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A psychologist learns that his patient is
involved in sin - should he tell her husband?
1 Question
The following are things that became known to me about a man in
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our congregation during the course of our treatment.
It is obviously the physician’s obligation to guard the secrets of
patients who seek his treatment. However, the burden of this knowl-
edge rests heavily upon me, and I would like to hear the Torah view
and the Rav’s advice. How am I to act in a way that will be right in
the eyes of Hashem and the congregation? This is the story in short,
without identifying details:
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The man is a respected mechanech in our city, the principal of a
school who sometimes lectures publicly. In spite of his greatness and
stature, his evil inclination has overpowered him and he has set his
eyes on a married Jewish woman. For many days now, in talk and
deed, he has attempted to seduce her. This woman is also involved in
education and is the daughter of a prominent family. Although she is
not easily seduced, she speaks to him often. This is a brief summary
of the situation. There are several aspects to my question:
Firstly, how does my obligation to maintain patient confidentiality
line up with my faith and Torah values? For example, it says “Do not
stand idly by the blood of your fellowman,” defined in parshas Ke-
doshim as “watching his death when you were able to save him.” (Rashi,
there, according to Toras Kohanim.) Likewise there is the mitzvah of
returning a lost object to its rightful owner, which according to the
Sages’ interpretation includes the returning of one’s lost health, if as
a physician one is able to do so (Minchas Chinuch #239). There is also
the mitzvah of rebuking a sinner and the mitzvah of mutual responsi-
bility of one Jew for another and the mitzvah “And you shall love your
fellowman as yourself,” and certainly more that I have not mentioned
that the Rav is aware of.
I also worry lest, someday, the sins of this man will become public
knowledge, and a terrible chillul Hashem will result.
378 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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SHOULD ONE PUBLICIZE
THE FACT THAT A MOHEL
64 HAS SYPHILIS?
1 Question
A mohel was hospitalized in one of the hospitals in Jerusalem because
of a lesion that was diagnosed as a symptom of syphilis. This is a
person who travels around the world to perform circumcisions. There
is no doubt that the syphilis came from a sinful act. Even if he does
not admit to such an act, there is no other reasonable explanation
of how he contracted the disease. According to standard procedure,
physicians are obligated to notify the Ministry of Health about all
contagious diseases, and syphilis is one of them. The Ministry will
conduct an investigation to find the source of the disease so that other
people are forewarned.
At this stage, his syphilis is treatable and curable, so that he will not
infect anyone. However, he may return to his sinful ways and contract
it again. If the disease affects his saliva next time, he can infect the
babies whom he circumcises while doing metzitzah with his mouth.
The question is: Are the physicians obligated to announce this
publicly? Should they tell the Rabbanim about this so they will put
up signs informing the public that he is not fit to practice as a mohel,
or at least notify the organizations that issue licenses for mohalim, in
order to prevent him from being a mohel?
The Chafetz Chaim (Part 2 #9) rules that if a person is liable to
harm another, there is no prohibition of rechilus, and one is obligated
A mohel has syphilis 2 347
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