Page 72 - 20818_park-c_efi

20818_efi-ab - 20818_park-C_efi-ab | 3 - A | 18-08-20 | 13:46:23 | SR:-- | Cyan
20818_efi-ab - 20818_park-C_efi-ab | 3 - A | 18-08-20 | 13:46:23 | SR:-- | Black
#20818_efi-ab - 20818_park-C_efi-ab | 3 - A | 18-08-20 | 13:46:23 | SR:-- | Yellow
20818_efi-ab - 20818_park-C_efi-ab | 3 - A | 18-08-20 | 13:46:23 | SR:-- | Magenta
son; she can do so when the time comes. Even the physician, who
may not find the groom years later when the time comes for him to
know, is not obligated, at present, to worry about someone who is
not presently before him. He cannot cause harm to the young boy by
informing him now.
There is still room to question the obligation of informing those
#
children who are of marriageable age. One can argue: Why should we
only concern ourselves with the wellbeing of the potential spouse and
the prohibition of marital relations without a proper kiddushin? Why
are we not concerned for the sons, who may become emotionally dis-
traught when they are told about their condition?
One can answer that if there is a possibility of pikuach nefesh (as
in the case of the nurse who discovered that she has no ovaries since
birth. She went into shock when she realized she could not bear chil-
dren and tried to kill herself ), it is preferable to “sit and do nothing.”
2
This is not the situation in our case, however where the chances that
it will evolve into pikuach nefesh are quite remote. Therefore, the pro-
hibition of “Do not stand idly by the blood of your fellowman” is still
relevant, and one must consider the bride, lest she be deceived and
made miserable .
3
1 AnsweR to Questions 2 and 3
Certainly, the sons are obligated to tell their prospective wives about
the nature of the illness. If they do not reveal it, the physician is obli-
gated to do so, so that they not violate “Do not stand idly by….” The
physician should try to convince the sons that they should reveal their
problem, and in this merit Heaven will have mercy on them.
1 AnsweR to Question 4
The relatives are not obligated to be tested for the carrier state of
2. See above, section 73, for details of the case.
3. See our explanation above, section 69, Comment 4.
58 1 Medical-HalacHic Responsa of Rav ZilbeRstein
said to his wife, “See, even the angel says that I am correct.” Instead,
one should seek out the guilty party, and explain to him that he is
wrong. He will then admit that the other party is correct and peace 3
will be restored.
From here we learn that in our case, the physician should delicately
and compassionately tell the carrier that he is the one who carries
the gene, and will ask him to reveal this to his healthy spouse. Only
if there is a possibility that the carrier will hide the information from
his spouse should the physician himself tell her. If the physician un-
derstands that the couple does not want to know which of them is the
carrier of the disease, he should not tell them, on condition that the
husband has already fulfilled his obligation of procreation.
1 AnsweR to Question B
Regarding the second question, should the physician reveal the infor-
mation to relatives who have a high chance of siring Down’s syndrome
children?
It is stated in the Shulchan Aruch (Even Ha’ezer #2:7): A man
should not marry a woman from a family of lepers nor from a family
with epilepsy. This applies when the family has a presumption of hav-
ing more such children, such as if there are already three cases of this
disease in the family, but not based on a single case. If so, in our case,
where only one patient was diagnosed with the disease, one cannot
assume that his brothers suffer from the same disease.
However, if genetic knowledge ascertains that the illness is ab-
solutely hereditary, and it is logical to assume that his brothers also
suffer from the disease, one should tell them so that they can cal-
culate their own best course of action. In spite of the fact that it is
only a single case, the words of the Shulchan Aruch (above) were said
without qualification. Therefore, the physician should convince the
patient to agree to reveal the information to the relatives. If the carrier
is about to marry a woman, he is obligated to reveal his situation to
her. If he does not do so, the physician is then obligated to relay the
Hereditary Defects 2 75