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==General==
==General==
# The mitzvah is to endeavor to have children according to his ability.<ref>The language of the Gemara Shabbat 31a in heaven a person will be asked whether he "involved" himself in Pru Urevu and not whether he actually fulfilled the mitzvah. Rav Moshe Feinstein (Igrot Moshe EH 2:18) writes that the actual mitzvah for men is to have relations with his wife in order to have children. However, when his wife actually gives birth to children, that isn't this mitzvah but an exemption of the mitzvah. The Minchat Chinuch (no. 1, s.v. VeIm Adam), however, assumes that having the children is the actual fulfillment of the mitzvah. Rav Soloveitchik quoted by Rav Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/768367/Rabbi_Hershel_Schachter/Shiur_#47_-_Yevamos_-_מי_שחציו_עבד_וחציו_בן_חורין,_עשה_דוחה_לא_תעשה shiur (Yevamot 47, min 54-9) on yutorah.org] had a compromise opinion in which a person fulfills the action of the mitzvah (maaseh ha'mitzvah) with relations and fulfills the completion of the mitzvah (kiyum ha'mitzvah) when his wife actually gives birth to children.</ref>
# The mitzvah is to endeavor to have children according to one's ability.<ref>The Gemara Shabbat 31a states that in Heaven a person will be asked whether or not he "involved" himself in Pru Urevu, and not whether he actually fulfilled the mitzvah. Rav Moshe Feinstein (Igrot Moshe EH 2:18) writes that the actual mitzvah is for a man to have relations with his wife in order to have children. When his wife actually gives birth, that isn't a fulfillment of Pru Urevu, but rather an exemption from the mitzvah to have relations in order to have kids. The Minchat Chinuch (no. 1, s.v. VeIm Adam) assumes that having the children is the actual fulfillment of the mitzvah. Rav Soloveitchik quoted by Rav Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/768367/Rabbi_Hershel_Schachter/Shiur_#47_-_Yevamos_-_מי_שחציו_עבד_וחציו_בן_חורין,_עשה_דוחה_לא_תעשה shiur (Yevamot 47, min 54-9) on yutorah.org] had a compromise opinion, in which a person fulfills the action of the mitzvah (maaseh ha'mitzvah) with relations and fulfills the completion of the mitzvah (kiyum ha'mitzvah) when his wife actually gives birth to children.</ref>
# Technically, only men are obligated in this mitzvah.<ref>Yevamot 65b, Sefer HaChinuch (no. 1),  Rambam (Ishut 15:2), Shulchan Aruch EH 1:1. The Mishna (Yevamot 65b) states that women are exempt from this mitzvah because the end of the pasuk states that people should conquer the world and that isn't the tendency of women. Meshech Chachma (Beresheet 9:7) suggests that the reason the Torah exempted women is because having children is dangerous and the Torah wouldn't obligate them to put themselves in danger.</ref> Nonetheless, women who do have children do fulfill a mitzvah in aiding her husband to have children.<ref>Ran (Kiddushin 16b)</ref> Additionally, some say that women are obligated to have children in order to ensure that the world is populated.<ref>Tosfot Bava Batra 13a s.v. Sheneemar implies that women are obligated in the mitzvah of "לא תהו בראה לשבת יצרה". Levush YD 249:15 codifies this. See this [http://98.131.138.124/articles/tora/subject1.asp article by the Schlesinger Institute] for more sources.</ref>
# Only men are obligated in this mitzvah.<ref>Yevamot 65b, Sefer HaChinuch (no. 1),  Rambam (Ishut 15:2), Shulchan Aruch EH 1:1. The Mishna (Yevamot 65b) states that women are exempt from this mitzvah because the end of the pasuk states that people should conquer the world and that isn't the tendency of women. Meshech Chachma (Beresheet 9:7) suggests that the reason the Torah exempted women is because having children is dangerous and the Torah wouldn't obligate them to put themselves in danger, as the "ways of the Torah are pleasant, and all of its paths are peaceful" (Mishlei 3:17).  