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is preferable from a halachic standpoint [i.e. artificial insemination
and in vitro fertilization, followed by implantation of a healthy em-
bryo or natural conception followed by rinsing the womb and return-
ing a healthy embryo to the womb]?

Professor Richard Chaim Gerazi,
Maimonides Hospital, New York

ɳ Response

Abortion even during the first forty days [after conception] is forbid-
den6. Therefore, detaching the ovum – which has been fertilized in
the normal manner – from the mother’s womb in order to examine it
and should it prove defective not return it, is viewed as abortion and
is forbidden.

Now, Tosfos in maseches Yevamos (37a, s.v. rove) say that three days
can pass before the sperm is absorbed [i.e. until it fertilizes the ovum]
and the Noda B’yehudah (Even Ha’ezer, Kama, 69) writes,“A woman
who was not fertilized by her husband’s sperm before his death, even
when fertilization took place after his death and the resultant child
is considered his son in all respects, nevertheless in regard to yibum,
(Levirate marriage) it is considered that at the time of his death he
was “without a child” and she requires yibum [or chalitzah]…” see
there.7 It must still be considered: What will the halachah be at this
pre-absorption stage in regard to the question under present consid-
eration? We can only enter into that discussion when it is of practical
application and we learn precise details about this technique. Our
nation’s Torah sages will then enlighten us and guide us as to how to
proceed.

These topics are among the hardest to rule on since the sanctity of
the Jewish nation hinges upon them. No action whatsoever should be

6. This is discussed earlier, in siman 241.
7. This is discussed earlier, in siman 254.

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