Page 8 - 20818_park-c_efi

20818_efi-ab - 20818_park-C_efi-ab | 1 - A | 18-08-20 | 13:46:23 | SR:-- | Cyan
20818_efi-ab - 20818_park-C_efi-ab | 1 - A | 18-08-20 | 13:46:23 | SR:-- | Black
#20818_efi-ab - 20818_park-C_efi-ab | 1 - A | 18-08-20 | 13:46:23 | SR:-- | Yellow
20818_efi-ab - 20818_park-C_efi-ab | 1 - A | 18-08-20 | 13:46:23 | SR:-- | Magenta
1
Is a Physician Allowed to tell his Relative about his patient’s tion applies to preventing a monetary loss of his friend as well. All the
disease? ..........................................................................................51 more so does it apply when, through his silence, the physician causes
an innocent woman to become an unfortunate widow.
75 QUESTIONS THAT ARISE REGARDING REVEALING A Nonetheless, we must reckon with the aforementioned reasons
HEREDITARY DISEASE .............................................................54 why it is forbidden for the physician to reveal the illness of his patient,
and explain why in spite of these reasons, the physician is allowed and
#
76 HEREDITARY VISION DEFECTS – HALACHIC perhaps obligated to reveal the illness.
CONSIDERATIONS .....................................................................60
Discharge Summary Contains Details which may Upset 1. Oath
Shalom Bayis ...............................................................................65
It would seem that the oath that the physician took not to reveal
the secret of the patient is not valid relating to telling the bride, be-
77 QUESTIONS ABOUT REVEALING HEREDITARY
DEFECTS .......................................................................................68 cause it is then considered an oath made to nullify a mitzvah. It says
in the Rama (Yoreh De’ah #239:7): “If someone swears not to reveal to
his friend a matter which can save him from a loss, this is considered
78 DIVORCE OR BROKEN ENGAGEMENT DUE TO an oath that nullifies a mitzvah and is not valid.”
EPILEPSY ........................................................................................78
However, we can reject this for a variety of reasons.
Telling a potential Bride that a Young Man had his Left Testi-
cle Removed or That His Father is not Jewish ........................ 85 Firstly, the precept that an oath is not valid if it nullifies a mitzvah
only applies if the physician is called to testify in beis din, because
Hiding One’s Age and Facial Appearance ................................87 then his oath is to violate a mitzvah clearly elucidated in the Torah:
Is it Permissible to Hide the Fact that There is a Child from a “If he does not utter it, then he shall bear his iniquity” (Vayikra 5:1).
Previous Marriage? ......................................................................91 But swearing not to reveal the groom’s illness to the bride is not a
Must One Reveal the Presence of a Scar to a Potential nullification of a mitzvah clearly stated in the Torah, but rather of an
Mate? ............................................................................................92 injunction of our Sages, who understood from the Torah that one is
obligated to warn his friend of a trap set up for him. For this sort of
mitzvah, the oath is valid, as explained in Atzei Levonah (Yoreh De’ah,
79 TELLING A HUSBAND ABOUT THE RISKS OF
PROCREATION DUE TO HIS WIFE’S MEDICAL there), in his explanation of the words of the Rama. Therefore, in our
CONDITION PRIOR TO THEIR MARRIAGE .......................94 case, the physician’s oath would be valid.
Is a Physician Allowed to Restore Virginity? ..........................99 Secondly, since the physician swore in a general way not to reveal
the young man’s illness, and his oath was not specific to the bride, it
is considered an “inclusive oath”, as explained in the Mishnah Berurah
80 SHOULD ONE REVEAL TO THE GROOM THAT HIS
WIFE HAS FALSE TEETH? ...................................................... 101 (#485:1), and would therefore be valid.
Lastly, at the time of the oath, the doctor was not obligated by
81 HALACHIC CONSIDERATIONS ABOUT PATIENTS the Torah to reveal the information to the bride, since he did not yet
WITH COLOSTOMIES .............................................................104 know the information. As a result, the oath is not considered as nul-

viii 1 Medical-HalacHic Responsa of Rav ZilbeRstein Revealing a groom's illness 2 11