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My father-in-law, Rav Elyashiv, led me to understand, however, the more so in our case: if there is no other physician as expert as he
that we cannot forcibly prevent the woman from marrying a man is, he should not be fired since the public needs his services and it is a
with AIDS, because it is not certain that she will become infected. matter of pikuach nefesh. However, the community should be warned
The chances of her becoming infected are not higher than 9-20%, as not to leave money in the medical clinics without supervision.
written in Dr. Just’s letter, above. If they observe the laws of family In maseches Makkos (11b) it says that if one murders unintentionally
purity, the chances of her becoming infected are even lower than that, he has to exile himself to one of the Cities of Refuge. He cannot leave
as explained by Dr. Burk. the city even if all of Israel needs him, like Yoav ben Tzeruyah [King
Even if she becomes infected, it may be a number of years before David’s army general]. As it says, (Bamidbar 35:25): “And he shall live
the disease produces symptoms, and during those years perhaps a there [where he fled from the avenger of blood], that is where he shall
cure will be discovered. This is not like leprosy that is already symp- live, that is where he will die, there he will be buried.” This implies
tomatic and causes putrefaction of skin and flesh. In contrast, the that if not for this verse, we would have freed him for great public
AIDS patient still looks like all other people, but one needs to take need. Therefore, in our case, the physician must remain at his job.
into account the bad fate that he faces. For this sort of thing, a beis My father-in-law, Rav Y. S. Elyashiv zt”l, agreed with my analysis
din does not force him to divorce his wife, especially if the woman is but added that all this applies only if the physcian’s lust for money
strongly attached to him and separation in itself would be a sort of does not impact his work. If it does (such as if he performs extra
danger. It is also possible that she herself has some sort of illness and unnecessary surgeries for the money) he should be fired. A compa-
therefore his AIDS does not bother her, and it is preferable for her to rable situation is brought in maseches Sanhedrin (27a) where Rava’s
be married to him than to remain alone. Under these circumstances, view is that a wicked person who eats neveilos intentionally, to anger
we are not obligated to forcibly prevent her from marrying him. Hashem, can still testify in court, while one who eats out of lust,
However, if she comes to ask for our advice, we would advise her although he is considered less wicked, is nevertheless disqualified as
not to marry him so that she not endanger herself. If she does not a witness in a beis din. Rashi (s.v. mumar) writes “Since he does it for
know of the danger, we are obligated to inform her. If her husband money, he is viewed as a destructive evil person and is disqualified
hid the facts from her, it is possible that the kiddushin were given in from testifying in a beis din.”
error. However, if in spite of everything she wants to marry him, she Likewise, in our case, if the physician lusts for money, we cannot
is not viewed as one who is committing suicide and it is permissible rely on his work.
for the rav to perform the marriage ceremony. The physician is also
not obligated to tell the rav, especially since the observance of the 
laws of family purity lessens considerably her chances of becoming
infected. 1 SuMMaRy and Conclusions
An AIDS patient who is about to see a dentist is obligated to tell
him of his disease so that the dentist knows to take special precautions 1. A mohel who has a presumption of decency cannot be disquali-
and use appropriate hygiene measures. The dentist cannot refuse to fied based on circumstantial evidence.
treat the AIDS patient since he can do the treatment without contact
with the patient. He may also violate a prohibition if he withholds 2. One should report to the Rabbanim of the city, who can then
urgently needed treatment from the patient. prevent him from performing circumcisions by announcing

368 1 Medical-HalacHic Responsa of Rav ZilbeRstein A mohel has syphilis 2 357