Page 353 - 20818_park-B_efi

20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Cyan
20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Black
#20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Yellow
20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Magenta

A psychologist learns that his patient is
involved in sin - should he tell her husband?

1 Question

The following are things that became known to me about a man in SHOULD ONE PUBLICIZE
#
our congregation during the course of our treatment. THE FACT THAT A MOHEL
It is obviously the physician’s obligation to guard the secrets of 64 HAS SYPHILIS?
patients who seek his treatment. However, the burden of this knowl-
edge rests heavily upon me, and I would like to hear the Torah view
and the Rav’s advice. How am I to act in a way that will be right in
the eyes of Hashem and the congregation? This is the story in short,
without identifying details: 1 Question
12
The man is a respected mechanech in our city, the principal of a A mohel was hospitalized in one of the hospitals in Jerusalem because
school who sometimes lectures publicly. In spite of his greatness and of a lesion that was diagnosed as a symptom of syphilis. This is a
stature, his evil inclination has overpowered him and he has set his person who travels around the world to perform circumcisions. There
eyes on a married Jewish woman. For many days now, in talk and is no doubt that the syphilis came from a sinful act. Even if he does
deed, he has attempted to seduce her. This woman is also involved in not admit to such an act, there is no other reasonable explanation
education and is the daughter of a prominent family. Although she is of how he contracted the disease. According to standard procedure,
not easily seduced, she speaks to him often. This is a brief summary physicians are obligated to notify the Ministry of Health about all
of the situation. There are several aspects to my question: contagious diseases, and syphilis is one of them. The Ministry will
Firstly, how does my obligation to maintain patient confidentiality conduct an investigation to find the source of the disease so that other
line up with my faith and Torah values? For example, it says “Do not people are forewarned.
stand idly by the blood of your fellowman,” defined in parshas Ke-
doshim as “watching his death when you were able to save him.” (Rashi, At this stage, his syphilis is treatable and curable, so that he will not
there, according to Toras Kohanim.) Likewise there is the mitzvah of infect anyone. However, he may return to his sinful ways and contract
returning a lost object to its rightful owner, which according to the it again. If the disease affects his saliva next time, he can infect the
Sages’ interpretation includes the returning of one’s lost health, if as babies whom he circumcises while doing metzitzah with his mouth.
a physician one is able to do so (Minchas Chinuch #239). There is also The question is: Are the physicians obligated to announce this
the mitzvah of rebuking a sinner and the mitzvah of mutual responsi- publicly? Should they tell the Rabbanim about this so they will put
bility of one Jew for another and the mitzvah “And you shall love your up signs informing the public that he is not fit to practice as a mohel,
fellowman as yourself,” and certainly more that I have not mentioned or at least notify the organizations that issue licenses for mohalim, in
that the Rav is aware of. order to prevent him from being a mohel?
I also worry lest, someday, the sins of this man will become public The Chafetz Chaim (Part 2 #9) rules that if a person is liable to
knowledge, and a terrible chillul Hashem will result. harm another, there is no prohibition of rechilus, and one is obligated

378 1 Medical-HalacHic Responsa of Rav ZilbeRstein A mohel has syphilis 2 347

#20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Magenta 20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Black #