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1. If he says: “I will heal you,” the patient can answer: “You ap-
5. A teacher spoke evil of her student, but as a pear to me like an ambushing lion.” The Rosh explains that the
result, the student got engaged. wounded party can say “I do not accept your healing,” even if the
person who damaged him is known as an expert physician. A
1 Question patient has to be at peace with his choice of physician.
2. If the person who damaged him says, “I will bring you a phy-
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The mother of a boy asked for information about a certain girl for a sician who will treat you for nothing,” he can answer him “a
possible shidduch. One of the questions she asked the girl’s teacher physician who heals for nothing is worth nothing,” The Rosh
was, “What is the level of her honesty and moral conscience?” The explains that if the physician does not receive a fee, his heart and
teacher responded, “That is not one of her strong points.” Afterwards, his mind are not totally focused on what needs to be done for
the teacher deeply regretted the lashon hara she had spoken. the patient, since he is not anticipating any payment.

Several days later, the teacher heard that the girl was engaged to 3. And if the person who damaged him says to him: ”I will bring
the boy whose mother had questioned her. She was happy that no you a physician from far away,” he can respond, “A physician
harm had resulted from her speaking lashon hara. She went to see the from far away has a blind eye.” The Rosh explains that a phy-
mother of the boy to wish her mazal tov. To her great surprise, the sician in his own place is more careful because he fears for his
mother told her that it was specifically the information that honesty reputation. Rashi adds that in the future, this physician will go
was “not one of her strong points” that made the match. Since the on his way, unconcerned about whether or not he blinded the
family was involved in huge business deals on an international level, eyes of this person. The Meiri says that a physician from far
she worried that if the girl would constantly be criticizing what she’d away can “blind” or fool the people into believing he is an expert.
perceive as dishonesty in her husband’s dealings, the match would not The Rashash explains that “mechalos einayim” means what hap-
be successful. Therefore, when the teacher said that honesty was “not pens when there is an extended wait, as mentioned in Vayikra
her strong point,” the match was made. 26:16, where Rashi says it is a “weakening of the eyes” due to
The teacher would like to know whether she needs to seek forgive- the stress. In other words, the patient can tell him, “I am not
ness from her student for what she said. prepared to wait a long time for a doctor from far away. I want a
local physician to treat me.”

1 AnsweR 4. If the patient tells the person who damaged him to give him
money to take care of his own treatment, the person who
We can compare this question to what the Beis Yitzchak (above) damaged him can refuse to do so, since the patient may then
wrote. Although Tavi, servant of Rabban Gamliel, was injured, he neglect himself, leading to further harm which will result in his
forgave his master. So too, the kallah certainly forgave her teacher, demanding more money.
because what the teacher said was ultimately for her benefit. To the 5. If the injured person asks that his damager pay him the es-
young man’s family, it was not lashon hara but lashon tov. We can also timated amount for his healing, the damager can say: “No,
refer to the words of the Chafetz Chaim (Rule 4:11), who wrote that because then people will call me an ox who injures others.” In
if one asks information from a person for the purpose of making a other words, explains the Rosh, perhaps because of your desire

84 1 Medical-HalacHic Responsa of Rav ZilbeRstein Who should repair the damage? 2 65

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