Alternatively, Meshech Chochma posits that since women naturally want to have children, there's no need for a Mitzvah to command them, as it'd be superfluous to command them in something which they naturally desire. </ref> Nonetheless, a woman who does have children fulfills a mitzvah by aiding her husband in fulfilling his mitzvah of having children.<ref>Ran (Kiddushin 16b)</ref> Additionally, some say that women are obligated to have children in order to ensure that the world is populated (this is referred to as the Mitzvah of ''Shevet'').<ref>Tosfot Bava Batra 13a s.v. Sheneemar implies that women are obligated in the mitzvah of "לא תהו בראה לשבת יצרה". Levush YD 249:15 codifies this. See this [http://98.131.138.124/articles/tora/subject1.asp article by the Schlesinger Institute] for more sources.</ref>
# A person fulfills his obligation once he has two children, one son and one daughter.<ref>Yevamot 61b, Rambam (Ishut 15:4), Shulchan Aruch EH 1:5</ref>  
# A person fulfills his obligation once he has two children, one son and one daughter.<ref>Yevamot 61b, Rambam (Ishut 15:4), Shulchan Aruch EH 1:5</ref>  
# Continuing to have more children is also an important mitzvah.<ref>Rabbi Yehoshua in Yevamot 62b states that if one had children when he is younger he should continue to try to have children when he is older because one never knows the outcome of his children. The Rambam (Ishut 15:16) writes that even though already fulfilled his mitzvah of having children, he has a derabbanan mitzvah to have more children and if he does it is as though he built an entire world. [http://www.yeshiva.org.il/midrash/7845 Rabbi Melamed] adds that there is a mitzvah of VeHalachta Bedrachav to have more children. Tosfot Bava Batra 60b s.v. din writes that if everyone would only have one son and one daughter, the Jewish nation would cease to exist. </ref> Nonetheless, it is important to take into account other values and concerns.<ref>[http://www.yeshiva.org.il/midrash/7845 Rabbi Melamed] explains that it is important to weigh one's decision carefully. For example, he says, if a person knows that if he has more than eight children they will have a lot of stress, frustration, and difficulty, then it is likely advisable not to continue to fulfill this mitzvah if it will cause one to sin and negatively impact the [[Chinuch]] of the children.</ref>
# Even once one has fulfilled his obligation, there is a Mitzvah to continue to have children.<ref>Rabbi Yehoshua (Yevamot 62b) states that if one had children when he is younger, he should continue to try to have children when he is older, because one never knows the outcome of his children.  The Gemara says that this is rooted in the passuk of "sow your seed in the morning, and don't hold back your hand in the evening, since you don't know which one is going to succeed" (Kohelet 11:6). The Rambam (Ishut 15:16) writes that even though one has already fulfilled his mitzvah of having children, he has a mitzvah m'derabanan to have more children, and if he does so, then it's as if he built an entire world. [http://www.yeshiva.org.il/midrash/7845 Rabbi Melamed] adds that there is a mitzvah of VeHalachta Bedrachav to have more children. Tosfot Bava Batra 60b s.v. din writes that if everyone would only have one son and one daughter, the Jewish nation would cease to exist. </ref> Nonetheless, it is important to take into account other values and concerns.<ref>[http://www.yeshiva.org.il/midrash/7845 Rabbi Melamed] explains that it is important to weigh one's decision carefully. For example, he says, if a person knows that if he has more than eight children they will have a lot of stress, frustration, and difficulty, then it is likely advisable not to continue to fulfill this mitzvah, as it will negatively impact the [[Chinuch]] of the other children. For more on this subject, reference shiurim by Rabbi Mordechai Willig https://www.torahweb.org/audio/rwil_032209_video.html, and Rabbi Herschel Schachter http://torahweb.org/audio/rsch_032209_video.html .  </ref>


