Having Children: Difference between revisions
From Halachipedia
→Intrauterine Insemination (IUI) and Invitro Fertilization (IVF)
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##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> | ##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> | #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. [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 or not (see Yevamot 42a).</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. Minchat Shlomo 2:124 forbids it.</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. 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> | #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. 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 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. | # 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. | * 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. | ||
