Page 377 - 20818_park-B_efi

20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Cyan
20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Black
#20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Yellow
20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Magenta
In matters between man and his fellow when one needs to of Israel.” In other words, had Hashem not specifically told Moshe
seek out the truth in order to help one who was harmed… to “speak,” he would have been prohibited to tell others what Hash-
even if he did not see the thing himself, but others told em had told him. The Semag (Lo Taaseh #9, Yoreh Deah in Magen
him that someone did an injustice to someone else and Avraham #156:2) rules the same, as does the Chafetz Chaim (Hilchos
there are devarim nikarim that prove this is true, it seems Lashon Hara, Rule 2, Be’er Mayim Chayim #16). This applies even
to me that it is permissible to say this to others and to more so if the person explicitly told his friend not to reveal the secret
#
explain what happened… so that they be aroused to help that he told him.
the victim of the injustice. Moreover, when a person tells his physician something, it is self-un-
derstood that his confidentiality will be maintained. Physicians do
This applies even more so in our case, where telling the public may not reveal information about their patients, and they even swear not
save a baby from infection and cause people to hire an appropriate to do so. Medical confidentiality is the basis of trust between patient
mohel. and physician, and is extremely vital in the process of healing. As
Therefore, one should say that the mohel has a medical problem the Rosh wrote (Bava Kamma 8:1), the patient has to have peace of
and thus cannot perform circumcision at present. It is prohibited, mind with his physician. This peace of mind comes from the patient’s 12
however, to besmirch his good name. After a certain amount of time, knowledge that he can trust his physician.
if a beis din sees that it is impossible to restore him to his previous In a situation where keeping a secret may cause harm to someone
position, they will disqualify him forever.
else, all of the above does not apply. The patient himself is forbidden
 to cause harm to someone else by keeping the secret; he has a mitzvah
to reveal his condition. How then can he demand that the physician
not reveal his secret? Even if keeping the secret will benefit the pa-
Publicizing that a scribe is a sinner tient, the physician has no right to thereby cause harm to another
person. The Tosfos (Bava Kamma 23, s.v. ulechayev) says that a person
1 Question must be more careful not to injure others than to prevent injury from
himself. Therefore, one has to take into consideration when acting for
While treating a patient who works as a scribe of Torah scrolls, tefillin the benefit of the patient, that others not be harmed because of the
and mezuzos, I found out that he is a sinner due to uncontrollable secret. Moreover, if maintaining the confidentiality of one patient will
urges. As a physician I am not to reveal details about my patients. On interfere with the medical treatment and healing of others, then the
the other hand, does Heaven obligate me to reveal that he is a sinner? oath of confidentiality is not relevant if there is a dangerous illness
involved.
1 AnsweR If so, it is logical that the man is obligated to reveal his disease to
his wife and he has no right to ask the physician to hide his illness if
This patient is considered an apostate for pleasure because he does it might impact on his wife.
not sin intentionally, in order to anger Hashem; rather, he has no It seems to me that if the possibility that he will become infected
control over his abnormal urges. He is also viewed as an apostate with the AIDS virus and then infect his wife is very far-fetched, per-
for one matter, since he does not transgress other sins. The Mishnah haps the physician is allowed to remain silent, and his silence would

354 1 Medical-HalacHic Responsa of Rav ZilbeRstein Telling a woman that her spouse is suspected of sin 2 371

#20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Yellow 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:-- | Cyan 20818_efi-ab - 20818_efi-ab | 12 - A | 18-08-20 | 13:29:04 | SR:-- | Black #