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forced). It is a principle in the Torah that one should flee from a place   13  Answer to question 3:                                                                                                                              #                                                                                    20818
               of sin, as is stated about the righteous Yosef (Bereishis 39:12): “And he
               fled and ran outside.” The Birkas Peretz explains on the verse (Shemos                   One should not believe the patient’s testimony about him-
               13:17): “Hashem did not lead them by way of the land of Pelishtim,                       self and therefore should not report him to the authorities.
               although that was near,” that every person should stay far away from                     Even if the facts turn out to be true, one should not give
               a place where he may stumble and sin.                                                    him over to be killed for the murder he committed. How-
                  Therefore, the physician must advise the patient to stay far away                     ever, one should also not hide it, and if it appears that he
                                                                                                        will continue his bad ways, one should report him to the
               from a place where he is likely to sin. If the patient acts upon the                     authorities.
               advice and there is no possibility that he will continue to harm young
               girls, it is forbidden for the physician to disgrace him by informing on
               him to his relatives.


                   1     SuMMaRy and Conclusions


               Answer to question 1:

                         If the physician is certain that his patient will continue his
                         sinful ways and there is a possibility that the girls will be
                         damaged, the physician is obligated to inform the parents,
                         because the fear that the girls are liable to experience is
                         defined as danger to life. One must feel more compassion
                         for the victims than for the sinner. Obviously, if the patient
                         moves to a different location and there is no chance of his
                         harming the children further, then one should not disgrace
                         him needlessly.

               Answer to question 2:

                         One cannot, on the basis of the patient’s testimony about
                         himself, punish him physically, such as by imprisonment.
                         If he had confessed before two kosher witnesses, he would
                         be obligated to pay. If the physician himself witnesses
                         his thievery, but hopes that treatment will cause him to
                         repent, he should not hand him over to the authorities.
                         We can assume that ultimately the patient will return the
                         stolen goods on his own.




        390              1  Medical-HalacHic Responsa of Rav ZilbeRstein                       Publicizing the sins of a psychiatric patient  2                391
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