==Pregnancy==
==Pregnancy==
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==Mitzvah of Onah==
==Mitzvah of Onah==
# There is a mitzvah of oneh (Heb. עונה; lit. time) for a husband to fulfill his wife's needs in terms of tashmish. There are certain guidelines of how often he is obligated to attend to those needs.<ref>Ketubot 47b, Rambam Ishut 12:2, Shulchan Aruch E.H. 69:2</ref> Beyond that, anytime when she is interested he is obligated to gladden his wife.<ref>Gemara Pesachim 72b introduces that beyond the mitzvah of oneh there is a mitzvah to gladden his wife. Rashi s.v. lismoch who explains that this mitzvah applies when his wife is interested. Nishmat Adam (Shabbat 147:1) codifies this mitzvah in another context. Birkat Eliyahu (on Gra last volume Kuntres Toeh Bdvar Mitzvah p. 7) wonders why the poskim didn't codify this mitzvah. See Mesivta Pesachim 72b cites the Rivan who thinks that this is only rabbinic, while the Raavad (Shaar Hakedusha s.v. vhashlishit) thinks it is biblical. Rav Chaim Ozer in Achiezer 3:83 that dispute.</ref>
# There is a mitzvah of oneh (Heb. עונה; lit. time) for a husband to fulfill his wife's needs in terms of tashmish. There are certain guidelines of how often he is obligated to attend to those needs.<ref>Ketubot 47b, Rambam Ishut 12:2, Shulchan Aruch E.H. 69:2</ref> Beyond that, anytime when she is interested, he is obligated to gladden his wife.<ref>Gemara Pesachim 72b introduces that beyond the mitzvah of oneh, there is a mitzvah to gladden his wife. Rashi s.v. lismoch who explains that this mitzvah applies when his wife is interested. Nishmat Adam (Shabbat 147:1) codifies this mitzvah in another context. Birkat Eliyahu (on Gra last volume Kuntres Toeh Bdvar Mitzvah p. 7) wonders why the poskim didn't codify this mitzvah. See Mesivta Pesachim 72b which cites the Rivan who thinks that this is only rabbinic, while the Raavad (Shaar Hakedusha s.v. vhashlishit) thinks that it's Biblical. Rav Chaim Ozer in Achiezer 3:83 cites this dispute.</ref>
==Intrauterine Insemination (IUI) and In Vitro Fertilization (IVF)==
===For a Couple===
#Most poskim hold that it's permitted for a couple to use IUI or IVF,<ref>*Is it permitted? Bitul Zera (wasting seed): [https://www.hebrewbooks.org/pdfpager.aspx?req=963&st=&pgnum=150 Yaskil Avdi EH 5:10:1:4] writes that it is forbidden to do IUI or IVF because of bitul zera. Even if the child is considered their child and you fulfill pru urevu, it is still forbidden. He thinks that bitul zera is not related to her becoming pregnant. It is only permitted to emit zera in the act of tashmish with his wife in the place where Hashem allowed it.
*Minchat Yitzchak 1:50 is willing to rely on Maharsham who holds that something isn't bitul zera if through the process they can have a child and fulfill pru urevu. A proof for this is Tosfot Sanhedrin 59b s.v. v'ha, who compares the halachic parameters of pru urevu and hashchatat zera.
*Har Tzvi EH 4 writes that a person fulfills pru urevu with artificial insemination based on the following argument.  According to the Bet Shmuel (Even HaEzer 1:10), even if a man's zera caused his wife to become pregnant through a bath (nitaber b'ambati) he fulfills his mitzvah. Even according to the Taz (Even HaEzer 1:8), who disagrees with the Bet Shmuel and thinks that one doesn't fulfill his mitzvah when his wife becomes pregnant in a bathhouse, would agree that one fulfills the mitzvah with IVF, as the man intends to do procreate in this case, as opposed to the case of the bathtub. Additionally, if the doctor is Jewish, then he could serve as the husband's agent (''shaliach adam kmoto''). Also, it isn't prohibited because of bitul zera since the goal is to procreate and not to simply waste seed.
*Igrot Moshe EH 1:71 and 2:18 writes that it is permitted to do IUI or IVF for a couple that can’t have children naturally. It isn’t considered bitul zera levatala since there is a purpose in emitting zera (similar to Maharsham). Minchat Shlomo 2:124:2 agrees. However, Rav Moshe writes that they should have zera come out into a condom or into a cup during tashmish. If his wife is a niddah or he's single, he should have zera come out by following the suggestions of Chazal in Yevamot 76a.</ref> the child is considered their child,<ref>Igrot Moshe EH 1:10 rules like the Bet Shmuel (Even HaEzer 1:10).</ref> and the father fulfills Pru Urevu.<ref>The Chelkat Mechokek (Even HaEzer 1:8) ponders whether the child born from a man whose zera came out into a bath and impregnated his wife (nitabra b'ambati) is considered the man's child, and if the man fulfills pru urevu.  Rabbenu Peretz (cited by Bach Yoreh Deah 195:5) writes that if a woman who is a Niddah slept on sheets with her husband's zera and became pregnant from that zera, that the child would be kosher, and would not be considered a ben haniddah, since there was no prohibited act of intimacy (maaseh biah) that was performed. However, a woman should be careful not to sleep on the sheets that contain another man's zera, because it could lead a brother to marry a sister unknowingly (reference Yevamot 37b).  R' Peretz implies that if a child is born without a maaseh biah, then he's considered the man's son, just that he isn't considered a ben haniddah. His proof is from Ben Sira who was a child of Yirmiyahu's zera that impregnated his wife while she was in the bath. Bet Shmuel 1:10 adopts this position. Tashbetz 3:263 is also of this opinion. </ref> However, many poskim only allowed it after ten years of being married.<ref>Maharsham 3:268, Minchat Yitzchak 1:50, Yabia Omer EH 2:1:10</ref>
