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are permitted to eat it. In other words, they did not mark the fruits 12 the fifth day, the test results confirmed that the patient had AIDS. # 20818
during the other six years in order to warn thieves of the prohibition A few moments after senior physicians informed him, the patient
against orlah or fourth-year fruit. We do not hold back the wicked committed suicide. Is it permissible to publicize this story?
from stumbling and dying.
And my father-in-law added that even though if we were to pub- 1 AnsweR
licize the name of the patient it would deter others and lessen the
danger, we do not need to do so because any intelligent person should It seems to me that it is prohibited to publicize this man’s name be-
care about his own life. We need do nothing except warn the public, cause it is liable to shame his family and cause them damage. Not only
in a general way, that the One Above has prepared the angel of death will they be shamed by the fact that people know that their family
for those involved in transgressions. The authorities are obligated to member committed suicide, they will also suffer real damage in that
publicize that sinners who are dangerously ill may endanger the lives people will not want to marry members of the family, and without
of their partners in sin. justification. This violates the prohibition of slander (lashon hara). As
We also need to be careful not to close the door to repentance. explained in the Chafetz Chaim (Hilchos Lashon Hara 4:1) the prohi-
As long as his shame has not been become publicly known, he may bition of lashon hara includes reminding a person of the shameful acts
still repent. If his misdeeds become public knowledge, he will become of his ancestors.
completely broken and despair of ever repenting. Moreover, publiciz- It is also explained in Chafetz Chayim (ibid., 5:5) that saying that
ing the man’s sins brings shame to his family, which we may have no someone is a weak person is lashon hara as well if it causes harm.
right to do. Therefore, publicizing that someone has AIDS is absolutely pro-
Therefore, it is a mitzvah to let people know that there are ill peo- hibited. It may also result in AIDS patients not coming to receive
ple who are liable to infect others, and he who values his life should medical treatment and then endangering the public. He who wants
distance himself from them. We should not, however, publicize his long life should guard his tongue from evil and his lips from speaking
name. If the beis din or the authorities feel that this sinner endangers deceitfully.
the public, they can jail him, placing him in solitary confinement.
1 AnsweR to Question 2
Now, let us turn to the second question.
Publicizing the name of an AIDS patient who
committed suicide Should one give syringes to people who are likely to use them for
criminal purposes so that they not use other people’s syringes and
1 Question syringes that are contaminated with bacteria? It seems to me that one
should not give them syringes and needles because “Feed the wicked
Recently, the name of a patient with AIDS who committed suicide in and he will die.” One should not assist a wicked person by preventing
a hospital was publicized. The administration stated that the patient him from further sin of robbery or from AIDS.
arrived at the hospital with fever and an infection whose source was The Chavos Yair (Responsum 142) asks on the Mishnah in Maaser
unclear. As is customary, he was put into isolation for four days. On Sheni, cited above: It is easy to prevent the thief from the prohibition
362 1 Medical-HalacHic Responsa of Rav ZilbeRstein Sinner contracted contagious disease 2 363
