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into the world. It is for their good, since through living in this Huntington’s Disease because “your life takes precedence.” This rule #
world they will merit life in the World to Come, as explained applies to all mitzvos between man and his fellow, such as returning
in Tractate Sotah (12a). It is up to us to fulfill the mitzvah, and a lost object, and providing testimony in beis din. If as a result of his
Hakadosh Baruch Hu will do what is best in His eyes. testimony the litigants will try to harm him, he is exempt from testi-
3. If the woman carries genes to give birth to shotim (mentally fying (as explained in Responsa Avkas Rochel, #195, the eighth claim).
retarded) children who are able to have children, the couple is
not obligated to divorce because if one gives birth to a shotah he 1 AnsweR to Question 5
has fulfilled the mitzvah of procreation.
It is certain that one is obligated to have children. There were Torah
4. If a man carries genes to have children with Down’s syndrome, scholars of Israel who lived twenty years (like the Baal Hama’or)
his wife is not obligated to separate from him because she is or they lived between thirty and forty years (like the Rama and the
exempt from procreation. Arizal), and they enlightened the entire world with their wisdom.
5. If the husband has already fulfilled his mitzvah of procreation Therefore, it is clear that they are obligated in the mitzvah of procre-
and seeks advice about whether to bring more children into the ation.
world if there is a high probability that there will be Down’s
syndrome, then if one of the pair will not be able to mentally 1 SuMMaRy and Conclusions 20818_efi-ab - 20818_park-C_efi-ab | 3 - A | 18-08-20 | 13:46:23 | SR:-- | Magenta #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
cope with the situation, they are not obligated to continue to
procreate. This is not more severe than the possibility of argu- 1. If the sons have reached marriageable age, one is obligated to tell
ments between his wife and son (as above, in Shulchan Aruch them about their situation. If they haven’t, one should not tell
#8). them.

In Sefer Shoftim (13:3) it says that the angel appeared to the wife 2. It is forbidden for the children to hide their illness from future
of Mano’ach and said to her, “Behold you are barren and have not spouses.
borne children, but you will conceive and have a son.” The Sages 3. The physician should persuade the sons to reveal their status. If
relate (Bamidbar Rabbah 10:5) that there was an argument between they refuse, the physician is obligated to do so.
Mano’ach and his wife. He told her: You are barren and that is why
you have borne no children. But she said to him: You are sterile and 4. The relatives are not obligated to be tested for the carrier state
that is why I have not given birth. And the angel came to make peace of Huntington’s chorea if the examination will cause mental
between them and to tell them that she is the barren one, as it says, anguish.
“Behold, you are barren….” This is why he spoke to her rather than 5. The sons are obligated to fulfill the mitzvah of procreation, in
to him. spite of their genetic disease.
It says in the Sefer Taama Dikra that this comes to teach us a great
lesson. If one wishes to make peace between two people who are ar-
guing, he should not come to the innocent one and tell him, “You are
in the right.” Had the angel come to Mano’ach, he would have only
have increased the argument between them. Mano’ach would have

74 1 Medical-HalacHic Responsa of Rav ZilbeRstein Revealing a Hereditary Disease 2 59