##Some poskim hold that if a person uses IVF, then he doesn't fulfill pru urevu, but does fulfill the rabbinic mitzvah of ''shevet''.<ref>Minchat Shlomo 2:124:4</ref>
===Receiving Non-Jewish Sperm Donation===
#In extenuating circumstances, some poskim allow a married woman to get a sperm donation from a non-Jew.<ref>Minchat Shlomo 2:124:4, Igrot Moshe EH 1:10</ref> Other poskim hold that it is forbidden.<ref>Shevet Halevi 3:175 writes that it is forbidden from the Torah, based on Sanhedrin 58a, but it's not an isur karet like the Satmer Rav held. The Satmer Rav in [https://www.hebrewbooks.org/pdfpager.aspx?req=20339&st=&pgnum=10 Divrei Yoel EH 2:107:1] forbids it because there is an issue of not being able to identify the child as having come from zera of kedusha (see Yevamot 42a).</ref>
# A child born from a non-Jewish sperm that was inserted into a Jewish woman is completely Jewish. If the first born is a boy, then he should have a pidyon haben without a bracha.<Ref>Shevet Halevi 3:176</ref>
===Receiving Jewish Sperm Donation===
#The poskim forbid a woman from receiving a sperm donation from Jewish sperm.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=963&st=&pgnum=151 Yaskil Avdi 5:10:1:6] writes that it is terrible to allow any IVF because they might come to allow a sperm donation from someone other than her husband.
Igrot Moshe EH 1:71 writes that they should not do sperm donation from a Jew because of the issue that since the father is unknown it could lead to siblings marrying one another. Yabia Omer EH 2:1:9 quotes the Maarchei Lev 73 who writes that it is Biblically forbidden under the prohibition of adultery. While Yabia Omer disagrees that it isn't Biblically forbidden, he nonetheless believes it to be forbidden. Shevet Halevi 3:175, Igrot Moshe EH 1:71, Minchat Shlomo 2:124, and Shevet Halevi 3:176 also forbid it.</ref>
#After the fact, a sperm donation from another man into a married woman does not make the woman forbidden to her husband. Some poskim hold that the child is not a mamzer and if it's a girl then she can even marry a kohen,<ref>If there was IUI of sperm from someone other than her husband, Igrot Moshe EH 1:10 wrote that the child is not a mamzer because there was no cohabitation that was forbidden. Also, the child if it is a girl could even marry a kohen if the sperm is from a non-Jew since there was no prohibited cohabitation. Also, the Rif holds that even a child of a non-Jewish father and Jewish mother can marry a kohen. Even though we don’t usually follow the Rif here we could because of the first reason.</ref> while others hold that the child is a mamzer.<ref>Minchat Shlomo 2:124:1. His reasoning is that mamzerut doesn't depend on a forbidden cohabitation. It depends on the mixture of the genetic material of a forbidden relationship. He admits that Rabbenu Peretz is a clear proof that the child is not a mamzer but perhaps halacha doesn't follow Rabbenu Peretz. [https://www.hebrewbooks.org/pdfpager.aspx?req=20339&st=&pgnum=10 Divrei Yoel EH 2:107:4-5] agrees and even suggests that it is considered giyluy ervah. He considers the opinion of Igrot Moshe who understood from Rabbenu Peretz that the child is not a mamzer a mistake.</ref> Some hold that her and her husband need to separate from her while she's pregnant and for another 24 months.<reF>Yabia Omer EH 2:1:9</ref>
===While She Is a Niddah===
# There is a major question if doing IUI or IVF is permitted when a woman is still a niddah.<ref>Maharsham 3:268 forbids doing IUI while she's a niddah. Even though Rabbenu Peretz (cited by Bach 195:5) it seems like there would be no impact on the child, he is unwilling to be lenient. Also, see Shiltei Giborim Shevuot 2a who quotes Maharam who disagrees. Yabia Omer 2:1:10 also quotes Birkei Yosef in name of Rav Shlomo of London who was also strict. Shevet Halevi 4:97 and 6:203 agrees with the Maharsham and forbids IUI while she's pregnant.
*Minchat Yitzchak 1:50 suggests that she go to mikveh before the procedure even if it is only 7 days after she became a niddah and is not permitted to her husband until after she goes to mikveh after shiva nekiyim.
*Igrot Moshe EH 2:18 allows a woman to do IUI while she's a niddah and does not allow her to go to mikveh early since it could lead to mistakes in the future. He also writes that the child is not considered tainted as a ben haniddah since there was no prohibited cohabitation. Similarly, Yabia Omer EH 2:1:10 is lenient to do IUI or IVF while she's a niddah in extenuating circumstances. See Minchat Shlomo 2:124 who seems to favor the approach of Rabbenu Peretz over Rav Shlomo of London for this question.</ref>


