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He who refrains from revealing the illness violates the prohibition of
“Do not stand idly by the blood of your fellowman.” This is explained
in Responsa Chelkas Yaakov (Vol. 3 #136 and in the reprinting Even
Ha’ezer #79) regarding cancer and in Responsa Tzitz Eliezer (Vol. 16
#4) regarding sterility.
However, one does not have to reveal if someone has a certain
#
weakness, or he has to avoid eating certain foods. This is explained
in the Chafetz Chaim (Hilchos Rechilus, end of Principle 9, #3, 4-6,
and there, in Be’er Mayim Chaim #7). Likewise, in Responsa Mishnah
Halachos (Vol. 5 #254), it says that while a serious illness may not be
hidden, there is no need to reveal if he needs to abstain from specific
foods. Therefore, if one suffers from an ulcer he is defined as having a
“weakness” rather than a serious defect, since an ulcer can be treated
and healed, even though in the meantime the patient is limited in the
foods he can eat.
Responsa Shevet Halevi (Vol. 6 #205) deals with the case of a wom-
an who lost all her hair and wears a wig. The physicians say that over
the next three or four years, the hair will grow back as normal. He
concludes that baldness over the whole head is considered a blemish,
even though she wears a wig and will continue to do so after the wed-
ding. Therefore, one would have to study the matter intently in order
to permit her to hide this flaw from her groom, and she should meet
with the groom and tell him about the issue before the completion of
the match.
1 AnsweR to Question 2
It seems that if a defect is serious enough to cause the woman to seek
a divorce after her marriage, the marriage can be considered a mis-
taken transaction (mekach ta’us). However, if it is the type of defect,
which she could, bedieved, accept once married, then it cannot cause
the marriage to be labeled a mistaken transaction.
Similarly, it is related in Tractate Yevamos (45a) that a Jewish man
whose father was a gentile came to ask Rav Yehudah’s advice. How
was he to find a mate, when Jewish girls refused to marry him due to
20 1 Medical-HalacHic Responsa of Rav ZilbeRstein
wise, there are people who believe it is worthwhile to live happily with
a woman of valor for fifteen years, even if Hashem will then take her
from them. Therefore, there is no mistaken transaction in this case.
[In the Sefer Bederech Etz Chaim (Vol. 1, p. 57), it is related that
when Rav Isser Zalman Meltzer was a groom, he was stricken with
tuberculosis, and his life was in danger. He went to the family of the
bride and informed them of his serious condition, giving them the op-
tion of canceling the wedding. The bride asked a physician about the
chances of her groom’s recovery. The physician told her that he would
live, at most, for another year. The young woman said: It is a special
privilege to live with this Torah scholar of exceptional character. I
will not cancel the wedding. Moreover, with my devoted care he will,
G-d willing, live many more years. She traveled to the Chafetz Chaim,
who told her, “If Heaven so decrees, you will grow old together with a
man who is physically weak.” In our case as well, a happy marriage of
fifteen years may bring the couple much satisfaction.]
Therefore, there is room to say that there is no mistaken transac-
tion involved. This is not comparable to someone suffering from a
serious hereditary illness. Such a person’s sons are obligated to relay
the information to their potential spouses; since the illness is actively
present in their parents it is considered as though it is already present
in their offspring. In our case, however, there is merely a possibility
that inflammation of the optic nerve hints to the development of
multiple sclerosis. There are many similar situations in other illness-
es. Who is to say that the other side does not have similar problems
that may manifest after 15 years? In view of this, it seems that not only
is the young man not obligated to reveal his illness, but even a young
girl, whose chances of developing a serious disease are higher, does
not have to say anything.
We presented the case to Professor P. Namet, Director of the De-
partment of Ophthalmology at the Assaf Harofeh Hospital in Tel
Aviv, in order to obtain an additional medical opinion. His answer
was as follows:
To the honorable Rav,
In the case of initial manifestation of optic neuritis, recovery of
Revealing a possibly dangerous illness 2 49