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Therefore, my father-in-law ruled that the physician’s oath to the a) “You shall not steal (Vayikra 19:11), by acquiring money deceitfully,
woman was valid since it did not prevent the physician from fulfilling and b) “Nor shall you deal falsely nor lie one to another” (ibid.), by
a mitzvah. Had he not sworn to her, he would have had nothing to posing as someone ill. Lying is not only performed verbally but also in
reveal. Being that he is now under oath and cannot reveal her illness, writing, as explained by the Tosfos (Bava Basra 94b, s.v. hachi).
he should merely hint to anyone who asks that he should not marry The physician is obligated to rebuke the imposter for two reasons:
this woman.
1. In order to save him from the prohibitions cited above.
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The same applies in our case. The physician’s oath is valid and
it is forbidden for him to reveal the driver’s visual deficiency to the 2. In order to return the money to those who were cheated.
authorities. If there is absolute danger to life, such as if the vision Therefore, if the physician feels that his words will bear fruit and the
of the driver is 6/30 and perhaps even if it is 6/21, the oath would imposter will fix his crooked ways, he can fulfill his obligation by re-
be suspended, as any other mitzvah, for pikuach nefesh. If the vision buking him, as explained by the Chafetz Chaim (Hilchos Lashon Hara
is 6/15, since there is only a distant concern of danger, there is no #4:4, cited below).
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allowance for the physician to violate his oath. However, if the physician is concerned that the imposter will
We need to judge, however, in a case where the physician is forced continue to make money deceitfully, he is obligated to inform all
to reveal the illness for pikuach nefesh, can this need release him from those who are affected. He should tell them that it is possible that
his oath? If yes, then before he reports the deficiency, he must go to a the person is feigning illness, and that he needs to be re-examined.
Torah scholar and ask that he release him from his oath. If not, then He should be careful to portray this as a possibility and not as an
he needs to violate the oath because of pikuach nefesh, as explained absolute certainty, even if he himself is certain that he is dealing with
below. a deceiver. Our Sages warned us “Do not act as a singular judge” be-
cause only One judges alone [i.e. G-d]. “And do not say, Accept my
It says in the Shulchan Aruch (Yoreh Deah #228:20): “If one swears view; for they are permitted but not you.” (Avos 4:8). Especially in the
or vows to one’s fellowman because of a favor he did for him such medical field, where one can easily make a mistake, a doctor should
as Moshe who swore to Yisro, his father-in-law, [that he would not never decide on his own.
return to Egypt] because Yisro was good to him and gave him his The physician might be uncomfortable about betraying a person
daughter, one cannot release him from his oath without his fellow- who came to him for medical treatment. He should know that he is
man’s agreement.” (See there, in Rama.) in fact saving the imposter from the judgment of Gehenna. He should

In light of this halachah, the Malbim’s explanation of the oath not be concerned about his image. As we find in maseches Shabbos
made by Yehoshua’s spies to Rachav makes perfect sense. After hiding (54b) that whoever is able to intervene and stop a sin, but does not
them, Rachav asked, “And now, please swear to me in the name of do so, it is considered as if he did that very sin himself. Likewise if
G-d, for I did for you an act of benevolence, and you shall also do an one is aware of something but refuses to come to a beis din to testify
act of benevolence with the house of my father, and you shall give me because the judges are inferior to him in wisdom, and he feels that
a true sign and save the life of my father and my mother…” (Yehosh- his testimony would be a lack of respect to them, then he is guilty of
ua 2:12-13). The Malbim writes that Rachav’s intent when she said an active sin and not just a passive one. It is considered as though he
“Please swear to me because I did for you an act of benevolence,” was himself did the sin for which he withholds his testimony, as explained
to obligate them as one who makes an oath because of a favor done to in Tosfos (Shvuos 30b, s.v. aval) and in Turei Even (Megillah 3b, s.v.

322 1 Medical-HalacHic Responsa of Rav ZilbeRstein Patient malingering 2 339

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