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mitzvos: the return of the stolen money, and the return of the thief ’s 1 AnsweR # 20818_efi-ab - 20818_efi-ab | 13 - B | 18-08-20 | 13:29:05 | SR:-- | Black 20818_efi-ab
soul, who paid him to fulfill this mitzvah.
Even if the thief continues to steal while on the road to recovery, There are three questions to discuss here:
the money can be returned when he is healed, and one can hope that 1. Perhaps the patient’s testimony is not enough of a reason to
he will do so. Therefore if there is hope for his recovery, the physician inform the man’s superiors, so that they should look into the
should do nothing but treat him. He should not hand him over to the issue and deal with it. Perhaps the story is untrue and the man
authorities. will be unfairly branded and disgraced.
Our Sages invested much care in the decree allowing robbers 2. Even if we say that the patient’s testimony is sufficient grounds
to repent. It says in maseches Bava Kamma (94b): If [professional] for investigation, is it right to expose this at the expense of dam-
thieves begin returning what they took, one should not accept it [but age to the patient’s family?
rather forgive them] and he who accepts from them is not beloved by
the Sages. This is in order to keep a door open to repentance (Sema 3. Is the therapist obligated to expose the man’s misdeeds if doing
#315:3). There was once a man once who wanted to repent. His wife so will cause the therapist personal damage?
said to him, “Empty one, if you repent even your belt will not be We will begin by answering the first question:
yours!” As a result of her words, he did not repent. At that time, it was
said: One should not accept the stolen items that [long-time] thieves The navi Yirmiyahu relates (40:7-15 and 41:1-3,9):
attempt to return, in order not to dissuade them from repentance. …And all the captains of the forces heard… that the King 20818_efi-ab - 20818_efi-ab | 13 - B | 18-08-20 | 13:29:05 | SR:--

of Bavel had made Gedaliah ben Achikam Governor in the
1 AnsweR to Question 1 land and had committed to him men, women and children
and the poorest of the land, of those who were not taken
This question differs from the other two. In questions 2 and 3 we captive to Bavel… and Yochanan ben Kareach, and all the
ruled on whether or not to hand the patient over to the authorities, captains of the forces … came to Gedaliah at the Mitzpah
who would then imprison or punish him. We explained that one and said to him: Do you not know that Baalis, King of
cannot do so based on the testimony of the patient because a person Ammon, sent Yishmael ben Nesanyah to take your life?
cannot present himself as being evil. In this case, however, the ques- But Gedaliah ben Achikam did not believe them. And Yo-
tion is whether or not to notify the parents of the patient’s young chanan ben Kareach secretly said to Gedaliah in the Mitz-
victims so that they can protect their girls from future tragedy. If the pah, I shall go and kill Yishmael ben Nesanyah and no man
patient admits that he is continuing his abusive acts, one is obligated will know. Why should he kill you and all of Yehudah who
to inform the parents so that they will stop him. gather around? You will disperse and the remaining men
Even though the patient will lose trust in the physician and his of Yehuda will be lost?! And Gedaliah ben Achikam said
treatment will be adversely affected, we cannot be patient with him to Yochanan ben Kareach: Do not do this thing, for you
at the expense of the girls, when there is concern that they will wake speak falsehood about Yishmael…. And it came to pass in
up and become overwhelmed with fear. In the case of the patient who the seventh month that Yishmael ben Nesanyah…and ten
admits that he stole, we can concern ourselves with aiding his reha- men with him, came to Gedaliah at the Mitzpah and they
bilitation him because he can undo the harm he causes by returning ate bread together at the Mitzpah. Then Yishamel rose,

388 1 Medical-HalacHic Responsa of Rav ZilbeRstein Patient reveals sins 2 393