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ɳ Response

The Birkei Yosef writes (Even Ha’ezer 5,13 citing the Ritva on Yevamos
63): “It is forbidden for a person to drink a sterilizing potion in order
to study Torah. But if he does so in order to relieve him of desire
and lurid thoughts it is permitted.” These comments apparently refer
to a man who has already fulfilled the mitzvah of procreation and
who has no wife. However, if he has not yet fulfilled the mitzvah of
procreation or even if he has but his wife is unwilling to forego her
onah, it is forbidden to drink a sterilizing potion for it says in the
Torah: “her food, her clothing and her conjugal rights, he shall not
diminish” (Shemos 21: 10) and the physician must not assist him in
violating this sin.

Similarly, if the wife of a patient who must undergo treatment that
will render him impotent and sterile demands that he provide her
conjugal rights, he must divorce her and pay her kesuvah as stated in
the Shulchan Aruch (Even Ha’ezer 76,11): “A man may not withhold
conjugal rights from his wife and if he does so to hurt her he violates
the negative precept of ‘he shall not diminish her conjugal rights.’ If he
is sick or is very weak and is unable to have intercourse he should wait
six months until he recovers…. after that he must either obtain her
consent or divorce her and pay her kesuvah.” This apparently applies
in our case too.

The question arises whether nowadays when a prosthetic organ can
be inserted that will enable the husband to fulfill the mitzvah of onah,
or alternatively through injections, the woman is entitled to demand
a divorce? Logic indicates that she cannot demand a divorce2. This
applies only if she already has a child. However if she has neither son
nor daughter and she asks for a divorce so that she can remarry and
have a child to support her in her old age we compel the husband to
divorce her, as explained in the Shulchan Aruch. (Even Ha’ezer 154,6)

The physician is therefore entitled to treat the patient, even though
the patient’s marital life will suffer as a result and he need not obtain

2. As we have written earlier, siman 262,‘Response to Question Three.’

144 1 Medical-Halachic Responsa of Rav Zilberstein