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1 SuMMaRy and Conclusions
1. The physician is obligated to rebuke the imposter so that he
not continue in his bad ways. If he thinks that the patient will
ignore his words, then the physician is obligated to report to the
authorities involved that the patient is likely to be an imposter
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and should be re-examined.
2. If the patient exaggerates his illness only a bit, the physician can
remain silent. Likewise, the physician can withhold his knowl-
edge about a beggar who deceptively poses as an ill person.
3. If it is reasonable to assume that the imposter will harm the
physician, it is permissible for the physician to remain silent. He
is not permitted, however, to falsify a medical document out of
fear of the patient.
4. If a physician is asked for his opinion on the degree of a pa-
tient’s disability or limitation, and he is unsure, then he should
state the minimal amount possible, unless this will cause the
insurance company to give him even less than what is minimally
coming to him.
5. A patient asked to testify against a physician who helped him
must do so if the physician’s offense involves matters between
man and his fellow. If the physician’s offense did no one any
harm, and he does not do the offense regularly, and he regrets
his deed, then the patient can show his gratitude by refraining
from testifying.
346 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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because his lost object takes precedence over that of his
friend.” The Meiri explains (Beis Habechirah, Bava Metzia
33a). “You are not obligated to remove evil from another
if the same evil will then affect you, and this is what the
Sages meant when they said: ‘Yours has precedence’.”
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
the mitzvah if it will cause him a loss, we can infer the same about the
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
cause him a financial loss.
11 Reuven once saw his co-worker Shimon stealing from their em-
ployer. Reuven warned him many times to stop, but Shimon con-
tinued to steal. When Reuven threatened to report Shimon to their
employer, Shimon said, “If you do that I will take revenge and hurt
you financially.” Reuven wanted to know if he was obligated to fulfill
“Do not fear any man” (Devarim 1:17) and report to the employer
despite Shimon’s threats, or was he allowed to remain silent, in view
of the danger.
The answer is that Reuven is not obligated to report to their
employer. The halachah in the Rama (Yoreh Deah #334:48) is that
even though a person is obligated to stop people from sinning, and
whoever has the power to stop them and does not do so is charged
for that sin, a person is nonetheless not obligated to spend money on
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
Faulty vision poses a public danger 2 315
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