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are thus leading both her and the public to sin. She is therefore con-
sidered a hazard in a public place.

  We learn in Gittin (38a), “Rabbi Yitzchak said: there was a case
involving a certain woman who was half slave and half free [and as
such could marry neither a slave nor a free man] and they forced her
master to free her completely because she was being treated with
abandon.” Tosfos (ibid. 41b s.v. kofin) explain that they forced her
master to free her so that she could marry and this is considered a
mitzvah that benefits the public. Therefore, before we try helping this
woman we ought to try influencing her to mend her ways and only
then is it a mitzvah to extend assistance to her.

  Now, our discussion hitherto has focused upon the obligation of
saving a sinner but a different argument can apparently be made for
refraining to treat the woman, who lives her life not in accordance
with the Torah, for the physician is thereby assisting a sinner in sin-
ning.

  Perhaps a response to this question can be drawn from a case dis-
cussed by the Maharsham (2, 184): is it permitted to rent a store to
a barber who shaves his customers in public view on Shabbos? Does
this constitute assisting in a sin? He responds that the prohibition of
“assisting in a sin” applies only when the assistance is extended at the
time when sinner will be engaging in the sin but if he does not com-
mit the sin immediately, helping him is permitted. Since the barber
will not be desecrating Shabbos at the time the rental takes place it is
permitted. In our case too, since no sin is being committed while the
woman is undergoing treatment, it may not be prohibited.

  The Maharsham responds further that the landlord is only assist-
ing the barber by allowing him to use the store but not with what the
latter does inside the store. According to this answer, in the case of a
woman whose whole life and livelihood revolve around sin, treating
her may well involve “assisting in a sin.”

  See also Nachalas Eliyahu (36) who was also asked whether it is
permitted to rent an apartment to a Shabbos desecrater. He respond-
ed that since it is possible that the apartment will only be used in a

Refusing to Treat a Sinner 2                                              251
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