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probably have affected his functioning by causing side effects such as reveal it, and even the physician need not reveal it to the patient.
tiredness and lack of focus. However, if a young girl is ill and has a 75% chance of developing
Since we are speaking about a mild case of epilepsy in a highly 3 multiple arteriosclerosis, one should tell her family. In her case, the
functional person, it is logical to assume that there is no hereditary possibility is bigger, and it is clear that her future spouse would mind.
factor here. Thus we can assume that the possibility of transmitting One cannot mislead him into a trap. If the family does not tell her
the disease to his offspring is a small one, most probably not more potential match, the physician is obligated to do so.
#
than a 5-10% chance.
In my opinion it would be best to get the parents’ support in re-
laying the information to their daughter so that the life of the couple
be based on mutual truth and trust. The husband, on his side, must
commit to consistent medical follow-up. Is a Physician Allowed to tell his Relative about
I would like to bring, as example, the case of a special young man his patient’s disease?
who unfortunately contracted multiple sclerosis, a disease of the ner-
vous system which deteriorates, with time, to paralysis. At present, 1 Question
his medical condition is quite good. He recently got married, and the What is the halacha when a match is proposed between the patient
girl and her family are fully aware and supportive of his condition. and a relative of the physician? Is he allowed to tell his relative about
Prof. Avinoam Shofar the danger of this illness?
Pediatric Neurology Specialist
Schneider’s Children’s Medical Center, Petach Tikvah 1 AnsweR
In light of Prof. Shofar’s words, we investigated the situation and It says in Sefer Chafetz Chaim (Hilchos Rechilus, Principle 9, #2): If a
learned the following: 1) The groom does indeed have epilepsy since person sees Reuven proposing a business-partnership with Shimon,
his youth. He does not have a brain tumor. 2) Most cases of epilepsy and the person knows that Shimon is not trustworthy, he is obligated
are mild and allow the patient to lead a normal life when he is un- to reveal this to Reuven, to save him from damages. On the other hand,
der consistent medical care. Only in 20% of patients is the epilepsy if Shimon is trustworthy, but he is in difficult financial straits, and
uncontrolled. 3) A person who is highly functioning does not have a had Reuven known this, he would not have pursued the partnership,
serious case of epilepsy. it is forbidden to reveal this to Reuven. Doing so would cause harm to
The Rambam (Hilchos Eidus 9:9) writes that an epileptic is dis- Shimon, and be a violation of the prohibition of slander (lashon hara),
qualified from testifying in beis din while having a seizure. When since we have no proof that Reuven would suffer damages as a result
healthy, he is qualified as a witness, on condition that he is of sound of this partnership. This is different than a partnership with someone
mind, since there are epileptics whose minds are confused even when who is not trustworthy and suspected of stealing, where we have solid
they are not having a seizure. The Rambam concludes that one has to proof that Reuven would suffer from the partnership. Since there is
carefully weigh the testimony of an epileptic. only a mere possibility here, we do not have to have more pity on Re-
Based on the Rambam’s assertion that serious epileptics can be uven than Shimon. After all, if the partnership is not slated to cause
confused even while not in the midst of a seizure, we can assume, Reuven any damage, we will have harmed Shimon for nothing.
82 1 Medical-HalacHic Responsa of Rav ZilbeRstein Revealing a possibly dangerous illness 2 51
