Page 182 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A
P. 182

Pg: 182 - 6-Back 21-10-31

         have the properties of a normal male organ it can be assumed that it
         is an ordinary fleshy appendage and the child is a female.

                                                   

        A Woman for Whom the Physicians Fashioned

                    an Artificial Vagina

         Question: There was a case of a woman who had neither a uterus
         nor a vagina, though she had ovaries and normal hormones like a
         woman. The physicians fashioned an artificial vagina for her and she
         came to ask whether she is allowed to get married [after informing
         her prospective husband that she is unable to have children, so that
         the marriage will not be contracted under a mistaken assumption] or
         whether her husband would be violating the prohibition of emitting
         semen for naught [during intercourse], since her vagina was not a
         natural one?

            Response: Now, the fact that this woman has no uterus does not
         render intercourse with her forbidden, since her husband has rela-
         tions with her in the normal way. So it seems from maseches Kesuvos
         (60b) where it says that after her husband’s death a woman must
         wait three months before remarrying [for ‘discernment’ i.e. to see if
         she is pregnant so that we know whether a subsequent child is from
         the first or from the second husband]. Even women who clearly did
         not become pregnant from their first husband are required to wait
         three months. Of those women we learn, “she was barren, elderly or
         infertile…and unable to have a child.” Rashi explains that “unable to
         have a child” refers to a woman whose uterus has been removed. Such
         a woman is clearly allowed to have marital relations with her because
         after the three months have passed she can remarry.

            This is the answer given by the Igros Moshe (Even Ha’ezer 1, 66),
         regarding the case of a woman whose physicians decided that her
         uterus had to be removed on account of a growth in her abdomen.

166  1  Medical-Halachic Responsa of Rav Zilberstein
   177   178   179   180   181   182   183   184   185   186   187