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in general, this [fact that we don’t kill based on confession] capital cases immediately, saying that he is worse than any
is a decree of the King. other person in this city and it is a mitzvah to pursue him
indiscriminately, then one has to be extremely careful not
We can learn from this in our case that we are not to believe someone to speak badly of this person, because doing so is simply
who claims he killed someone else. like shooting an arrow with his speech.
The Rambam (Hilchos Eidus 12:2) also writes that a person does
not disqualify himself [from being a kosher witness] by claiming to The Chafetz Chaim adds that if a person heard some negative in-
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have committed a sin. For example, if a man comes to a beis din and formation about his fellowman, it would seem that on the basis of
says he stole or robbed or lent money with usury, even though he pays this information he is allowed to warn others to be careful, as the
on the basis of his own word, he is not disqualified. Rosh writes (Niddah, ibid.). Nevertheless, there is room to deliberate
The Meshaneh Halachos writes that even when a person comes to whether this is really permitted, for by saving one person from harm,
repent, there is a difference of opinion on whether or not one should he may be causing undue harm to another. Perhaps the negative
believe him. The Sema (#34:60) cites from the Mordechai that even if information is false, and as a result of his words, this man will be
he says “I will repent and return the usury that I took,” we still don’t publicized as a thief and find no way to support himself. Perhaps the
believe him because a person cannot bear testimony to his own wick- Rosh’s leniency only applies where there is no chance that the warning 13
edness, and we say he is only pretending. But in Bedek Habayis (Yoreh will cause harm to the other party.
Deah #157) it says in the name of Teshuvos Hageonim that if a person In view of the above, if exposing the school-director’s supposed
comes to repent, we do flog him and give him atonement, but we do misdeeds will cause a public scandal, and it is possible that he will not
not disqualify him from testifying in court. be able to completely disprove the suspicions cast upon him, and his
The Meshaneh Halachos also writes that one is forbidden to hate superiors will be influenced by the slander, leaving the man without
a person based on his own admission. It says (Tzofnas Paaneach, a livelihood, then we cannot permit the exposure. This is especially
Pesachim, 113b) that if one sees his fellowman behaving immorally, true since we do not know if the patient is a reliable source of infor-
he is permitted to hate him. However, if his fellowman comes and mation. On the other hand, one must consider that he may be telling
confesses to him that he transgressed some sin, he is forbidden to the truth and we cannot allow this possibly immoral behavior and
hate him on the basis of that confession. lawlessness to continue.
In view of the above, it seems that the physician is forbidden to tell Therefore, it seems to me that the right thing for the therapist to
anyone about the murder and certainly not the authorities (and he do is to call the school-director to a beis din of G-d-fearing rabbanim,
is forbidden to hate him). Even if the physician has proof that he is who will not spread any rumors or lashon hara. They will investigate
speaking the the truth, if there is a possibility that the authorities will whether there is truth to the allegations. If iso, they will hand the
give him capital punishment, it is forbidden to turn him in. If there matter over to his superiors and the police in order to remove him
is no possibility that they will kill him, the physician should conduct from his post
himself according to the Maharshal (above) and not conceal him. 
This applies if the patient confesses to one incident. If, however, his
words indicate that he is a habitual murderer, one should be concerned
about possible pikuach nefesh and hand him over to the authorities,
if they will not kill him. As the Beis Yosef writes (Choshen Mishpat

386 1 Medical-HalacHic Responsa of Rav ZilbeRstein Patient reveals sins 2 395

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