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that due to a certain illness he has, he is presently not fit to cir-
cumcise. It is forbidden, however, to disgrace him publicly.
3. One should not take away a physician’s salary or respect on the
basis of circumstantial evidence.
4. Even if a physician is clearly a thief, if he is a big expert and
many people need him, one should not fire him, since it is a
matter of pikuach nefesh. One should hang signs informing the
patients to guard their money carefully. If his lust for money is
affecting the quality of his care, he should be fired.
358 1 Medical-HalacHic Responsa of Rav ZilbeRstein
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In view of the professional opinions of our two consultants, we can 12
now come to answer the question.
We learn in maseches Kesubos (7:10): These are the cases where the
beis din forces a man to give a writ of divorce to his wife: A man with
leprosy (covered with boils) and a man with polypus… Regarding all
of the cases mentioned in the Gemara, Rav Meir says that even if
her husband warned her beforehand, she can still claim: I thought I
could live with it, but now I see that I cannot tolerate it. The Sages,
however, say she must tolerate him and stay married to him except
for the leper, because his illness is characterized by the symptom of
flesh melting away (as mentioned in Zechariah 14:12: “Their flesh shall
melt away).”
The Tiferes Yisrael (#56) explains that a leper’s flesh rots as a result
of marital relations with his wife, and it is dangerous for him. There-
fore, even if both agree to remain married the beis din forces them
to get divorced. It is also so ruled in Shulchan Aruch (Even Haezer
#155:1).
The Sho’el Umeishiv (third edition, Part 1 #19) discusses the case of
a woman whose husband discovers that before they were married she
was ill with a contagious disease. He rules that the husband is allowed
to divorce her against her will, because Rabbeinu Gershom’s decree
does not apply to a woman with a contagious disease. Moreover it is
possible that she will bear sick children (cited by the Sedei Chemed in
Ishus, Part 6 #2:16).
It also says in the Sedei Chemed (Part 4, Topic: Ishus, #1:23): If
a widow who is halachically defined as a katlanis, (for two or more
of her husbands died) wants to marry again, the Rabbi should not
perform the marriage ceremony. And in Responsa Mahari Migash
(#103) he writes that when our Sages said “a katlanis woman should
not remarry” that is considered halachah; if someone wants to violate
it we prevent him from doing so. And the rav of the city should not
officiate at the marriage of a katlanis woman.
We can apply this to our case and learn that it is forbidden to allow
a patient with AIDS to marry a woman. Even if the woman consents,
the rav is not allowed to officiate at the marriage.
Sinner contracted contagious disease 2 367