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by putting a sign on the fruit. How can we allow him to stumble? will go and cut down so-and-so’s palm tree,” and then the tree is cut, #
Are not all Jews responsible for each other? We know that if one can we do not have proof that he was the one who cut it down. A person
prevent one’s fellowman from a sin, but does not do so, then one is may threaten to do something but not follow through. The Tosfos,
charged with that sin. The Chavos Yair concludes by writing: He who there, writes (s.v. avid) that if the man is known to have carried out
can explain this matter to me is a real expert! these sorts of threats in the past, then we can attribute the act to him.
I saw an explanation given that says that the expression “Feed the The Shach writes (Choshen Mishpat #388:54) that if it is clear that
wicked and he will die” is like an announcement to the wicked that the person will act upon his words, we take his words seriously. Thus
the nation of Israel condemns them and is no longer concerned with one is permitted to kill the informer who says, “I will inform on you,”
their welfare. Perhaps as a result of this they will repent. even nowadays without a Sanhedrin, and even before he actually car-
ries out his threat.
1 AnsweR to Question 1 The Chafetz Chaim writes (Hilchos Issurei Rechilus #9, Be’er Mayim
Chayim #12): If someone threatens to hit or damage his friend, and he
Regarding the patient who does not plan to tell his wife that he has is known to do so, then one certainly has to warn the person who may
AIDS, is the physician obligated to tell her about the disease? Is he be harmed. Even if he is not known to do so, it is a halachic question
obligated to tell a dentist who is unknowingly treating the AIDS whether or not one can inform the other party. Do we tell them there
patient as well? is a chance that this person may harm them, or do we maintain that
To answer these questions, I asked Dr. Yisrael Just and Dr. Mi- these threats are rarely carried out? 20818_efi-ab - 20818_efi-ab | 12 - B | 18-08-20 | 13:29:04 | SR:-- | Magenta #20818_efi-ab - 20818_efi-ab | 12 - B | 18-08-20 | 13:29:04 | SR:-- | Yellow 20818_efi-ab - 20818_efi-ab | 12 - B | 18-08-20 | 13:29:04 | SR:-- | Bl
chael Burk for their professional opinion. What are the chances that In our case, since the patient is involved in sinful acts, it is reason-
the wife of an AIDS patient will contract the disease? The following able to assume that he will continue to do these acts in the future. In
is their response: the way of the wicked, he feels he should “eat and drink, for tomorrow
[1] The first question deals with a case of a patient with hemo- we die.” If so, even if he hadn’t threatened to deliberately infect others
philia, who became infected by a tainted transfusion of blood, who is there is ample reason to assume that he will do so, and all the more
preparing to marry a healthy woman who is unaware of his condition. so since he made the threat explicitly. Therefore, his name should
What are the chances of she and her fetus becoming infected with the probably be publicized.
AIDS virus? My father-in-law, Rav Y. S. Elyashiv zt”l felt that one should not
Acquired Immunodeficiency Syndrome (AIDS) is caused by the publicize the intentions of the sinner, however, because we need not
human immunodeficiency virus, and it should be viewed as a conta- concern ourselves with those involved in sinful acts. Rather, we let
gious disease. One of the unique features of the disease is that the them go ahead in their wicked ways and suffer for it. As explained
time of incubation of the virus, from the time of infection until clinical in maseches Maaser Sheni (5:1) and in maseches Bava Kamma (69a):
symptoms appear, can be very long. In various studies, it was found A vineyard of the fourth year must be marked with clods of earth as
that after ten years of infection only 50% of the patients develop the a sign that bypassers not eat from the fruit without first redeeming
full-blown AIDS disease with the syndrome of immunodeficiency. it. When a vineyard was orlah [the first three years], they marked the
On the one hand, there are women who contracted AIDS after vines with shards as a sign that one is forbidden to derive benefit from
a single contact with a virus carrier, but, on the other hand, there the fruits. Rabban Shimon ben Gamliel says that this applies only in
are women who lived with an AIDS virus carrier for many years and the Shemittah year, when the fruit is ownerless (hefker) and bypassers

364 1 Medical-HalacHic Responsa of Rav ZilbeRstein Sinner contracted contagious disease 2 361