Tzitz Eliezer: Can A Doctor Tell A Chosson That His Kalla Cannot Have Children or Vice Versa?
A Doctor performed surgery on a 19 year old girl who had no reproductive organs whatsoever. The successful operation artificially built enough of her anatomy to enable her to have relations. The girl pleaded with the Doctor not to reveal to the boy about her condition and the boy didn't inquire. He asked Rav Eliezer Yehuda Waldenberg zt"l if he was required to proactively tell the boy the situation (Tzitz Eliezer 16:4).
There are three issues involved in telling the boy. 1. The question of Lashon Hara. 2. The girl's request not to disclose. 3. The oath of confidentiality that every Doctor makes about becoming a Doctor. The Tzitz Eliezer paskens that in this case all hurdles are cleared and the Doctor must tell the boy.
Lashon Hara - In a lengthy discussion he says that on the contrary, by not telling the boy the Doctor would be oveir the Lav of "Lo Sa'amod Al Dam Rei'acha"; do not stand on your brother's blood. This aveira applies even for financial loss and certainly in this case where the consequences to his future are very grave. He calls this "leading the ox to the slaughterhouse".
The Girl's request - Even if the Doctor assured the girl he would not divulge this information he must do so. Even if he swore it would not be effective because an oath to violate a Mitzva is not valid. Moreover this would only have been a promise so he is obligated to save the boy.
The Doctor's Professional Oath - Here lays the only hitch. Since he oath covers both permissible cases and cases where he would be oveir an aveira be keeping his oath, therefore Halachicly the oath is valid. However says the Tzitz Eliezer he still is obligated to be "Matir Neder" to nullify the oath in order to save the boy. (He does add that possibly he never made the oath intending cases like this and therefore is not bound in this case.)
His final Psak is that the Doctor is obligated to tell the boy and for good measure should do Hataras Nedarim before three people on his professional oath.
He does however advise, as a practical matter, that it is best to tell the girl know, as gently as possible, that he will inform the boy. This way she may agree to tell him personally and save herself tremendous embarrassment. This psak he says applies in the reverse situation as well.
Disclaimer: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. Please also understand that this Tshuva may not be the final word on this topic. One should consult a Rav before drawing any conclusions.
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