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should turn him over to the authorities… Even according
Should a person reveal that he saw a mailman to Rashi, who maintains that one is not allowed to save
destroying letters? him, giving him over to the authorities is nonetheless for-
bidden. This applies not only if we are unsure whether he
1 Question really killed, but even if a person deserves to be sentenced
to one of the death penalties of the beis din, and there are
Reuven, who works in the post office, saw Shimon, the mailman, de- witnesses and he was forewarned, only they did not bring
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stroying letters (claiming that these letters do not belong to his mail him to beis din yet, or they brought him to beis din but
route.) Although Reuven warned Shimon and explained to him that his sentence has not yet been finalized — then if someone
he is a thief, he then saw Shimon repeating the same acts. Is Reuven killed him, he is guilty as the murderer of a righteous per-
obligated to tell Shimon’s supervisors, who will certainly fire him as son and is to be put to death [by a beis din].
a result, or not?
Likewise, the Rambam (Hilchos Rotzeach 1:5) also writes: He who kills
intentionally is not killed by the witnesses, nor by those who saw him,
1 AnsweR until he comes to a beis din.

If Shimon is only working for a short time in the post office and has If this is the halachah, then how can we give over a person to the
no tenure and is not entitled to severance pay, then Reuven is obligat- gentiles, who will sentence him to death contrary to Torah law?
ed to tell his superiors. However, if Shimon is a veteran worker and Until now, we have spoken of a situation where we had clear infor-
is entitled to severance pay (which he will lose if he is fired) then per- mation that he killed someone. But, in our case, where a person says
haps it is forbidden to speak up. We would have to study the matter that he killed someone and asks the physician not to reveal this to
further, because there may be cases where it is allowed: anybody, there is a general rule that a person cannot present himself
The Chafetz Chaim says (Hilchos Rechilus, Rule 9:5): If someone as being evil, and he is not to be believed. We continue to believe that
knows that the person to whom he is revealing something is the type he never killed anyone.
of person who will believe him immediately and then rule on his own And these are the words of the Rambam (Hilchos Sanhedrin 8:6):
and act based on his own judgment - in other words: On the basis of It is a decree written in the Torah that a beis din does not
the testimony of one witness, he will undo the employment agreement put to death nor flog someone based on his own confes-
he had with the person to whom the allegations are directed - then sion, but only on the testimony of two witnesses. And
even if he would do nothing worse than what a beis din would tell him the fact that Yehoshua killed Achan and David killed the
to do had there been two kosher witnesses, one is forbidden to relate young Amalekite based on their own confessions was only
the information to him, since it will cause harm to the other person. a temporary ruling… But the Sanhedrin would not put to
In our case as well, the postmaster is forbidden to harm Shimon death nor flog someone on the basis of his own admission.
on the basis of the testimony of one witness. If he nevertheless does Perhaps he lost his mind, or perhaps the bitterness in his
so, then Reuven is guilty of causing him to sin. heart has him awaiting death, and, like those who pierce
This requires further study, however, because the Pri Megadim themselves with swords or throw themselves off roofs, he
writes (Orach Chayim #307 in Eshel Avraham #100:31) that one is claims to have killed someone so that he should die. And

396 1 Medical-HalacHic Responsa of Rav ZilbeRstein Publicizing the sins of a psychiatric patient 2 385

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