Page 71 - 20818_park-c_efi

20818_efi-ab - 20818_park-C_efi-ab | 3 - B | 18-08-20 | 13:46:23 | SR:-- | Cyan
20818_efi-ab - 20818_park-C_efi-ab | 3 - B | 18-08-20 | 13:46:23 | SR:-- | Black
#20818_efi-ab - 20818_park-C_efi-ab | 3 - B | 18-08-20 | 13:46:23 | SR:-- | Yellow
20818_efi-ab - 20818_park-C_efi-ab | 3 - B | 18-08-20 | 13:46:23 | SR:-- | Magenta
information to her. If the relatives will not marry, then one should not not violate a mitzvah between man and his fellow, which is the prohi-
tell them in order not to cause them unnecessary pain. bition of deception and a mistaken transaction (mekach ta’us). 2) So
that he does not violate a mitzvah between man and G-d. Since the
1 AnsweR to Question C marriage was a mistaken transaction and is, therefore, null and void,
he is living with his wife without proper kiddushin, and the blessings
The third question was about the parents of a child who has hemo- at the wedding ceremony were recited in vain . 1
#
philia who refuse to inform their relatives, who have a high chance of In our case, if the mother does not inform her son about his ill-
having children with hemophilia. ness, the son does not violate “Do not wrong your fellowman.” Since
This defect is easier than the ones discussed above since Hashem he did not know of the disease, and he innocently got married, he is
has revealed to medical science a medication which causes the blood not considered guilty of this violation. He will, however, violate the
to clot, so there is no longer danger to the patient’s life. Therefore, it is second prohibition, for, in the final analysis, he will be living with an
proper to ask the parents to reveal the information to their relatives as unmarried woman without a valid kiddushin. It is also possible that
an act of chesed, so they will know to be careful. Likewise, it would be the mother will violate “Do not wrong…,” because the Ibn Ezra writes
proper and wise to tell their potential spouses about it. If they do not (Vayikra 25:14) that the Torah says “Do not wrong” in the plural, to
do so, however, the marriage is probably not a mistaken transaction include the witnesses. It is possible that the agent and all those who
and there is probably no transgression of deception, as in the previous assisted in the deceit also violated “Do not wrong….” It thus follows
cases. that if the mother assisted the deception, she too, violated this Torah
The Chafetz Chaim (Hilchos Issurei Rechilus, Principle #9, #3) law, and she also violated “Do not stand idly by the blood of your fel-
writes: If someone sees that one is about to marry a man with severe lowman” (Vayikra 19:16). According to the Rambam (Hilchos Rotze’ach
deficiencies and the bride does not know about it, and if she knew, Ushemiras Hanefesh 1:14): “Whoever is able to save a life but does not
she would not marry him, then one is obligated to reveal it to her. do so violates ‘Do not stand idly by the blood of your fellowman.’ And
This is included in the Torah prohibition of “Do not stand idly by the if one sees one’s friend drowning in the ocean… or gentiles are plan-
blood of your fellowman.” It applies specifically to a serious physical ning to kill him, or someone is plotting against him or setting him up,
deficiency from an actual illness and not to a mere form of “weakness.” and he did not hearken to his need and notify… he transgresses ‘Do
The Sefer Chassidim (#507) says that a person should not hide a not stand idly by the blood of your fellowman.”
blemish when seeking a mate, lest their spouse later claim the mar- This does not apply if the sons have not yet reached marriageable
riage was a mistaken transaction and is null and void. The Mishnah age, in which case there is no prohibition of deception involved. Nor
Chassidim questions: If so, how is it that in Tractate Yevamos (45a) is there an issue of living together with a woman without proper
Rav Yehudah advises the son of a gentile father and Jewish mother kiddushin. There is an issue, though, of the possible danger to the
to travel abroad, where his origins are unknown, so that a Jewish girl son caused by hearing of his predicament. Therefore, we have to be
will agree to marry him? How was Rav Yehudah not concerned about concerned for his wellbeing rather than that of his yet-to-be bride.
a mistaken transaction? Therefore, the mother should certainly not reveal anything to her
The Kehillos Yaakov (Yevamos #44) responds that there are two
types of blemishes. One type of blemish would initially deter a person 1. As explained above, in section 73, regarding “Notifying a Person about His
from getting married, but not warrant seeking a divorce after mar- Severe Genetic Illness.”

76 1 Medical-HalacHic Responsa of Rav ZilbeRstein Revealing a Hereditary Disease 2 57