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wife has a disease that would make it dangerous for him to continue
living with her, the husband should have thoroughly investigated
whether or not the doctor’s prognosis was accurate. If he divorced her
without looking into it further, she was probably not beloved to him.
47 RATING PHYSICIANS
PUBLICLY
A couple divorces due to infertility and the wife
later had children
1 Question
“When hair will grow on the palms of my hands, this woman will 1 Questions
give birth to children,” said the doctor. The couple adopted a child, Is it proper for a physician or other person to publicize the names of
believing they would never have children of their own. Several years expert and qualified physcians in a certain field, implying that other
later, she gave birth to a child of her own. physicians are less qualified?
Had the husband divorced her based on the doctor’s prognosis, How can one inform the public who is the most experienced and
and then she would have had a child of her own from another man, knowledgeable doctor to treat a specific problem?
would the divorce be retroactively null and void, making the child a
mamzer?
1 AnsweR 1 AnsweR to Question 1
It says in maseches Yevamos (68a): If a woman married a man and had Let us first discuss businesses. It is permissible to publicize that one
no children and he divorced her after ten years, and then she mar- store sells quality merchandise for the best prices?
ried a second man but had no children, she should not marry a third It seems to me that if one does a market survey with a meticulous
man unless he already has children. If she married a man who has no evaluation of the different stores, and then publicizes an accurate list
children, she should be divorced without collecting her kesubah. The rating which stores sell quality merchandise for the best prices, it is
Gemara asks: If she married a fourth man and she had children, can permissible to publish this list. Perhaps it is even a mitzvah, as an act
she claim her kesubah from her third husband, because, clearly, she of kindness to consumers. Even if the publicity might hurt one of
was able to have children and her husband was the one at fault? The the businesses, there is no prohibition involved because the Torah is
Gemara answers that we tell her: “Your silence is better than your concerned mostly about the benefit of the consumer. Moreover, the
word” (i.e. you are better off keeping quiet) because the third hus- business could always choose to lower its prices so as not to be hurt
band could say to her: “I did not divorce you thinking that you would by the competition.
have children.” The Gemara then asks: Why is the divorce not null Competition between businesses is a positive thing. As the Rama
190 1 Medical-HalacHic Responsa of Rav ZilbeRstein Rating physicians publicly 2 215 # 20818
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