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In Responsa Chasam Sofer (Choshen Mishpat #176) there is a case
brought regarding Reuven, who fooled Shimon, the mohel, and told
him that his wife had just given birth to a son and he wanted to honor DECEIVING A HEALTHCARE
him with the mitzvah of circumcision. Shimon traveled four hours CLINIC (KUPAT CHOLIM)
from his community to Reuven’s village, only to discover that Reuven IN ORDER TO PROVIDE
had lied to him. Reuven’s wife had in fact given birth to a baby girl, 86 PATIENTS WITH BETTER
and Shimon became a laughingstock. What is the halacha regarding TREATMENT
Reuven? Should he be fired from his profession? (He was a shochet.)
The Chasam Sofer answered that the sin committed here is two-
fold. There is both a monetary loss, as well as a deception involved.
The latter sin comes first, because he who deceives, violates a Torah
prohibition of “Do not wrong one another” (Vayikra 25:17). Rashi
explains that one must be careful not to hurt another with his words. 1 Question
Our Sages demonstrate this sin as follows: If the donkey drivers 20818_efi-ab - 20818_park-C_efi-ab | 6 - A | 18-08-20 | 13:46:24 | SR:-- | Magenta #20818_efi-ab - 20818_park-C_efi-ab | 6 - A | 18-08-20 | 13:46:24 | SR:-- | Yellow 20818_efi-ab - 20818_park-C_efi-ab | 6 - A | 18-08-20 | 13:46:24 | SR:--
ask someone for grain, he should not say to them: Go to so-and-so There is a patient who suffers from chest pains that are exacerbat-
because he sells grain, if he knows that this man never sold grain. ed when he eats. In order to determine the presence or absence of
(Tractate Baba Metzia 58b) a stomach ulcer, he was advised to do a gastroscopy. The healthcare
clinic (kupat cholim) authorized the procedure to be done in the stom-
The Chasam Sofer adds that the Sages intentionally refer to don-
key drivers, who come to the city to buy grain at any rate, and they ach/gastroenterology section of the clinic. The test is to be performed
sustain no loss as a result of these words. He is merely poking fun and by a specific physician responsible for these procedures in the clinic.
fooling them with his words, yet even so, he violates the prohibition The patient’s primary physician knows that the procedure can be
of “Do not wrong one another” (all the more so if he causes someone done in the hospital by a physician with far greater experience and
unnecessary exertion). expertise than the clinic’s physician. The family physician requested
permission from the healthcare clinic to have the procedure done in
In Tractate Pesachim (3b) there is a description of a gentile who the hospital in order to minimize the possible complications of the
deceived the Jews, entered the Temple, and ate from the Korban test and to increase the reliability of the results. The healthcare clinic
Pesach. He showed off to Rav Yehudah ben Beiseira, and said, “The refused to allow it due to the expense.
Torah rules that ‘no son of a foreigner shall eat from it,’ (Shemos 12:43)
while I, a gentile, eat from the choicest part of the offering.” “Were The question is: Is the physician allowed to deceive the healthcare
you also given the tail?” Rav Yehuda asked him. The gentile answered clinic by referring the patient to be hospitalized, so that the gastros-
copy will then be performed by the expert physician? Would this be
in the negative. Rav Yehudah then said to him: “When you go up
to Jerusalem again, ask for the tail.” And so he did. “Why, the tail is considered stealing from the healthcare fund?
burned, and not eaten!” the Kohanim answered him. “Who told you Dr. Dovid Wald
to ask for the tail?” “Rav Yehudah ben Beiseira told me to ask for the Schneider Medical Center, Petach Tikvah

170 1 Medical-HalacHic Responsa of Rav ZilbeRstein Deceiving a Healthcare Clinic 2 155