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the patient to someone else. Therefore, only in that case can we say have come apart and she is physically shattered, even if she does not
that the oath was forced upon the physician. feel so at the moment.” In other words, even if she does not sense it
now, she will suffer the effects as time goes by. These are novel words
1 SuMMaRy and Conclusions and require further study.
And this is not a contradiction to the Binyan Tziyon’s assertion
1. If a physician swears before he examines a patient that he will that if the danger is not immediate we go according to the majority.
not reveal the patient’s illness, he is not allowed to reveal it, un- The fasting of children or patients with tuberculosis is not considered
less there is danger to the public involved, such as if the patient’s a possible future danger; rather, the weakness brought on by the fast
vision is 6/30 and perhaps even 6/21. affects them immediately, but becomes visible only some time later.
On the other hand, the examples cited in the Binyan Tziyon are those
2. If the physician receives no salary, three Torah scholars can where there is no present danger but only the possibility of danger in
probably release him from his oath. Even so, it is best if the phy- the future. In these situations, we go according to the majority, and
sician not actually reveal the illness to the authorities but rather “Hashem watches over fools.”
hint at the need for a repeat examination.
3. If a cancer patient who does not know his own condition asks 1 SuMMaRy and Conclusions
the treating physician to swear that he does not have cancer, the
physician is probably allowed to swear. In his heart his intention It seems that if the epileptic seizures occur infrequently, such as once
should be that the patient does not have the creature named sar- a year, the physician can refrain from reporting the illness to the au-
tan (cancer/crab). It is proper for him to announce beforehand thorities and thus depriving the patient of his livelihood. (However,
(to someone else) that this is his true intention. if the driver himself were to seek our advice, we would advise him not
4. If a physician swears to an elderly patient that he will not make to drive.)
more than a certain amount of attempts to insert a needle in his
vein, the oath is probably valid.
328 1 Medical-HalacHic Responsa of Rav ZilbeRstein Driver has epilepsy 2 333

