 | 13:29:02 | SR:-- | Black
#20818_efi-ab - 20818_efi-ab | 10 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow
20818_efi-ab - 20818_efi-ab | 10 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta
obligated to observe “Do not stand idly by the blood your fellowman” This applies all the more so in our case, where the physician is merely
and not to be concerned about the danger to himself or his money. refraining from acting and would not be committing any sin in order
In the latter case, the danger is remote and probably “Your life takes to avoid chilul Hashem.
precedence” and the physician is allowed to look away. Even without concern for Chillul Hashem, if there is a possibility
Let us bring proof for our words: that the physician will be fired from his job for a false report, he is
In Responsa Avkas Rocheil (#195) there is a case of a witness who probably exempt from reporting incorrectly in order to merit the
#
was summoned by a beis din to testify, and the litigants threatened to mitzvah of burial on the same day. It is a fundamental principle of
harm him financially if he would testify against them. Is the witness the mitzvah of lovingkindness, and of all mitzvos beween man and his
obligated to testify? The Avkas Rocheil ruled that even if there is only fellow, that if one would take a loss by performing the mitzvah, he is
financial danger, he is allowed to withold his testimony. We do not not required to do so. Therefore, the physician is not obligated to lose
demand that he lose out monetarily so that another should benefit. 10 his job in order to perform an act of lovingkindness to the deceased.
The obligation to testify is considered an act of lovingkindness, for
which one is not obligated to lose money. He should be concerned 1 AnsweR to Question 3
with his own assets more than with the other man’s assets.
(This opinion of Avkas Rocheil is contrary to the view of the Riaz One should not give a false medical report in order to avoid vaccina-
(cited in Shiltei Gibborim on the Rif, Bava Kamma 24a), who rules tion for chicken-pox. This does not compare to the previous question,
that if one can testify for his friend and withholds the testimony, he is because there the government has no right to enact a law that con-
obligated to pay for the damage he causes.) tradicts the Torah’s command to bury the deceased on the day they

We can raise the following question regarding the opinion of the die. If someone wants to travel to a strange land, the halachah rules
Avkas Rocheil: While in general one is not obligated to lose out fi- that “the law of the land is the law” (maseches Gittin 10b, and Choshen
nancially in order to do an act of lovingkindness, it would seem that Mishpat #369). Because of this, the physician has no right to write
the mitzvah of testifying, which involves both a positive and negative incorrect information in order to enable a person to enter a foreign
commandment, might be different. How do we know that in such a land against the will of its citizens.
case a person is exempt from doing the mitzvah at the cost of his own
money? 1 SuMMaRy and Conclusions
The source for this law is revealed to us by the Avkas Rocheil him-
self. He writes as follows: 1. If the accused is a seasoned criminal it is permissible to give him
over to the gentile government. Therefore, one should report
It is not lovingkindness for a person to lose money for him, the truth about him.
because he is obligated more to guard his own assets than
his friend’s assets, as we find regarding the return of a lost 2. If the country demanding extradition will execute him, or oth-
object. In the return of a lost object, it is ruled in halachah ers will kill him, it is prohibited to issue a true report.
(Shulchan Aruch, Choshen Mishpat #264:1) that “if some- 3. If the beis din determines that the thief has paid or will pay
one lost something and found his lost object and the lost [what he stole] and will not repeat the offense, one should not
object of his friend, if he can return both he is obligated issue a true report.
to do so, but if not, he should return his own lost object,

314 1 Medical-HalacHic Responsa of Rav ZilbeRstein Changing details of a medical report 2 283

#20818_efi-ab - 20818_efi-ab | 10 - A | 18-08-20 | 13:29:02 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 10 - A | 18-08-20 | 13:29:02 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 10 - A | 18-08-20 | 13:29:02 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 10 - A | 18-08-20 | 13:29:02 | SR:-- | Black #