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patient, in the same way that our Teachers express un-
certainty as to whether a man whose sperm impregnates
a woman through bathtub insemination [i.e. without an
act of intercourse] fulfills the mitzvah of procreation with
the resultant child3. If so, the patient will have violated the
prohibition of emitting semen without having fulfilling the
mitzvah of procreation, which is not permitted.
I heard from my father-in-law, Rav Y.S. Elyashiv zt”l, that if sperm
can be drawn from the spermatic ducts through a surgical procedure
etc. this would be permitted for the purpose of freezing and would
not involve the prohibition of emitting semen wastefully (as above).
His reasons are as follows: 1. This would not be prohibited under
“Lo sin’af (Do not fornicate)” because no fornication is involved, for
only rubbing with the hand or foot is included in the prohibition.
2. The Shulchan Aruch’s ruling: “The wasteful emission of semen is
forbidden – this sin is more severe than all other transgressions in the
Torah…” also only applies to practices such as those of Er and Onan
who “threshed within and ejaculated outside” but not to the surgi-
cal withdrawal of sperm for the purpose of fertilization. 3. Chazal’s
teaching on the passuk “‘shochtei (who slaughter) the children’ – do
not read shochtei (who slaughter) but sochtei (who squeeze)” (Niddah
ibid.) also only applies to semen emitted in the manner of lustful
pleasure seekers, as Rashi writes (ibid.), but not to sperm which is
deep within the abdomen and is withdrawn not in the destructive
manner of pleasure seekers who squeeze out their semen wastefully
– particularly since the sperm drawn from the spermatic ducts is not
ready but needs further treatment before it is capable of fertilization.
3. This topic is discussed earlier, siman 150.
94 1 Medical-Halachic Responsa of Rav Zilberstein
