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which he wrote that if his wife would give the kesubah document over
to a certain Torah scholar and promise to waive her right to the sum
cited in her kesubah, he will send her a bill of divorce. If not, he will go
far away and leave her chained… The woman’s father then gave the
kesubah to the Torah scholar and she waived the rights of her kesubah.
60 REPORTING A PERSON’S Afterwards she signed, in front of witnesses, a document testifying
FAULTY VISION, IF IT IS
that she was coerced into forgoing the money due her by the kesubah.
LIKELY TO CAUSE DANGER
Moreover, even before her father gave the kesubah to the Torah schol-
TO THE PUBLIC
ar she had made a copy of it and had left it with the beis din.
A few days later, her husband sent her a fully unconditional get
signed by three dayanim in his city. After she received it, she demand-
ed the payment due to her by the kesubah, intending to collect it from
1 Questions her ex-husband’s house. The man claimed he had granted her the
divorce under the assumption that he owed her nothing.
I wish to ask the honorable Rav a number of questions in order to The Maharam Alsheich explains at length that although the hus-
clarify certain halachic issues that come up in my work as an ophthal- band said he would give the divorce unconditionally, this only applies
mologist. to future conditions. Since he was sure the kesubah had been handed
What should a physician do if he discerns that a patient has de- over, he thought it was a done deal and therefore was not concerned
ficiencies in sharpness of vision, field of vision, night vision, or color about mentioning it at the time he granted the divorce.
vision/blindness? If, in the physician’s opinion, these may under He continues and says, though, that this cannot be so, for several
certain circumstances lead to accidents (while driving, working in a reasons: Firstly, since he had threatened to diappear and leave her
factory, doing military service etc.), but the patient does not want to an agunah if she wouldn’t give over the kesubah, there is no greater
stop driving or change his place of work, is the physician obligated coercion than this. He should have understood that she would make
to maintain the patient’s confidentiality or is he obligated to notify the beis din aware of this coercion, thus invalidating the condition.
the authorities (the Ministry of Transportation, the army, his place Therefore, he should have made an explicit condition when granting
of work etc.) of the patient’s limitations, thereby causing the patient the bill of divorce that he was doing so on condition that she forgo
economic or social damage? the kesubah and not deceive him in any way. Furthermore, in truth, his
What should the physician do if a patient asks him to keep his condition was fulfilled because the kesubah was given to a third party.
visual deficiencies a secret, and promises to refrain from dangerous Perhaps our case is the same. The apostate should have been
activity, but the physician is not convinced that he will do so? aware that the family might deceive him and falsely claim that she
sinned when in fact she is modest and did no wrong. He should have
1 AnsweR understood that they might do this in order to get her the divorce.
He should thus have made an explicit condition when granting the
The Torah says (Vayikra 19:16): “You shall not be a talebearer among divorce that it was only on condition that they hadn’t deceived him. If
your people. Do not stand idly by the blood of your fellowman, I am he didn’t state this condition, then the divorce may be valid.
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