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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 WHEN AND HOW TO
not knowing that she was a mamzeres) according to Rav Huna, the 82 REVEAL TO PARENTS THAT
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 THEY GAVE BIRTH TO A
something that is only prohibited Rabbinically, the sale is considered BLIND CHILD?
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 1 Questions PaRents Gave BiRth to a Blind Child
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 1. When should an ophthalmologist reveal to the parents the fact
as well have bought a piece of meat without blemish. Marriages are that their newborn baby is blind? We are referring to blindness
different. They are as difficult as the splitting of the Red Sea. When which was confirmed by electrophysiological testing showing
two people agree to marry, their joy is enormous. No one marries that he cannot see because of degeneration of the retina, in spite
just “anyone.” People choose a mate who finds favor in their eyes. of the normal external appearance of his 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 2. How should one reveal this fact to the parents? I should point
disqualify a marriage. Therefore, there is no issue of a mistaken trans- out that the parents have another blind girl and a retarded girl,
action here. and they put all their hopes in this child, whom they assume is
Regarding the issue of deception, it would seem that one need not able to see.
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 3. I would also like to clarify the halacha for degeneration of the
to travel abroad, where his origins are unknown, in order to find a retina that causes blindness. In general, people born with this
mate. He is not obligated to reveal his origins to the girl before his disease become blind in their teens or twenties, after a long pro-
marriage. The reason for this is because of a blemish is not enough cess of deterioration. How and when should the patient or the
to cause someone to back out of a deal once it was done, then one is family be informed about the inevitable blindness?
not obligated to reveal it. We can logically assess that once they have
formed an emotional bond, and divorce would be difficult, and who Dr. P. A. Avraham
knows if another match would come up, then bedieved they would Central Institute of Ophthalmology,
accept the blemish. Therefore, hiding this blemish before marriage is Central Public Hospital, Tel Hashomer

86 1 Medical-HalacHic Responsa of Rav ZilbeRstein Parents Gave Birth to a Blind Child 2 111

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