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 to inform the other person in order to save him from harm, according   and since he has no fear of Hashem, there is nothing to hold him back
 to the conditions listed there. If he does not tell, he violates “Do not   from having relations with sick women.
 stand idly by the blood of your fellowman” and also violates “You shall   However, some  poskim question the  Minchas Chinuch. Since a
 restore it to him” [his lost health]. (See Responsa Tzitz Eliezer, Vol. 16   person halachically does not own himself, how can we compare an
 #4.) This law applies not only when there is a possibility of danger to   attempt at suicide to an intentional loss of an object? He has no own-
 life but also when dealing with a serious illness or monetary loss. In   ership over his life to begin with!
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 our case, the mohel can transmit a serious illness to the many babies he   Perhaps we can answer that  the  Minchas  Chinuch applies since
 circumcises. In order to save them, one must prevent this man from   there are those of our Sages who permit suicide in certain situations.
 being a mohel. On the other hand, it is a distant concern, because in   For example, Shaul Hamelech asked the Amalekite boy to kill him,
 his present stage of illness he can be cured. It is also not likely that he   for he feared the torture his enemies would inflict on him before his
 will repeat his sin after the damage it caused him this time. Even if he   death. In this situation, although we are forbidden to hasten his death
 does, the lesion of syphilis may not be in his mouth, and then the act   and we must try to save him, nonetheless, since he decided, in accor-
 of circumcision would not lead to contagion. Furthermore, it may be   dance with some of our Sages, that it was permissible for him to kill
 sufficient to just warn him not to return to his sinful ways.  himself, this is called an “intentional loss of an object” and there is no
 However, it is possible that regarding a mohel one must take into   mitzvah to save him.
 account another line of thought. As the Maharil (Hilchos Milah, #5)   According to this approach, in our case one should not rely on the
 writes, and as brought in the  halachah  in the  Rama  (Yoreh Deah,   Minchas Chinuch because there is no room to permit the woman to
 264:1), one should seek out the most virtuous and righteous mohel,   intentionally lose her life. She will be held accountable in the Heav-
 and someone who transgressed so seriously may not be fitting to act   enly Court for behaving irresponsibly and living with a gentile who
 as a mohel altogether.  endangers her life.
 Another question asked by a hospital administrator:
 An expert physician is suspected of stealing from his patients.   1   SuMMaRy and Conclusions
 The hospital administration has found evidence to substantiate this
 suspicion. Must he be fired from his job in order to save the public   1.  If a Jewish woman is married to a Jewish man suspected of car-
 from harm?
                rying AIDS, thereby placing her in danger, the physician should
                convince the man to reveal this to his wife. If he refuses, the
 1   AnsweR to Question 1  physician has to make every effort to make the woman aware of
                this, even if it may affect his livelihood. There is no limit to the
 It says in the Shulchan Aruch (Even Haezer #4:4): If a woman whose   reward of this physician, as explained in the holy Zohar (parshas
 husband is overseas for more than twelve months gives birth after   Haazinu).
 twelve months, the baby is considered a  mamzer, because a baby
 does  not  remain  in  its  mother’s  womb  more  than  twelve  months.   2.  If a Jewish woman lives with a gentile, and she has a child, and
 The Baal Halachos Gedolos (Hilchos Gittin, p. 420) believes that he is   there is a reasonable possibility that the child may become in-
 not presumed to be a mamzer. Since it is an argument between the   fected, the physician has to make every effort to save the child.
 poskim, the baby is rendered a “possible mamzer.” The Rama writes: If   




 348   1  Medical-HalacHic Responsa of Rav ZilbeRstein  Telling a woman that her spouse is suspected of sin  2   377





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