==Related Topics==
==Related Topics==

Latest revision as of 16:00, 18 August 2024

There is a positive mitzvah to bring children into the world and raise them to be proper Jews.[1] A possible reason behind this mitzvah is that Hashem didn't want the world to be empty.[2] Additionally, it is also the doorway to all mitzvot because only living people can fulfill mitzvot and the Torah was given to man and not the angels.[3]

General

  1. The mitzvah is to endeavor to have children according to one's ability.[4]
  2. Only men are obligated in this mitzvah.[5] Nonetheless, a woman who does have children fulfills a mitzvah by aiding her husband in fulfilling his mitzvah of having children.[6] Additionally, some say that women are obligated to have children in order to ensure that the world is populated (this is referred to as the Mitzvah of Shevet).[7]
  3. A person fulfills his obligation once he has two children, one son and one daughter.[8]
  4. Even once one has fulfilled his obligation, there is a Mitzvah to continue to have children.[9] Nonetheless, it is important to take into account other values and concerns.[10]

Pregnancy

  1. Some say that it is a segula for a woman to have an easy labor if her husband opens the aron kodesh during her 9th month.[11]

Mitzvah of Onah

  1. There is a mitzvah of oneh (Heb. עונה; lit. time) for a husband to fulfill his wife's needs in terms of tashmish. There are certain guidelines of how often he is obligated to attend to those needs.[12] Beyond that, anytime when she is interested, he is obligated to gladden his wife.[13]

Intrauterine Insemination (IUI) and In Vitro Fertilization (IVF)

For a Couple

  1. Most poskim hold that it's permitted for a couple to use IUI or IVF,[14] the child is considered their child,[15] and the father fulfills Pru Urevu.[16] However, many poskim only allowed it after ten years of being married.[17]
    1. Some poskim hold that if a person uses IVF, then he doesn't fulfill pru urevu, but does fulfill the rabbinic mitzvah of shevet.[18]

