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1 SuMMaRy and Conclusions considered a forced divorce and null and void? … Because we only
say it is forced in a case where a person is pressured to do something
1. A woman with a colostomy is allowed to immerse in a mikveh, which he is not obligated by the Torah to do, such as if somebody
after removing the colostomy bag and cleansing herself well. If is hit until he agrees to sell or give. But if someone’s evil inclination
for any reason she has to put a bandage on the site, she should causes him to nullify a mitzvah or to commit a sin, and he is hit until
ask a Rav what to do. he does what he is obligated to do, this is not forced, but, rather, he
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2. A man with a colostomy is allowed to put on tefillin, to be forced himself through his evil thought. Therefore, even this person
called up to the Torah reading, and to pray regular prayers, on who does not want to divorce his wife, since he wants to be a Jew,
condition that he cleanse himself and the colostomy bag well he wants to fulfill all the mitzvos… and his evil inclination is what
beforehand and on condition that he does not feel excretion of overpowered him, and since he was hit until his evil inclination weak-
fecal material while he is praying. ened and he said “I want to do it”, he thus divorced her voluntarily.
We learn from this Rambam that every Jew truly wants to do all the
3. A man with a colostomy is not viewed as having a serious blem- mitzvos, only his evil inclination sometimes overpowers him. Since it
ish which would require that he be forced to divorce his wife. is a mitzvah to sustain a poor Jewish woman, we assume that he wants
If she claims “he disgusts me”, her claim is valid and she is not to do so.
viewed as a rebellious wife. The halachos that apply to her are ex-
plained in the Rambam (Hilchos Ishus 14:8) and in the Shulchan We can also learn from the Yaavetz that a Jewish girl or woman is
Aruch (Even Ha’ezer #77:2). allowed to use makeup and beautify herself for the purpose of mar-
riage, even though in truth she is ugly. It seems to me that the reason
is the same as above. It is a mitzvah to marry Jewish girls, even if they
are ugly. As the possuk says (Devarim 15:8), “Open your hand to him
and lend him sufficient for his need which is lacking to him.” Our
Sages interpreted (Kesubos 67b) the words “to him” as referring to a
wife. This also includes providing a husband for a Jewish girl. There-
fore, we say that the innermost desire of every Jew is to perform this
mitzvah, and we rule that a Jewish girl can dye her hair and beautify
herself, while a servant cannot.
We can also learn from the Yaavetz that it is permissible for a
woman to dye her hair to look younger if she is capable of having
children. From this we understand that this would not constitute a
mistaken transaction. A similar case is found in Responsa Chasam
Sofer (Vol. 6 #47). There was a young man who got engaged to a girl,
and they argued and fought… The Chasam Sofer received a letter tes-
tifying that the girl was in fact older than forty and past child-bearing
age. He affirmed the truth of the letter by examining her mother’s
grave and the date of her mother’s death, since it was known that
108 1 Medical-HalacHic Responsa of Rav ZilbeRstein Epilepsy 2 89
