Having Children: Difference between revisions
From Halachipedia
→Intrauterine Insemination (IUI) and Invitro Fertilization (IVF)
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* Minchat Yitzchak 1:50 is willing to rely on Maharsham who held that it isn't bitul zera if through the process they can have a child and fulfill pru urevu. A proof for this is Tosfot Sanhedrin who compares the halachic parameters of pru urevu and hashchatat zera. | * Minchat Yitzchak 1:50 is willing to rely on Maharsham who held that it isn't bitul zera if through the process they can have a child and fulfill pru urevu. A proof for this is Tosfot Sanhedrin 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 as a) According to the Bet Shmuel even his zera caused his wife to become pregnant through a bath (nitaber b'ambati) he fulfills his mitzvah. b) According to the Taz, who disagrees with the Bet Shmuel here since the person intended to do the mitzvah he fulfills the mitzvah. Additionally, if the doctor is Jewish he could be his agent (''shaliach adam kmoto''). Also, it isn't prohibited because of bitul zera since the goal is purposeful and not destructive. | * Har Tzvi EH 4 writes that a person fulfills pru urevu with artificial insemination as a) According to the Bet Shmuel even his zera caused his wife to become pregnant through a bath (nitaber b'ambati) he fulfills his mitzvah. b) According to the Taz, who disagrees with the Bet Shmuel here since the person intended to do the mitzvah he fulfills the mitzvah. Additionally, if the doctor is Jewish he could be his agent (''shaliach adam kmoto''). Also, it isn't prohibited because of bitul zera since the goal is purposeful and not destructive. | ||
* Igrot Moshe EH 1:71 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). However, Rav Moshe writes that they should have zera come out into a condom or into a cup during tashmish.</ref> the child is considered their child,<ref>Igrot Moshe EH 1:10 rules like the Bet Shmuel.</ref> and the father fulfills Pru Urevu.<ref> | * 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 76.</ref> the child is considered their child,<ref>Igrot Moshe EH 1:10 rules like the Bet Shmuel.</ref> and the father fulfills Pru Urevu.<ref>The Chelkat Mechokek ponders whether a man whose zera came out into a bath and impregnated his wife fulfills pru urevu and the child is his child. Rabbenu Peretz writes that if a woman slept on the sheets with her husband's zera and became pregnant from that zera the child would be kosher. The child is not considered a ben haniddah since there was no prohibited biya. However, with zera of another man a woman should be careful because it could lead a brother to marry a sister unknowingly. His proof is from Ben Sira who was a child of Yirmiyahu's zera that impregnated his wife while she was in the bath according to Ben Sira. Rabbenu Peretz implies that the genetic father is the father even though there was no biya. Bet Shmuel quotes this proof and concludes that the father whose zera impregnated his wife while she was in the bath is considered the father and fulfills pru urevu. 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> | ||
The Chelkat Mechokek ponders whether a man whose zera came out into a bath and impregnated his wife fulfills pru urevu and the child is his child. Rabbenu Peretz writes that if a woman slept on the sheets with her husband's zera and became | ##Some poskim hold that a person doesn't fulfill pru urevu but does fulfill another rabbinic mitzvah of ''shevet''.<ref>Minchat Shlomo 2:124:4</ref> | ||
#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> | |||
#The poskim forbid a woman from getting 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. | #The poskim forbid a woman from getting 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, it is nonetheless forbidden.</ref> | 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, it is nonetheless forbidden. Minchat Shlomo 2:124 forbids 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 is a girl 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</ref> Some hold that her and her husband need to separate while she's pregnant and for another 24 months.<reF>Yabia Omer EH 2:1:9</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 is a girl 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. </ref> Some hold that her and her husband need to separate while she's pregnant and for another 24 months.<reF>Yabia Omer EH 2:1:9</ref> | ||
# 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 from 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. 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. Yabia Omer EH 2:1:10 is lenient to do IUI or IVF while she's a niddah in extenuating circumstances. </ref> | # 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 from 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. | ||
* 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> | |||
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