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Berurah says (39:106) that some poskim rule that an apostate in one #
matter who sins for pleasure is not considered an apostate for the
entire Torah. Lechatchilah, however, we should be stringent and not
allow such a person to write Torah scrolls, tefillin and mezuzos. In
TELLING A WOMAN THAT She’arim Hametzuyanim Bahalachah (#10:1,5) the author cites the
HER SPOUSE IS SUSPECTED Birkas Yosef (Landau #1), who rules that the poskim differ regarding a
OF SIN IN ORDER TO robber: Some rule that if he is suspected of light transgressions, he is
66 PREVENT ILLNESS OR not suspected of more severe ones, meaning tefillin. However, Tiferes
TRANSGRESSION Yosef (Meisels #2) and other poskim disqualify him from being a sofer
(scribe), until he repents.
And it is probable that regarding our question, tefillin written by
this patient are not disqualified, but the physician should try to con-
vince him not to write Torah scrolls, tefillin and mezuzos. If the buyers
1 Question knew that the scribe is a sinner they would not have bought these
items from him, so there is a possibility that this was a mistaken sale
A 32-year-old man married to a Jewish woman, with 2 children, often and that the sofer is guilty of theft. It would be good for the physician
travels abroad. When he returned from his last trip, he asked to be to convince the patient to stop working as a scribe, or that he com- 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:-- | Yellow 20818_efi-ab - 20818_efi-ab | 12 -
tested urgently for AIDS. He asked me not to tell his wife, because pletely repent from his sins, because “Where those who repent stand,
this might lead to their divorce. the fully righteous cannot stand.”
The testing did not uncover any antibodies against the AIDS vi-
rus. As is known, however, it may take several months for antibodies 1 AnsweR to Question 2
to appear after the exposure. Also, there is a strong suspicion that
this man will continue his sinful ways and his chances of becoming In maseches Bava Metzia (24a) it is related that a silver cup was once
infected with AIDS are great. stolen from Mar Zutra Chasida in a motel. When he saw a disciple
Am I allowed to reveal this to his wife although I promised not to wash his hands and dry them on someone else’s garment, he said:
do so, and it is highly probable that the information will lead to the “This is the person who stole the cup, as he has no consideration of
breakup of the family? the property of his fellowman.” He ordered the disciple to be forced
to confess, until he confessed and showed him where the cup was.
1 AnsweR Rashi (ibid., s.v. agniv) explains that the silver cup belonged to
the innkeeper and not to Mar Zutra. Why does Rashi say this? The
It is forbidden for a person to reveal something told to him in secret. Maharitz Chayus answers that if the cup had belonged to Mar Zutra
As explained in maseches Yoma (4b): How do we know that if a per- he would not have been able to rule for himself about a matter that is
son says something to his fellow, he is not allowed to say anything not clear. (See Shulchan Aruch, Choshen Mishpat #4). For this reason,
unless he tells him “’Go, repeat this information”? As it says (Vayikra Rashi explains that the cup belonged to the innkeeper. As a judge,
1:1): ”And Hashem spoke to Moshe…saying, Speak to the children since there were grounds for suspicion that he stole it, he forced him

370 1 Medical-HalacHic Responsa of Rav ZilbeRstein A mohel has syphilis 2 355