Page 100 - 20818_park-c_efi

1) So that the marriage not be a mistaken transaction. 2) So as not to
violate the prohibition of deception.
The Kehillos Yaakov answered him that it says in the Gemara
(Yevamos #44) that if someone unknowingly transgresses a negative
Torah precept by marrying someone (such as if he married a woman
not knowing that she was a mamzeres) according to Rav Huna, the
marriage is not a mistaken transaction. However, if one sells a prohib-
ited item, such as meat that was found to be treifah, or even if one sells
something that is only prohibited Rabbinically, the sale is considered
a mistaken transaction, as explained by the Rambam and Shulchan
Aruch (Choshen Mishpat #234). What is the difference between these
two situations?
Perhaps the difference is that one who buys meat does not have an
interest in one specific piece of meat and would not care if he received
a different piece of meat. Therefore, if he bought meat that turned
out to be treif, the sale is a mistaken transaction, because he could just
as well have bought a piece of meat without blemish. Marriages are
different. They are as difficult as the splitting of the Red Sea. When
two people agree to marry, their joy is enormous. No one marries
just “anyone.” People choose a mate who finds favor in their eyes.
Therefore, a minor defect is not enough to nullify the marriage, only
a real blemish which is serious enough to warrant a divorce would
disqualify a marriage. Therefore, there is no issue of a mistaken trans-
action here.
Regarding the issue of deception, it would seem that one need not
inform a potential mate of this issue. Proof for this assertion is in
Tractate Yevamos (45a) where the son of a gentile father is advised
to travel abroad, where his origins are unknown, in order to find a
mate. He is not obligated to reveal his origins to the girl before his
marriage. The reason for this is because of a blemish is not enough
to cause someone to back out of a deal once it was done, then one is
not obligated to reveal it. We can logically assess that once they have
formed an emotional bond, and divorce would be difficult, and who
knows if another match would come up, then bedieved they would
accept the blemish. Therefore, hiding this blemish before marriage is
86 1 Medical-HalacHic Responsa of Rav ZilbeRstein
4
WHEN AND HOW TO
82 REVEAL TO PARENTS THAT
THEY GAVE BIRTH TO A
BLIND CHILD?
1 Questions PaRents Gave BiRth to a Blind Child
1. When should an ophthalmologist reveal to the parents the fact
that their newborn baby is blind? We are referring to blindness
which was confirmed by electrophysiological testing showing
that he cannot see because of degeneration of the retina, in spite
of the normal external appearance of his eyes.
2. How should one reveal this fact to the parents? I should point
out that the parents have another blind girl and a retarded girl,
and they put all their hopes in this child, whom they assume is
able to see.
3. I would also like to clarify the halacha for degeneration of the
retina that causes blindness. In general, people born with this
disease become blind in their teens or twenties, after a long pro-
cess of deterioration. How and when should the patient or the
family be informed about the inevitable blindness?
Dr. P. A. Avraham
Central Institute of Ophthalmology,
Central Public Hospital, Tel Hashomer
Parents Gave Birth to a Blind Child 2 111