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ɳ Response to Question Two

The sin of emitting semen for naught is extremely serious, as says in
Shulchan Aruch (Even Ha’ezer, 23): “Emitting semen for naught is a
serious prohibition, more stringent than all other transgressions in
the Torah… Those who fornicate with their hands and emit semen
[i.e. masturbate] not only commit a very serious prohibition but
a person who does this is under a ban and of them it is said ‘Your
hands are full of blood’ (Yeshayahu, 1,15) and it is as though they have
killed someone.” In maseches Niddah (13a) the gemara states, “Rabbi
Yochanan said, ‘Anyone who emits semen for naught is liable for the
death penalty, for it says about Er and Onan (Bereishis 38:10),“What
he did was evil in Hashem’s eyes and He put him to death too.” This
was the manner in which the generation of the Flood were corrupt,
as it says (ibid.6:12), “For all flesh had corrupted its way [of life] on
the earth.”’”

However if life imprisonment will pose a danger to his life, he is
probably allowed to emit semen for testing in order to avoid incarcer-
ation. Although emitting semen for naught is considered tantamount
to murder and is likened to slaughtering children [since every sperm
cell has the potential to become a human being,] and is also an appur-
tenance of forbidden sexual relations, being referred to in Shulchan
Aruch (ibid.) as a type of fornication, these concerns are nevertheless
set aside because of piku’ach nefesh, as explained in Ezer Mikodesh.
(Even Ha’ezer ibid. 2)

Although the prohibition of murder or of any of its appurtenances
are not set aside even in situations of piku’ach nefesh – so how can
we permit emitting semen which is tantamount to murder in order
to avoid danger to the prisoner’s life? – the answer is as follows. The
reason why prohibition of murder is not set aside even in a situation
of danger is because of the argument, “How do you know that your
blood is redder than his, perhaps his blood is redder than yours?” In
other words, who can determine whether the murderer’s life is more
precious than that of his victim, as explained in Pesachim. (25b) In
our case it is obvious that an innocent prisoner’s life is more precious

314 1 Medical-Halachic Responsa of Rav Zilberstein