Receiving Non-Jewish Sperm Donation

  1. In extenuating circumstances, some poskim allow a married woman to get a sperm donation from a non-Jew.[19] Other poskim hold that it is forbidden.[20]
  2. A child born from a non-Jewish sperm that was inserted into a Jewish woman is completely Jewish. If the first born is a boy, then he should have a pidyon haben without a bracha.[21]

Receiving Jewish Sperm Donation

  1. The poskim forbid a woman from receiving a sperm donation from Jewish sperm.[22]
  2. After the fact, a sperm donation from another man into a married woman does not make the woman forbidden to her husband. Some poskim hold that the child is not a mamzer and if it's a girl then she can even marry a kohen,[23] while others hold that the child is a mamzer.[24] Some hold that her and her husband need to separate from her while she's pregnant and for another 24 months.[25]

While She Is a Niddah

  1. There is a major question if doing IUI or IVF is permitted when a woman is still a niddah.[26]

Related Topics

Sources

  1. ↑ Rambam (Asin), Sefer HaChinuch (no. 1)
  2. ↑ Yishayahu 45:18, Sefer HaChinuch (no. 1)
  3. ↑ Sefer HaChinuch (no. 1)
  4. ↑ The Gemara Shabbat 31a states that in Heaven a person will be asked whether or not he "involved" himself in Pru Urevu, and not whether he actually fulfilled the mitzvah. Rav Moshe Feinstein (Igrot Moshe EH 2:18) writes that the actual mitzvah is for a man to have relations with his wife in order to have children. When his wife actually gives birth, that isn't a fulfillment of Pru Urevu, but rather an exemption from the mitzvah to have relations in order to have kids. The Minchat Chinuch (no. 1, s.v. VeIm Adam) assumes that having the children is the actual fulfillment of the mitzvah. Rav Soloveitchik quoted by Rav Schachter in a shiur (Yevamot 47, min 54-9) on yutorah.org had a compromise opinion, in which a person fulfills the action of the mitzvah (maaseh ha'mitzvah) with relations and fulfills the completion of the mitzvah (kiyum ha'mitzvah) when his wife actually gives birth to children.
  5. ↑ Yevamot 65b, Sefer HaChinuch (no. 1), Rambam (Ishut 15:2), Shulchan Aruch EH 1:1. The Mishna (Yevamot 65b) states that women are exempt from this mitzvah because the end of the pasuk states that people should conquer the world and that isn't the tendency of women. Meshech Chachma (Beresheet 9:7) suggests that the reason the Torah exempted women is because having children is dangerous and the Torah wouldn't obligate them to put themselves in danger, as the "ways of the Torah are pleasant, and all of its paths are peaceful" (Mishlei 3:17). Alternatively, Meshech Chochma posits that since women naturally want to have children, there's no need for a Mitzvah to command them, as it'd be superfluous to command them in something which they naturally desire.
  6. ↑ Ran (Kiddushin 16b)
  7. ↑ Tosfot Bava Batra 13a s.v. Sheneemar implies that women are obligated in the mitzvah of "לא תהו בראה לשבת יצרה". Levush YD 249:15 codifies this. See this article by the Schlesinger Institute for more sources.
  8. ↑ Yevamot 61b, Rambam (Ishut 15:4), Shulchan Aruch EH 1:5
  9. ↑ Rabbi Yehoshua (Yevamot 62b) states that if one had children when he is younger, he should continue to try to have children when he is older, because one never knows the outcome of his children. The Gemara says that this is rooted in the passuk of "sow your seed in the morning, and don't hold back your hand in the evening, since you don't know which one is going to succeed" (Kohelet 11:6). The Rambam (Ishut 15:16) writes that even though one has already fulfilled his mitzvah of having children, he has a mitzvah m'derabanan to have more children, and if he does so, then it's as if he built an entire world. Rabbi Melamed adds that there is a mitzvah of VeHalachta Bedrachav to have more children. Tosfot Bava Batra 60b s.v. din writes that if everyone would only have one son and one daughter, the Jewish nation would cease to exist.
