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Although, after the fact, the marriage is not considered a mistaken relatives who have a higher risk of giving birth to children
transaction, it is possible that lechatchila, one should tell him.) with Down’s Syndrome.
The physician, however, has to warn the wife and her family that B) Should the physician tell the relatives that they have a higher
they bring all the future children to be examined for congenital cat- probability of giving birth to a child with Down’s Syndrome?
aracts immediately, so the doctors can surgically remove them. If the
physician sees that the wife and her family are not reliable, then he is C) The parents of a child diagnosed with hemophilia refuse to
obligated to tell the father everything in order to save the eyesight of reveal to their relatives that they have a high chance of giving
the future children. birth to children with this disorder. What should the physician
do? His options are as follows:
1 AnsweR to Question 2 1. To honor the parents’ request, and not to speak to the rela-
tives.
If, after the fact, the husband will not want to divorce his wife, one 2. To tell the brothers about it, whether or not they ask for the
should evade telling him the truth. If there is no way to do so, it is per- information.
missible to change the truth in order to maintain peace. As explained
in Tractate Yevamos (65b), it is permissible for a person to alter the 3. To tell the brothers about it, only if they ask about it.
truth in order to keep the peace. Rav Nasan says: It is a mitzvah. D’vei Dr. Avraham Sternberg
Rav Yishmael learns: Great is peace, for even the Holy One, blessed be Bikur Cholim Hospital, Jerusalem
He, altered the truth for peace.
1 AnsweR to Question A
1 AnsweR to Question 3
The genetic counselor is dealing with two problems here. A) between
The girl should not conceal her blemish, as stated in Sefer Chassidim, man and his fellow- there is a possibility of deception and a mistaken
as above. transaction (mekach ta’us) B) Between man and G-d- the mitzvah of
procreation.
1 AnsweR to Question 4 Let us explain:
Regarding the problem of deception and a mistaken transaction:
One is obligated to reveal the blemish to potential spouses. Parents If a couple married and now discovered that one of them is a carrier
suffer a lot when they see their offspring groping in the dark and hav- of a genetic disorder who will bring mentally retarded children into
ing great difficulty in finding a spouse. A blind person is considered the world, it is likely that the healthy spouse would not have agreed
as dead, and there is a possibility here of a mekach ta’us (mistaken to the marriage, had he/she known this beforehand. Therefore, the
transaction). The physician is obligated to find a way to tell the poten- marriage is invalid based on the law of a mistaken transaction, and
tial spouse what is to be expected. If he remains silent, he is probably they are living together without proper kiddushin.
in violation of “Do not stand idly by the blood of your fellowman.” It seems to me that even if there is only a 50% chance that they will
The preferred way is to convince the patient to tell his prospective give birth to retarded children, there is still a possibility that it was a
spouse himself, and in this merit, Hashem will have mercy on him. mistaken transaction. It is likely that a person would refuse to take
64 1 Medical-HalacHic Responsa of Rav ZilbeRstein Hereditary Defects 2 69
