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If one suspects a person of stealing, should one
DIVORCE DUE TO
ERRONEOUS MEDICAL
44 INFORMATION
1 Question
A woman developed a rash on the palms of her hands, on her feet
and in the inside of her mouth. A skin specialist has her blood tested,
but could not make a definitive diagnosis. He diagnosed secondary
syphilis, because of the rash and its appearance, before he received the
results of the test specific for this disease. The physician explained
to the couple the essence of the disease and that the husband may
become infected or develop serious complications. Relying on this in-
formation, the couple divorced, although they had been living togeth-
er peacefully and pleasantly all their lives. After a short time period,
the woman received the results of the blood tests, which negated the
diagnosis of syphilis. The rash subsided on its own.
The woman is preparing to marry another man and the physician
feels guilty, because in retrospect his opinion was incorrect and was
made hastily without adequate contemplation. The physician thinks
the divorce is null and void since there was inadequate reason for it.
If that is the case, she should be considered a married woman, and
if she would have children from the second marriage, they would be
mamzerim (illegitimate).
What should the physician do? Was the husband’s decision to
divorce his wife based only on the information given to him by the
physician?
182 1 Medical-HalacHic Responsa of Rav ZilbeRstein
#
6
inform the police?
1 Question
The administrator of several public institutions suddenly increased
his standard of living and began living like a rich man. He extended
his apartment, decorated his home expensively, and started going on
lavish vacations. As a result, a rumor spread that he was profiting
from public monies. People are not certain whether or not to hand
him over to the police, since there were no witnesses who saw him
steal public funds. Merely opening an investigation against him will
impinge on his livelihood. On the other hand, should this not be
done in order to safeguard public assets?
1 AnsweR
It is related in maseches Gittin (52b) that Amram the dyer was ap-
pointed the guardian (apotropos) of orphans. Relatives of the orphans
complained to Rav Nachman that the guardian was using the or-
phans’ money and assets to clothe himself.
“He dresses so in order to command more respect,” explained Rav
Nachman in response.
“No,” insisted the relatives. “He eats and drinks from their money,
as he himself is not a man of means.”
“We can judge him favorably,” answered Rav Nachman, “by assum-
ing that he found something valuable.”
We learn from here that a guardian is to be judged favorably. We
do not assume that he stole. In our case as well, we can assume that
his extravagant lifestyle is a result of a treasure he discovered or an
inheritance he received. It is forbidden for us to judge him negatively,
and to assume that he is profiting from the institutions he adminis-
ters. The Rama (Orach Chayim #53:25), writes as follows: “We do not
fire [the cantor] because of a rumor, such as if a rumor spreads that
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