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says that he did not find a firm hymen but rather an open opening, Rava to travel to a place where people did not know his background
one asks how old she is, for perhaps she is already older, and most
older woman do not have a tight vaginal opening that one can feel,
for she has matured and her organs have softened and her hymen
has eroded… and I examined many books, including old ones, and I
found that the matter is as I described.”
According to this, since a bride can tell her husband, “I am mature
in years and that is why my virginity is gone and the site is wide open,”
perhaps there is no deception in restoring her virginity, since she does
not really need to do so. Therefore, perhaps the physician’s work was
not considered a deception.
However, I referred this matter to my father-in-law, Rav Y. S. El-
yashiv zt”l, who did not accept my analysis. He said she is obligated
by halacha to tell her groom the truth as it is, and especially since
our Sages determined that a woman does not make a covenant with
anyone except he who made her into a vessel, as explained in Tractate
Sanhedrin (22b). If she wants to distort the truth, it is forbidden for
the physician to help her in this. Her kesubah is also different.
1 SuMMaRy and Conclusion
It is forbidden for a physician to perform or assist in this procedure,
which deceives the husband.
100 1 Medical-HalacHic Responsa of Rav ZilbeRstein
#
in order to find a wife. How was it permissible for him to hide such
information? Does this not make the marriage into a mistaken trans-
action? The Kehillos Yaakov answers that one is allowed to conceal
any blemish not serious enough to warrant a divorce after marriage.
This would apply in our case as well. Being that it is a second mar-
riage and the woman is raising her husband’s children, it seems logical
that her husband would want her even if he knew about her medical
condition. Therefore, their marriage is not a mistaken transaction.
Although if she had sought our advice before her marriage we
would have told her to reveal her condition, now that she is already
married, their marriage is not considered a mistaken transaction and
is valid. This is especially true since he married her so that she would
raise his children.
Since the answer to the first question is that bedieved the physician 20818_efi-ab - 20818_park-C_efi-ab | 4 - B | 18-08-20 | 13:46:23 | SR:-- | Magenta #20818_efi-ab - 20818_park-C_efi-ab | 4 - B | 18-08-20 | 13:46:24 | SR:-
does not have to tell her husband anything, therefore, it seems to me
that the answer to the second question would be yes as well. Being
that she longs to have children, if she does not give birth, she will go
into a state of depression, which is also dangerous. Our Matriarch
Rachel said (Bereishis 30:1): “Bring me children or else I will die.” The
Ramban writes that “or else” means I will commit suicide out of an-
guish. Therefore, in such a situation, she is allowed to place herself in
a little danger in order to give birth. Since it is for her good to become
pregnant, it is also for the good of her husband. And being that it is
good for him, what is the purpose of telling him and causing him to
be angry at her? Let us be quiet and act, and pray to Hakadosh Baruch
to that He grant her healthy children without defects or blemishes.
Let us not forget that 70% of these children are born healthy. More-
over, this couple lives together in harmony, and she who keeps the
mitzvos will not be harmed.
The Ritva was asked (Responsa #43) to rule in the case of a woman
who swore to her sick husband while holding a holy object, that she
would not remarry after his death until her sons were grown up. Lat-
er, she could not tolerate being alone and wanted to remarry. As the
Risks of Procreation due to his Wife’s Medical Condition 2 97