Page 403 - 20818_park-B_efi
P. 403
1. A patient told his psychiatrist about robberies he had committed. permitted to tell a gentile mailman outside of Eretz Yisarel on Shabbos
The physician has begun therapy and hopes to see positive results. Is that one cannot open a letter delivered on Shabbos. If the mailman
he obligated to notify the police about this man’s activities? understands the hint, he will open the letter for him on Shabbos.
2. A patient abroad revealed to his physician that he had killed his This requires clarification, because it involves a violation of a possi-
Jewish friend. He made a condition with the physician that he not ble Biblical prohibition. The Pri Megadim answers that it’s possible
reveal this secret to anyone in the world. Is the physician obligated to that the letter contains a matter of pikuach nefesh, and therefore it is
reveal this to the authorities? permissible to hint to the mailman to open it. Likewise in our case,
perhaps we can say that Shimon destroyed letters that possibly con-
tained matters of pikuach nefesh, and therefore it is permissible to fire
1 AnsweR to Question 3 him on the basis of only one witness. Maybe it is also permitted to
cause the postmaster to sin once, instead of allowing Shimon to sin
We will first rule on the last question: Is the physician obligated to
tell the authorities that the patient killed his friend, a Jew? In ma- many times.
seches Niddah (61a), it says that there was a rumor spread that some If there is a condition in the contract that says that a mailman
people of the Galilee had killed a person. These people asked Rabbi can be fired even on the grounds of a suspicion without substantive
Tarfon to hide them, and he responded that since perhaps they had proof, then one should tell on him without any hesitation. He is even
murdered, he was not permitted to save them (Rashi). Therefore, he obligated to tell on him in order to prevent harm to the public and to
said, go and hide. prevent Shimon from the opportunity to continue stealing from the
public.
The Rosh questions Rashi’s interpretation of the Gemara (ibid.,
9:5). Based on a rumor that a person sinned, is it prohibited to save
him? The Rosh explains, as does Tosfos, (s.v. atmarinchu, in the name Now we can answer the second question we posed at the beginning.
of Sheiltos) that Rabbi Tarfon was concerned that if they had actually Should one expose the allegations against the school-director at the
murdered, and he would hide them, the king would kill him. That is expense of harming his patient’s family?
why he refused to hide them. The Maharsha further explains that even The Nodah Biyehudah ruled on a similar case (first edition #35).
at a time when capital crimes are no longer judged, it is still prohib- There was a man who sinned for many years with a married woman
ited to rescue murderers. We are to allow them to perish along with and then wanted to repent. He asked if he was obligated to tell the
all the wicked people in the world. The reason Rabbi Tarfon would woman’s husband, who would then have to divorce her if he accepted
have seemingly saved them if not for fear of his own life is because of the confession as fact, causing great shame to the family? Perhaps, he
the principle that possible danger to life is ruled on leniently, and also asked, this is like the case of someone who sees his fellowman un-
that all people are presumed to be innocent, so we assume they did knowingly wearing sha’atnez (a forbidden mixture of wool and linen)
not kill. But if it is clear that someone is a murderer, one should not in public. The din is that he does not notify him, so that he will not
save him. (See Chafetz Chaim, Hilchos Lashon Hara 6:28). have to undress in the marketplace, because of the importance of kev-
It says in the Sefer Meshaneh Halachos (Part 7 #285): od habriyos (respectability). Similarly, perhaps it would be preferable
not to tell the man anything at all.
Although Rashi and Tosfos and Rosh disagree about wheth- The Noda Biyehudah answered that one is obligated to tell the hus-
er or not to save him, they certainly do not say that one band. This is different from sha’atnez, which is only a temporary sin.
384 1 Medical-HalacHic Responsa of Rav ZilbeRstein Patient reveals sins 2 397 # 20818_efi-ab - 20818_efi-ab | 13 - B | 18-08-20 | 13:29:05 | SR:-- | Cyan 20818_efi-ab
# 20818_efi-ab - 20818_efi-ab | 13 - B | 18-08-20 | 13:29:05 | SR:

