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Is it permissible for a hospital to falsely certify 10
a birth to prevent someone’s expulsion from the
country?

PROLONGING 1 Question
HOSPITALIZATION
57 UNNECCESSARILY A Jew arrived in Israel illegally when the country was ruled by the
Ottomans. In order to remain in the country, he needed a hospital’s
confirmation that he was born in the Land of Israel. Was it permissi-
ble for the hospital to write such a note?

1 Question
1 AnsweR
A patient was hospitalized, recovered, and was fit to be discharged.
The hospital administration was interested in keeping him for as It says in Sefer Ha’ish al Hachomah (Part 2, p. 134) that in spite of the
many days as possible, for budgetary benefits. Therefore, the physi- fact that Rav Yosef Chaim Zonenfeld, zt”l, was very careful not to al-
cians received orders to prolong the hospitalization as much as pos- ter the truth, even for a great need, when this question was presented
sible. In the interim the patient missed several days of work, thinking to him, he permitted it. There is no concern about falsehood here, he
he was dangerously ill. maintained. As the Sages said in maseches Kesubos (75a) “But of Zion
Before Rosh Hashanah, one of the physicians did some soul-search- it shall be said, this man and that man was born in her and the Most
ing and concluded that he hadn’t conducted himself properly vis-à-vis High, Himself, has established her.” (Tehillim 87:5): Said Rav Maishe
the patient. He would like to know how to correct his ways. bar brei Yehoshua ben Levi [this applies to] one who is born in Zion
and one who pines to see it. Rashi explains that in the future, when
the verse in Yeshayahu (66:2) will be fulfilled, “And all your brothers
1 AnsweR will be brought as an offering to Hashem…,” then wherever Jews will

We had a similar question regarding someone who was imprisoned be, the nations will say that they are the children of Zion. We see
for stealing diamonds worth a million shekels. The victim of the theft from here that even one who is not born in Zion is considered as if
claimed the diamonds were worth seven million shekels. The judge he was born in Zion, because he anticipates the consolation of Zion
accepted the claimant’s version and sentenced the robber to four years and Jerusalem.
in prison for the massive theft. The thief, who has fully repented in One should point out that this applies regarding a shevuas onsin
the interim, will soon be discharged from prison, and wants to work (coerced oath), when thieves want to take a person’s money or to
to repay the million shekels. He thought that perhaps the person he expel him from the land. But if it is a matter of financial rights, such
stole from owes him for the damages he caused by exaggerating the as a license to open a business, we do not find that one is allowed to
claim. In that case, would he still need to repay him, or do they come swear to a falsehood.
out even? So too, regarding a nursing woman (above), if she wants to claim

294 1 Medical-HalacHic Responsa of Rav ZilbeRstein Sick leave 2 303