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Torah testifies, “It is not good for a person to be alone.” Could she be 4 therefore allowed to put herself into a little danger in order to #
released from her oath? give birth.
The Ritva answered that there is a compelling reason to release her 3. Regarding IVF treatments in general, we have already discussed
from her oath, even lechatchilah. Firstly, being that she was young and this at length elsewhere (below, responsum #257 and #259). If a
beautiful, remaining single could lead to improper things. Moreover, couple was to seek out the Torah view on whether they are ob-
she felt sorry for herself and could not tolerate being alone. Therefore, ligated to try to have children by the aforementioned method,
he ruled that it was proper to release her from her oath, even though the answer would be that this is not what the Torah demands. It
her husband had died, and had neither the desire nor the ability to is probably Hashem’s will that this couple use their talents and
release her. Obviously the husband did not intend to tie down his abilities to do His will in other ways. The great Torah scholars
wife, since his desire was whatever is best for his children. Since there of Israel could testify that this couple left much blessing in the
is room to suspect that if she doesn’t remarry, she will become corrupt world, but not by procreating. However, if their intention is
or get a bad name, it is best for her children that she be released from to fulfill their natural desire to have children, it is difficult to
her oath. Moreover, we can testify that this was not her intent when hold them back from doing so when there is reason to suspect
she made the oath, and it is therefore considered like an erroneous depression or pikuach nefesh.
oath. The Ritva continues and explains that there is reason to fear the
corruption of any woman who has reached adulthood. As our Sages  20818_efi-ab - 20818_park-C_efi-ab | 4 - A | 18-08-20 | 13:46:23 |
said (Pesachim 113a), “Your daughter has matured, free your slave and
give him to her.” One who holds her back from marrying violates the
prohibition “Do not profane your daughter to make her a prostitute” Is a Physician Allowed to Restore Virginity?
(Vayikra 19:29). Therefore, he concludes, it is a great mitzvah to marry
off this widow so that she does not become corrupt, Heaven forbid, 1 Question
and profane her honor and the honor of her children. (The Ritva also
explains that we do not have to be concerned about “It is a mitzvah to Nowadays, it is possible, with a simple surgical procedure, to restore
fulfill the words of the deceased” and releasing the oath made while the hymen. Usually the women asking for this procedure are brides
holding a holy object and with the knowledge of the public.) who want to hide their secret from their future husbands and request
From the words of the Ritva we learn also for our case, that if it is that [their virginity] be restored. The physician who performs this
for the husband’s benefit that his wife become pregnant, one can help procedure can, as mentioned, enable a woman to marry without fear
her without letting him know. of upsetting the framework of her marriage. In practice, however, the
physician is a partner in an act of deception and fraud.
My question is: Is a physician allowed to perform or to assist in the
1 SuMMaRy and Conclusions
performance of this procedure?
1. There is no need to inform the husband.
1 AnsweR
2. A woman who longs for children is likely to enter a state of
depression if she is held back from becoming pregnant. She is It says in the Rambam (Hilchos Ishus 11:12-13), “And if her husband

98 1 Medical-HalacHic Responsa of Rav ZilbeRstein Risks of Procreation due to his Wife’s Medical Condition 2 99