Page 120 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 120 - 4-Front 21-10-31

The Kehillos Yaakov did not allow a woman’s insemination with
her husband’s semen, and adds that there is reason to be concerned
about licentiousness, even when the physician promises not to mix
the husband’s semen with that of another man – something that has
already happened. The Yalkut Shimoni (Bamidbar, 684) notes that
Jewish nation has merited greater closeness to Hashem than other
nations owing to the records of their lineage, as it is written, “Give
[thanks] to Hashem, families of nation” (Tehillim 96:7). Jews’ lineage
is created through the fulfillment of the mitzvah of procreation by
man and woman, whereby the love between them creates offspring
that become a treasure of a nation.

Therefore despite all the pain that this question conveys our ad-
vice to this woman would be to adopt orphaned children, for there
is no limit or bound to this mitzvah. In the medrash (Ki Sisa, 45) it
is written that Hashem yisbarach showed Moshe all the treasures of
Gan Eden that are designated for the righteous and Moshe Rabbenu
asked Hashem yisbarach, “Please show me Your Glory.” He showed
him a unique treasure trove, greater than all other treasures. Moshe
Rabbenu asked who this treasure was for and Hakadosh baruch Hu
told him, “This treasure is reserved for those who raise orphans.”
Happy is the person who merits this and “whoever teaches Torah to
his colleague’s child, it is as though he gave birth to him” (as Rashi
explains, Bamidbar 3:1).

If the patient is depressed and in vitro fertilization will revive her

it is cited [Yeshurun ibid. pg. 544] that the child should undergo conversion.
Although it was explained that the owner of the ovum determines the child’s
lineage and not the surrogate mother conversion is nevertheless necessary as a
stringency, owing to the doubt.

My father-in-law’s reasoning for requiring this is that the entire topic of in
vitro fertilization and surrogate motherhood are novel procedures that have
been developed in recent years, whereas nothing comparable existed in the time
of Chazal and the early poskim. The statement [above] that the child’s lineage
is determined solely by the owner of the fertilized ovum is based solely on logic.
Thus, on the sole basis of logic [i.e. without being able to cite any proof from
earlier sources], it is incorrect to rule categorically on the question of the child’s
lineage.

104 1 Medical-Halachic Responsa of Rav Zilberstein