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TELLING A WOMAN THAT
HER SPOUSE IS SUSPECTED
OF SIN IN ORDER TO
66 PREVENT ILLNESS OR
TRANSGRESSION
1 Question
A 32-year-old man married to a Jewish woman, with 2 children, often
travels abroad. When he returned from his last trip, he asked to be
tested urgently for AIDS. He asked me not to tell his wife, because
this might lead to their divorce.
The testing did not uncover any antibodies against the AIDS vi-
rus. As is known, however, it may take several months for antibodies
to appear after the exposure. Also, there is a strong suspicion that
this man will continue his sinful ways and his chances of becoming
infected with AIDS are great.
Am I allowed to reveal this to his wife although I promised not to
do so, and it is highly probable that the information will lead to the
breakup of the family?
1 AnsweR
It is forbidden for a person to reveal something told to him in secret.
As explained in maseches Yoma (4b): How do we know that if a per-
son says something to his fellow, he is not allowed to say anything
unless he tells him “’Go, repeat this information”? As it says (Vayikra
1:1): ”And Hashem spoke to Moshe…saying, Speak to the children
370 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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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
She’arim Hametzuyanim Bahalachah (#10:1,5) the author cites the
Birkas Yosef (Landau #1), who rules that the poskim differ regarding a
robber: Some rule that if he is suspected of light transgressions, he is
not suspected of more severe ones, meaning tefillin. However, Tiferes
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
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
and that the sofer is guilty of theft. It would be good for the physician
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
pletely repent from his sins, because “Where those who repent stand,
the fully righteous cannot stand.”
1 AnsweR to Question 2
In maseches Bava Metzia (24a) it is related that a silver cup was once
stolen from Mar Zutra Chasida in a motel. When he saw a disciple
wash his hands and dry them on someone else’s garment, he said:
“This is the person who stole the cup, as he has no consideration of
the property of his fellowman.” He ordered the disciple to be forced
to confess, until he confessed and showed him where the cup was.
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
Maharitz Chayus answers that if the cup had belonged to Mar Zutra
he would not have been able to rule for himself about a matter that is
not clear. (See Shulchan Aruch, Choshen Mishpat #4). For this reason,
Rashi explains that the cup belonged to the innkeeper. As a judge,
since there were grounds for suspicion that he stole it, he forced him
A mohel has syphilis 2 355