  10. ↑ Rabbi Melamed explains that it is important to weigh one's decision carefully. For example, he says, if a person knows that if he has more than eight children they will have a lot of stress, frustration, and difficulty, then it is likely advisable not to continue to fulfill this mitzvah, as it will negatively impact the Chinuch of the other children. For more on this subject, reference shiurim by Rabbi Mordechai Willig https://www.torahweb.org/audio/rwil_032209_video.html, and Rabbi Herschel Schachter http://torahweb.org/audio/rsch_032209_video.html .
  11. ↑ The Chida Avodas HaKodesh; Moreh B'etzba 3:4
  12. ↑ Ketubot 47b, Rambam Ishut 12:2, Shulchan Aruch E.H. 69:2
  13. ↑ Gemara Pesachim 72b introduces that beyond the mitzvah of oneh, there is a mitzvah to gladden his wife. Rashi s.v. lismoch who explains that this mitzvah applies when his wife is interested. Nishmat Adam (Shabbat 147:1) codifies this mitzvah in another context. Birkat Eliyahu (on Gra last volume Kuntres Toeh Bdvar Mitzvah p. 7) wonders why the poskim didn't codify this mitzvah. See Mesivta Pesachim 72b which cites the Rivan who thinks that this is only rabbinic, while the Raavad (Shaar Hakedusha s.v. vhashlishit) thinks that it's Biblical. Rav Chaim Ozer in Achiezer 3:83 cites this dispute.
  14. ↑ *Is it permitted? Bitul Zera (wasting seed): Yaskil Avdi EH 5:10:1:4 writes that it is forbidden to do IUI or IVF because of bitul zera. Even if the child is considered their child and you fulfill pru urevu, it is still forbidden. He thinks that bitul zera is not related to her becoming pregnant. It is only permitted to emit zera in the act of tashmish with his wife in the place where Hashem allowed it.
    • Minchat Yitzchak 1:50 is willing to rely on Maharsham who holds that something isn't bitul zera if through the process they can have a child and fulfill pru urevu. A proof for this is Tosfot Sanhedrin 59b s.v. v'ha, who compares the halachic parameters of pru urevu and hashchatat zera.
    • Har Tzvi EH 4 writes that a person fulfills pru urevu with artificial insemination based on the following argument. According to the Bet Shmuel (Even HaEzer 1:10), even if a man's zera caused his wife to become pregnant through a bath (nitaber b'ambati) he fulfills his mitzvah. Even according to the Taz (Even HaEzer 1:8), who disagrees with the Bet Shmuel and thinks that one doesn't fulfill his mitzvah when his wife becomes pregnant in a bathhouse, would agree that one fulfills the mitzvah with IVF, as the man intends to do procreate in this case, as opposed to the case of the bathtub. Additionally, if the doctor is Jewish, then he could serve as the husband's agent (shaliach adam kmoto). Also, it isn't prohibited because of bitul zera since the goal is to procreate and not to simply waste seed.
    • Igrot Moshe EH 1:71 and 2:18 writes that it is permitted to do IUI or IVF for a couple that can’t have children naturally. It isn’t considered bitul zera levatala since there is a purpose in emitting zera (similar to Maharsham). Minchat Shlomo 2:124:2 agrees. However, Rav Moshe writes that they should have zera come out into a condom or into a cup during tashmish. If his wife is a niddah or he's single, he should have zera come out by following the suggestions of Chazal in Yevamot 76a.
  15. ↑ Igrot Moshe EH 1:10 rules like the Bet Shmuel (Even HaEzer 1:10).
  16. ↑ The Chelkat Mechokek (Even HaEzer 1:8) ponders whether the child born from a man whose zera came out into a bath and impregnated his wife (nitabra b'ambati) is considered the man's child, and if the man fulfills pru urevu. Rabbenu Peretz (cited by Bach Yoreh Deah 195:5) writes that if a woman who is a Niddah slept on sheets with her husband's zera and became pregnant from that zera, that the child would be kosher, and would not be considered a ben haniddah, since there was no prohibited act of intimacy (maaseh biah) that was performed. However, a woman should be careful not to sleep on the sheets that contain another man's zera, because it could lead a brother to marry a sister unknowingly (reference Yevamot 37b). R' Peretz implies that if a child is born without a maaseh biah, then he's considered the man's son, just that he isn't considered a ben haniddah. His proof is from Ben Sira who was a child of Yirmiyahu's zera that impregnated his wife while she was in the bath. Bet Shmuel 1:10 adopts this position. Tashbetz 3:263 is also of this opinion.
