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1 SuMMaRy and Conclusions because his lost object takes precedence over that of his
friend.” The Meiri explains (Beis Habechirah, Bava Metzia
1. The physician is obligated to rebuke the imposter so that he 33a). “You are not obligated to remove evil from another
not continue in his bad ways. If he thinks that the patient will if the same evil will then affect you, and this is what the
ignore his words, then the physician is obligated to report to the Sages meant when they said: ‘Yours has precedence’.”
authorities involved that the patient is likely to be an imposter
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and should be re-examined. Since regarding the mitzvah of returning a lost object, which is based
on lovingkindness, the Torah says that a person is not obligated to do
2. If the patient exaggerates his illness only a bit, the physician can
remain silent. Likewise, the physician can withhold his knowl- the mitzvah if it will cause him a loss, we can infer the same about the
edge about a beggar who deceptively poses as an ill person. mitzvah of testifying in beis din, which is also based on lovingkind-
ness. In this case as well, a person is not obligated to testify if it will
3. If it is reasonable to assume that the imposter will harm the cause him a financial loss.
physician, it is permissible for the physician to remain silent. He 11 Reuven once saw his co-worker Shimon stealing from their em-
is not permitted, however, to falsify a medical document out of ployer. Reuven warned him many times to stop, but Shimon con-
fear of the patient.
tinued to steal. When Reuven threatened to report Shimon to their
4. If a physician is asked for his opinion on the degree of a pa- employer, Shimon said, “If you do that I will take revenge and hurt
tient’s disability or limitation, and he is unsure, then he should you financially.” Reuven wanted to know if he was obligated to fulfill
state the minimal amount possible, unless this will cause the “Do not fear any man” (Devarim 1:17) and report to the employer
insurance company to give him even less than what is minimally despite Shimon’s threats, or was he allowed to remain silent, in view
coming to him. of the danger.
5. A patient asked to testify against a physician who helped him The answer is that Reuven is not obligated to report to their
must do so if the physician’s offense involves matters between employer. The halachah in the Rama (Yoreh Deah #334:48) is that
man and his fellow. If the physician’s offense did no one any even though a person is obligated to stop people from sinning, and
harm, and he does not do the offense regularly, and he regrets whoever has the power to stop them and does not do so is charged
his deed, then the patient can show his gratitude by refraining for that sin, a person is nonetheless not obligated to spend money on
from testifying. this. Therefore, the custom was to be lenient because of the fear that
the sinner will harm the person who rebuked him, either physically
or financially.
The source for this is maseches Sanhedrin (73a) where the Gemara
asks why the commandment “Do not stand idly by the blood of your
fellowman” is necessary, being that the Torah already states “And you
shall return a lost object to its rightful owner,” which includes restor-
ing one’s lost health? The Gemara answers that if the Torah would
only state “And you shall return it,” we would assume that one is only
obligated to exert oneself physically to restore someone’s health, but

346 1 Medical-HalacHic Responsa of Rav ZilbeRstein Faulty vision poses a public danger 2 315

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