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is no justification for doing so and it would be prohibited and bring the baby is born within the twelve months, one need not suspect her,
about no benefit. because we can say that it stayed that long in the mother’s womb and
only if they saw no ugly [behavior in] her.
Those poskim who rule that the baby is not a mamzer base their
In view of the above, there is no obligation to inform a Jewish woman view on the possibility that the father uttered the name of Hashem
who lives with a gentile and is viewed as an apostate of her husband’s and arrived, as in the case of the father of Shmuel (Yerushalmi).
misdeeds. This is especially so according to the Iggros Moshe (cited It seems strange that these poskim base their ruling on something
above), that as a matter of principle one does not celebrate the bar that only extraordinary people in the world merit. The Rivash (#446)
mitzvah of the son of an apostate woman. explains that we ascribe the baby to the father, no matter how strange
However, if there was a possibility that the children would be in- that is, in order to legitimize the baby and to clear the woman’s name.
fected with AIDS, and when the chances of becoming infected with The presumption of innocence of a Jewish woman is very power-
AIDS are great, then the physician is obligated to tell the woman, ful (as long as we do not find her involved in an ugly act). The same
even if doing so will place him in danger of the man’s revenge or applies to a mohel: we should consider very rare occurrences in order
possibly cause revocation of his medical license. He needs to do so, not to disqualify him, if he has the presumption of being a kosher
because the children did not sin and one must try very hard to save man. Although we have circumstantial evidence that he is a sinner, we
them. (This applies if there is a reasonable concern that their father cannot rule on the basis of it, as is explained below
is sick with AIDS and there is also a reasonable chance that they will
become infected.) The physician, and any other person, is obligated
to make an effort for the sake of the children, but not for the sake of
the apostate woman, their mother.
Called to save a wounded man and saw a man flee
In a case where a Jewish woman is married to a Jewish man who with a knife in his hand
left the proper way, and there is concern that he will infect her, one
should make an effort to convince him to tell his wife [that he is in- 1 Question
fected with AIDS]. If he refuses, and the danger is great, then, unlike
in the case of the woman who married a gentile, here the physician is A physician was called to help a wounded man. When he arrived,
obligated to exert himself to save her from death. he saw Reuven fleeing from the room with a knife in his hand, and
Shimon lying on the floor, soaked in his own blood. The physician
This is especially true according to the Minchas Chinuch (#237) provided first-aid, unsuccessfully. Shimon died. The gentile authori-
who rules that if one attempts suicide, there is no obligation to try ties want the doctor’s testimony, based on which they will put Reuven
to save him, because the mitzvah of saving a life is derived from the to death according to the law of the land. Is the physician permitted
mitzvah of returning a lost object. And we rule that if someone loses to testify, obligated to testify, or prohibited from testifying?
an object intentionally, there is no obligation to restore it to him. It
would thus follow that there is no obligation to return to someone a 1
life he intentionally attempted to lose. In this case too, there is room AnsweR
to view the woman as one who intentionally loses her life. She knows It says in the Mechilta (Parshas Mishpatim, Parshah 20) and in ma-
that she is living with a lawless man who frequently travels abroad, seches Shevuos (34a): If witnesses see Reuven pursuing his fellow,
376 1 Medical-HalacHic Responsa of Rav ZilbeRstein A mohel has syphilis 2 20818_efi-ab - 20818_efi-ab | 12 - B | 18-08-20 | 13:29:04 | SR:-- | Cyan 20818_efi-ab - 20818_efi-ab | 12 - B | 18-08-20 | 13:29:04 | SR:-- | Magenta 20818_efi-ab - 20818_efi
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