  17. ↑ Maharsham 3:268, Minchat Yitzchak 1:50, Yabia Omer EH 2:1:10
  18. ↑ Minchat Shlomo 2:124:4
  19. ↑ Minchat Shlomo 2:124:4, Igrot Moshe EH 1:10
  20. ↑ Shevet Halevi 3:175 writes that it is forbidden from the Torah, based on Sanhedrin 58a, but it's not an isur karet like the Satmer Rav held. The Satmer Rav in Divrei Yoel EH 2:107:1 forbids it because there is an issue of not being able to identify the child as having come from zera of kedusha (see Yevamot 42a).
  21. ↑ Shevet Halevi 3:176
  22. ↑ Yaskil Avdi 5:10:1:6 writes that it is terrible to allow any IVF because they might come to allow a sperm donation from someone other than her husband. Igrot Moshe EH 1:71 writes that they should not do sperm donation from a Jew because of the issue that since the father is unknown it could lead to siblings marrying one another. Yabia Omer EH 2:1:9 quotes the Maarchei Lev 73 who writes that it is Biblically forbidden under the prohibition of adultery. While Yabia Omer disagrees that it isn't Biblically forbidden, he nonetheless believes it to be forbidden. Shevet Halevi 3:175, Igrot Moshe EH 1:71, Minchat Shlomo 2:124, and Shevet Halevi 3:176 also forbid it.
  23. ↑ If there was IUI of sperm from someone other than her husband, Igrot Moshe EH 1:10 wrote that the child is not a mamzer because there was no cohabitation that was forbidden. Also, the child if it is a girl could even marry a kohen if the sperm is from a non-Jew since there was no prohibited cohabitation. Also, the Rif holds that even a child of a non-Jewish father and Jewish mother can marry a kohen. Even though we don’t usually follow the Rif here we could because of the first reason.
  24. ↑ Minchat Shlomo 2:124:1. His reasoning is that mamzerut doesn't depend on a forbidden cohabitation. It depends on the mixture of the genetic material of a forbidden relationship. He admits that Rabbenu Peretz is a clear proof that the child is not a mamzer but perhaps halacha doesn't follow Rabbenu Peretz. Divrei Yoel EH 2:107:4-5 agrees and even suggests that it is considered giyluy ervah. He considers the opinion of Igrot Moshe who understood from Rabbenu Peretz that the child is not a mamzer a mistake.
  25. ↑ Yabia Omer EH 2:1:9
  26. ↑ Maharsham 3:268 forbids doing IUI while she's a niddah. Even though Rabbenu Peretz (cited by Bach 195:5) it seems like there would be no impact on the child, he is unwilling to be lenient. Also, see Shiltei Giborim Shevuot 2a who quotes Maharam who disagrees. Yabia Omer 2:1:10 also quotes Birkei Yosef in name of Rav Shlomo of London who was also strict. Shevet Halevi 4:97 and 6:203 agrees with the Maharsham and forbids IUI while she's pregnant.
    • Minchat Yitzchak 1:50 suggests that she go to mikveh before the procedure even if it is only 7 days after she became a niddah and is not permitted to her husband until after she goes to mikveh after shiva nekiyim.
    • Igrot Moshe EH 2:18 allows a woman to do IUI while she's a niddah and does not allow her to go to mikveh early since it could lead to mistakes in the future. He also writes that the child is not considered tainted as a ben haniddah since there was no prohibited cohabitation. Similarly, Yabia Omer EH 2:1:10 is lenient to do IUI or IVF while she's a niddah in extenuating circumstances. See Minchat Shlomo 2:124 who seems to favor the approach of Rabbenu Peretz over Rav Shlomo of London for this question.
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