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batar). Likewise, if the physician in our case doesn’t report the im- ill with the disorder “tzafdina” (scurvy) and a Roman matron knew
poster, then he himself is guilty of stealing and lying. If the imposter the remedy. Rav Yochanan asked her to reveal the remedy to him. The
only exaggerates his illness a little bit, then the physician is allowed to matron said that she would reveal it to him on condition that he not
ignore the matter. reveal it to others. Rav Yochanan swore to her and said: “To the G-d
If there is legitimate room for concern that if the physician re- of Israel, I will not reveal it.” The matron then revealed the remedy
ports the imposter, the imposter will take revenge on him, then the to him. Lo ans behold, that Shabbos, during his public sermon, Rav
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physician is exempt from involving himself in this matter. The Rama Yochanan revealed the secret of the remedy to his congregation. The
writes (Yoreh Deah #334:48) that even though it is an obligation to Gemara asks: How could have Rav Yochanan violated his oath? The
stop people from sinning, and if someone is able to do so but does Gemara answers that Rav Yochanan deceived her. In truth, his inten-
not he is charged with that sin, a person is nonetheless not obligated tion was that to the G-d of Israel he would not reveal the remedy, but
to spend money on this mitzvah. Therefore, there is a leniency in this to the people of Israel he would reveal it.
obligation because of the concern that the sinners will take revenge Rav Elyashiv why did Rav Yochanan require this deception alto-
on those who rebuke them. The Biyur Halachah concurs (#608, s.v. gether? After all, this was an oath that effectively violated the mitzvah
aval). Likewise one is exempt from the mitzvah of returning a lost ob- of restoring a lost object, which includes one’s lost health and healing
ject for the same reason. As we learn in maseches Bava Metzia (62a): the ill (as explained in maseches Sanhedrin 73). Therefore the oath was
“And that your brother live with you” - your life takes precedence over not a valid one to begin with.
that of your fellow. Also, in Responsa Avkas Rocheil (#195) there is He answered that the precept that one cannot swear to violate
a question about whether or not a person is obligated to testify if mitzvos applies to a mitzvah that one is already obligated to do at the
he clearly knows that the second side will take revenge on him for time of his oath. For example, one cannot swear not to sit in a sukkah
his testimony. He answers that if he is sure he will be harmed, he is or eat matzah since the Torah obligates him do so. Likewise, if one
exempt [from testifying] because “Your life takes precedence over that already knows of a certain remedy and swears not to reveal it, the
of your fellow.” oath disables him from fulfilling the mitzvah of healing to which he is
This applies in regard to the physician reporting the imposters obligated, and is therefore invalid.
to the authorities; if doing so will certainly cause him harm, he is By contrast, Rav Yochanan’s oath to the Roman matron did not
exempt. However, he is never permitted to actively falsify a medical limit him in performing his obligation, since at the time of the oath he
document due to pressure and fear of the patient’s revenge. Were he did not know the remedy and thus had no obligation to heal the sick.
to do so, he would be partner to an act of theft. In fact, the Binyan Had he not sworn, he would not have known the secret remedy and
Tziyon (#167-174) cites that there are poskim who rule that stealing is he would not have had a mitzvah to reveal it. Since the oath did not
one of the sins for which one is commanded to give up one’s life. Even prevent him from fulfilling the mitzvah, it is a valid oath.
according to those who disagree and rule that one should violate the Even though after the matron revealed the remedy the oath pre-
law and not get killed, it is certainly wrong to steal in order to avoid vented him from fulfilling his obligation since at the time the oath
revenge. did not nullify a mitzvah, it is valid. Once the oath is valid it is like all
If a physician is asked to confirm a patient’s level of disability for Torah prohibitions that one should not transgress in order to fulfill a
an insurance company, he should not magnify the level of damage mitzvah. Moreover, in this case the oath enabled Rav Yochanan to do
when in doubt, but rather state the minimum amount of disability, the mitzvah of healing himself and others.

340 1 Medical-HalacHic Responsa of Rav ZilbeRstein Is a doctor obligated to report deficient vision? 2 321

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