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she wanted to see what was in front of her, she had to force them the marriage. Essentially they are not considered married since the 3
open. He came to ask if he could break off the engagement. He left marriage was a mistaken transaction. Therefore, their case resembles
beis din with a ruling that he is certainly free to break it off, with no that of the man on the verge of entering a potentially harmful part-
strings attached. Although we do not find this blemish mentioned by nership, and they must be forewarned.
Kohanim, because this is not included in the blemish “small eyes like If we know that the couple will not separate, we are still obligated
a goose,” nonetheless, people view this as a large blemish and highly to reveal it to the healthy partner so that he/she can express consent
unusual. (Even Ha’ezer, #39 Pischei Teshuva, 102) of the marriage in spite of the illness. Thus the marriage will be up-
Now we come back to our question: held as valid.
It is clear that the woman did an injustice by not revealing her We learn in Tractate Kesubos (75b): A person cannot make a claim
condition to her husband. However, being that they are already mar- of mekach ta’us based on hidden blemishes if there is a bathhouse
ried, much deliberation is required in order to decide whether or not in the city, because a person checks with his relatives before he gets
the physician is permitted to reveal the truth to her husband. Even married. The Rambam (Hilchos Ishus 25:2) also rules: If there is a
before the marriage, there is place to deliberate whether the physician bathhouse in the city and he had relatives, he cannot say “I did not
would be obligated to tell the groom about the hereditary congenital know about these blemishes”, even hidden blemishes, because he
cataracts of his bride. checks with his relatives and it is presumed that he heard about the
The Chafetz Chaim (Hilchos Issurei Rechilus, Principle 9, # 3) wrote: blemishes and was willing to accept them.
If someone sees that a couple is about to be married, and the groom This alludes to the fact that if he did not check her out, he caused
has serious deficiencies of which the bride is unaware, and if she knew himself a loss and revealed that he is accepting of the blemishes.
she would not marry him, then one is obligated to tell her. This is In view of this, one can say that nowadays, when it is possible to
included in the Torah precept “Do not stand idly by the blood of your check before the wedding if the potential spouse is a carrier of genetic
fellowman” (Vayikra 19:16). diseases, if someone did not check this out, it is his loss, and he can-
However, this only applies when several conditions are met, such not claim the marriage was a mistaken transaction. Similarly, it says
as that the defect is a serious physical blemish rather some form of in the Chafetz Chaim (Hilchos Rechilus 9, #3): If the groom is deficient
“weakness” etc. The Chafetz Chaim does not define a “serious defect in his knowledge of Torah, it is forbidden to reveal this to his bride,
or deficiency.” for she herself is at fault for not asking Torah scholars to ascertain his
In Sefer Chassidim (#507) it says: “A person should not cover up a Torah knowledge.
blemish in his family… if potential spouses would not marry him if However, if the accepted custom is not to check whether the poten-
they knew of it. He should inform them of the blemish, lest they later tial spouse is a carrier of genetic diseases, and it is also unpleasant to
claim that the transaction was mistaken.” If so, the Mishnas Chassi- request that he/she undergo medical testing, this may be halachically
dim asks, how do we explain the case (Yevamos 45a) of the man who similar to a city without a bathhouse, where one can claim mekach
had a gentile father, whom Rav Yehudah advised to travel abroad and ta’us because of the blemishes. (Nowadays, when we have organi-
seek a wife in a place where his origins were unknown. How did Rav zations that arrange for genetic testing for those diseases commonly
Yehudah not worry about a mistaken kiddushin? looked into before an engagement, this is halachically like there is a
One can answer according to the words of the Kehillos Yaakov bathhouse in the city.)
(Yevamos #44). He writes that there are some blemishes that peo- The Ohr Gadol (#5) speaks about a woman who was lonesome,

62 1 Medical-HalacHic Responsa of Rav ZilbeRstein Hereditary Defects 2 71