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lifying a mitzvah and would be considered valid. This is what I heard
from my revered father-in-law, Rav Y. S. Elyashiv zt”l.
Rav Elyashiv proved this from Tractate Yoma (84a) where it states
that despite swearing to the Roman matron that he would not reveal
her medication, Rav Yochanan went ahead and publicized it. How
could he have violated his oath, asks the Gemara. If this was an oath
#
made to nullify a mitzvah, my father-in-law asked, then what is the TABLE OF CONTENTS
Gemara’s question here? The oath is anyway invalid. My father-in-law
answered that since at the time that Rav Yochanan swore she had not
yet revealed the secret to him, Rav Yochanan was exempt at the time
of the oath from the mitzvah of revealing it to the public. Therefore, 69 SHOULD ONE REVEAL A BRIDE’S ILLNESS TO HER
the oath is not considered an oath made to nullify a mitzvah, and GROOM? ...........................................................................................3
the oath is valid. Thus the Gemara must question how Rav Yochanan
could have violated the oath. What should the Physician do if the Bride Refuses to Talk? ..7
So too in our case, if the physician swore to the patient before the 70 SHOULD A PHYSICIAN REVEAL A GROOM’S ILLNESS
latter revealed his secrets to him, there was no mitzvah at the time of TO HIS BRIDE IF HE SWORE NOT TO DO SO? ....................9
the oath for the physician to reveal anything. Therefore, the oath is It is forbidden to request medical information from the phy-
valid. sician if one knows he will transmit the information without
Due to these three reasons, the oath is indeed considered valid, annulling his oath ........................................................................15
and the physician is obligated to annul his oath in order to fulfill the
mitzvah. The Rama rules that it is possible to annul an oath in order 71 A GROOM WHO DID NOT TELL HIS BRIDE THAT HE
to enable oneself to perform a mitzvah, and even if the oath was made SUFFERS FROM MENTAL ILLNESS .......................................18
as part of a pact or condition with his friend (as explained in Yoreh He Did Not Tell His Bride That He Takes Psychiatric Drugs
De’ah #228:20). However, some poskim rule that if vows to one’s friend or Medications ............................................................................24
in exchange for a favor, the annulment of the vow is not valid. Accord-
ing to this view, if the physician was paid for his treatment, it is as if 72 SHOULD ONE TELL A GROOM ABOUT AN ATTEMPTED
he accepted a favor from the patient and it is impossible to annul his SUICIDE BY THE BRIDE IN HER YOUTH ............................27
oath without the patient’s consent (as explained by the Taz, there, Is One Obligated to Reveal a One-Time Transgression? ........33
s.k.:30, and by the Shach, there s.k.:40).
73 SHOULD ONE TELL A PATIENT THAT HE IS STERILE? 37
2. Stealing Telling Someone about a Serious Genetic Disease of Which
In my humble opinion, there is no reason to suspect that revealing He is a Carrier ............................................................................. 41
the illness would be considered stealing from the patient. A patient’s
primary concern is finding the cure for his illness, and he would not 74 MUST ONE REVEAL AN ILLNESS WHICH IS LIKELY TO
refrain from seeking out the physician, even if he knew that the phy- BECOME DANGEROUS IN THE FUTURE? ...........................45

12 1 Medical-HalacHic Responsa of Rav ZilbeRstein Table of Contents 2 vii