Section: Halacha   Category: Tshuvos
Bais Ovi - Compulsory AIDS Testing Prior To Marriage?
In1988, Rav Yitzchok Isaac Liebes was asked by Rav Avrohom Dovid Hecht,the Rov of Kehilas Shaarei Tzion and the president of the IgudHaRabbonim of America, if they should institute a takana that in orderfor a couple to get married they each must bring a letter from a Doctorcertifying that they are not HIV positive?

Rav Liebes in BaisOvi (4:98) paskened that the Kehila has the right to make such a takanain light of Halacha.  With regard to protecting from danger, he saysthat we know "Chamira Sakanta MeiIsura", Chazal were more cautiousunder the threat of danger than under the threat of issur.  For examplesays Rav Liebes, while issur is diluted by 60 (Shishim), sakana is not,according to many poskim.  Moreover the chachomim did not forbid thingsthat may lead to issur if it were far fetched, however when it comes tosakana, the chachomim are gozer and make decrees even if it is a "MilsaD'Lo Shechicha" and the odds are quite long.  Thirdly, when it comes tocertain safeikos we are lenient, but by safek Sakana we are not,especially since it is considered a safek D'Oiraisa of guarding one'slife.

He says that based on a psak from the Chacham Tzvi, youneed only three rabbonim to make this sort of takana.  It may even bemade the leaders of the community (Tuvei Ha'Ir).  Even if this takanawere to cause people to delay marriage and thus their mitzva of PruU'Rivu, even so a takana to protect the well being of the communityshould be instituted.

He gives a bracha to those who take thisupon themselves, "Lachen Yiyasher Chelei L'Oiraisa SheOmeid AlHaMishmar L'Hagein Al Acheinu Bais Yisroel B'Chomer U'B'Ruach!"

Important Note: We try to convey the Tshuva to the best of ourability. We admit that our understanding may not be accurate. Pleasealso understand that this Tshuva may not be the final word on thistopic. One should consult a Rav before drawing any conclusions.

Thisarticle has not been reviewed by the posek of the AskRevach section,Rav Peretz Moncharsh. Any questions regarding this topic and HalachaL’Maaseh may be asked to him at