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for her kesubah. If she had epilepsy before their marriage and she 2. Since the chances of serious damage, even among women, is
told him about it and he agreed to marry her, he is also obligated between 25%-30%, perhaps one does not have to reveal this to
to pay for her kesubah. He can also, in this case, divorce her without the family in order to prevent damage to the future spouse of
her consent, because there is danger involved, as stated by Responsa the patient.
Rosh. (But if she had epilepsy before the marriage and hid it from 3. The physician should not warn the potential spouse of the
her husband, she has no kesubah, for the marriage was in error. Had patient of the possibility of danger. If the potential spouse is a
the husband known about her sickness he would not have written a relative of the physician, the matter requires further study.
kesubah for her.)
The Imrei Yosher (Vol. 2 #161) writes that, as the Chasam Sofer ex- The Shiltei Gibborim makes the following novel statement: “Even if
plains (Even Ha’ezer, Vol. 1, #116), nowadays physicians believe there is the physicians say that if someone’s passions are aroused and unmet,
no danger in living a married life with an epileptic wife. Nonetheless, he is going to die- one does not completely rely on them, for many
it has become customary, when a woman has epilepsy, to permit her people whom the physicians say will die make a complete recovery.”
husband to force her to accept a divorce, or to marry another woman. (Sanhedrin 18b, of the pages of the Rif #5)
Even according to the Noda B’yehudah (second edition, Even Ha’ezer Therefore, one should not rush to inform people of the physician’s
#104), who does not permit divorce without the woman’s consent predictions in a definitive way. The mercies of Hashem, may He be
in the case of epilepsy, it would still seem that we could permit him blessed, are plentiful, and He hears and accepts prayers, and the pa-
to marry another woman using the allowance of one hundred Rab- tient’s cure may be imminent.
banim.
If the bride finds out before the marriage that her future husband
has one of these blemishes, she can nullify the match and is exempt
without a fine, as explained by the Beis Shmuel (#39:11). If it is accept-
ed in the world that people object to a certain blemish, it is forbidden
to hide it, as explained in Chavas Ya’ir (Bacharach, #220). If he was
healed and his blemish is no more, it is not considered deception if
he hides it, as explained in the Shulchan Aruch (ibid, #6). There is a
difference between a man and a woman here, because a woman loses
favor in her husband’s eyes if he learns that she once had a blemish.
On the other hand, if a man was completely healed, his wife is gener-
ally unbothered by his past.
The Chasam Sofer goes on to explain that while years ago, epilepsy
was a contagious disease, nowadays, physicians no longer view it as
contagious. Therefore, the Chasam Sofer did not want to rule deci-
sively whether or not it is permissible to force an epileptic to divorce.
In any event, it is clear to the Chasam Sofer that someone who did
not reveal his defect earlier transgressed the prohibition of deception.

80 1 Medical-HalacHic Responsa of Rav ZilbeRstein Revealing a possibly dangerous illness 2 53

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