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the drug before surgical procedures, in consultation with their car- woman had tricked him into divorcing her, the husband said he
diologist. had done so willingly and was not sorry at all about the divorce.
In addition, one must take into account that tension and anxiety (Later he changed his mind and said that he did not willingly
during the treatment cause the secretion of adrenaline in the body, want to divorce her. Maybe people convinced him to say so, in
which is liable to aggravate the condition of cardiac patients. There- order to pressure her to give him more money for the second
fore, one should calm the patient before the dental treatment. divorce.) The Divrei Malkiel pointed out that according to this
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In conclusion, dental treatments in patients who have heart disease revelation the bill of divorce is valid. We would need the hus-
or any chronic illness are liable to be dangerous. Therefore, the dentist band to say, specifically, “Had I known that my wife’s illness was
must be aware of the health status of his patient and implement mea- not dangerous I would not have divorced her.” This is similar to
sures in order to give correct and proper dental treatment. the case in Gittin, that if a man divorces his wife because of a

Dr. A. Zlochower, Dentist, Bnei Brak rumor, he can nullify the divorce by saying “Had I known that
the rumors were false, even for 100 maneh I would not have
divorced her.”
1 AnsweR
5. Another proof the Divrei Malkiel brings to validate the divorce
First, let us establish that if there are government regulations ac- is that the rav asked the husband: Why not wait for half a year?
cepted by the public that stipulate when a physician should be fired, Maybe she can be healed. The husband answered that after they
one should follow these regulations. As explained in maseches Bava married he became aware that she was already ill, but since he
Basra 8b, the people of a city have the authority to determine wages of married her he was forced to bear the illness. But in the past
workers, which the Rash explains as “to fine them for transgressions of three months the illness has worsened, she cannot eat anything,
the rules...” This is explained in the Shulchan Aruch (Choshen Mishpat and for half a year she has not been able to ritually purify herself
#231:28). Moreover, the Shulchan Aruch states (#331) that “everything to be with her husband. Therefore, he wants to divorce her. So,
follows the custom of the land.” The words that follow refer to a place even at the time he gave her the divorce he revealed that even
that has no regulations on this topic. if there were no danger involved, he would have divorced her
Regarding revoking the license of a negligent physician who caused anyway. Therefore, we can validate the divorce. He concludes
the death of a patient, we already wrote (in Section 39), that the there: In any event, if when he found out that there is no danger
Shulchan Aruch’s view is that one fires the expert following even one he would have complained immediately, there may have been
act of negligence but only if he is employed by the local community. room to nullify the divorce. But if he did not object, the bill of
According to the Rama, however, he is fired only if he was negligent divorce is valid.
three times, and even if he is self- employed. 6. This case also came before the Gaon of Sochaczew, and he invali-
I heard from my revered father-in-law Rav Yosef Shalom Elyashiv
zt”l that this ruling relates only to a bloodletter who sinned, such as dated the bill of divorce. Witnesses also testified that the reason
he divorced his wife was because the physician said her illness is
if he let more blood than needed, because in this case he damaged dangerous to both of them.
directly. If he did not cause damage directly, such as if he prescribed
harmful medications, we have not heard that he should be fired. On 7. The conclusion of the Divrei Malkiel is that the determining
the other hand, my father-in-law also said that nowadays every phy- factor for the halachah is that if the woman asked the physician

156 1 Medical-HalacHic Responsa of Rav ZilbeRstein Divorce due to erroneous medical information 2 185

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