Page 63 - 20818_park-c_efi
P. 63
20818_efi-ab - 20818_park-C_efi-ab | 2 - B | 18-08-20 | 13:46:23 | SR:-- | Cyan
20818_efi-ab - 20818_park-C_efi-ab | 2 - B | 18-08-20 | 13:46:23 | SR:-- | Black
#20818_efi-ab - 20818_park-C_efi-ab | 2 - B | 18-08-20 | 13:46:23 | SR:-- | Yellow
20818_efi-ab - 20818_park-C_efi-ab | 2 - B | 18-08-20 | 13:46:23 | SR:-- | Magenta
He who refrains from revealing the illness violates the prohibition of wise, there are people who believe it is worthwhile to live happily with
“Do not stand idly by the blood of your fellowman.” This is explained a woman of valor for fifteen years, even if Hashem will then take her
in Responsa Chelkas Yaakov (Vol. 3 #136 and in the reprinting Even from them. Therefore, there is no mistaken transaction in this case.
Ha’ezer #79) regarding cancer and in Responsa Tzitz Eliezer (Vol. 16 [In the Sefer Bederech Etz Chaim (Vol. 1, p. 57), it is related that
#4) regarding sterility. when Rav Isser Zalman Meltzer was a groom, he was stricken with
However, one does not have to reveal if someone has a certain tuberculosis, and his life was in danger. He went to the family of the
#
weakness, or he has to avoid eating certain foods. This is explained bride and informed them of his serious condition, giving them the op-
in the Chafetz Chaim (Hilchos Rechilus, end of Principle 9, #3, 4-6, tion of canceling the wedding. The bride asked a physician about the
and there, in Be’er Mayim Chaim #7). Likewise, in Responsa Mishnah chances of her groom’s recovery. The physician told her that he would
Halachos (Vol. 5 #254), it says that while a serious illness may not be live, at most, for another year. The young woman said: It is a special
hidden, there is no need to reveal if he needs to abstain from specific privilege to live with this Torah scholar of exceptional character. I
foods. Therefore, if one suffers from an ulcer he is defined as having a will not cancel the wedding. Moreover, with my devoted care he will,
“weakness” rather than a serious defect, since an ulcer can be treated G-d willing, live many more years. She traveled to the Chafetz Chaim,
and healed, even though in the meantime the patient is limited in the who told her, “If Heaven so decrees, you will grow old together with a
foods he can eat. man who is physically weak.” In our case as well, a happy marriage of
Responsa Shevet Halevi (Vol. 6 #205) deals with the case of a wom- fifteen years may bring the couple much satisfaction.]
an who lost all her hair and wears a wig. The physicians say that over Therefore, there is room to say that there is no mistaken transac-
the next three or four years, the hair will grow back as normal. He tion involved. This is not comparable to someone suffering from a
concludes that baldness over the whole head is considered a blemish, serious hereditary illness. Such a person’s sons are obligated to relay
even though she wears a wig and will continue to do so after the wed- the information to their potential spouses; since the illness is actively
ding. Therefore, one would have to study the matter intently in order present in their parents it is considered as though it is already present
to permit her to hide this flaw from her groom, and she should meet in their offspring. In our case, however, there is merely a possibility
with the groom and tell him about the issue before the completion of that inflammation of the optic nerve hints to the development of
the match. multiple sclerosis. There are many similar situations in other illness-
es. Who is to say that the other side does not have similar problems
1 AnsweR to Question 2 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
It seems that if a defect is serious enough to cause the woman to seek girl, whose chances of developing a serious disease are higher, does
a divorce after her marriage, the marriage can be considered a mis- not have to say anything.
taken transaction (mekach ta’us). However, if it is the type of defect, We presented the case to Professor P. Namet, Director of the De-
which she could, bedieved, accept once married, then it cannot cause partment of Ophthalmology at the Assaf Harofeh Hospital in Tel
the marriage to be labeled a mistaken transaction. Aviv, in order to obtain an additional medical opinion. His answer
Similarly, it is related in Tractate Yevamos (45a) that a Jewish man was as follows:
whose father was a gentile came to ask Rav Yehudah’s advice. How To the honorable Rav,
was he to find a mate, when Jewish girls refused to marry him due to In the case of initial manifestation of optic neuritis, recovery of
20 1 Medical-HalacHic Responsa of Rav ZilbeRstein Revealing a possibly dangerous illness 2 49

