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than the semen he will emit because killing a person incurs the death
penalty at beis din’s hands but emitting semen only incurs death by
Heaven, not by man. It therefore appears that for the purpose of this
test it is permitted if there is danger.1

We find moreover that according to some opinions killing a fe-
tus is permitted [even] in order to save one of its mother’s limbs or
organs. (See Teshuvos Maharit Vol.1 992) Employing kal vachomer
reasoning we can argue that if a fetus can be killed to save its mother’s
all the more will it a person be allowed to emit semen in order to save
his life.

However, if the prisoner has a wife he may not emit semen for
naught because it can be taken for testing when he has marital rela-
tions with his wife by withdrawing it from her. It is similarly forbid-
den to emit sperm for naught through masturbation if it is possible
to obtain it indirectly as stated by the gemara in Yevamos (76a), where
this is permitted in order to fulfill the mitzvah of procreation.3

1. See Kesef Mishneh (Hilchos Yesodai Hatorah chap. 5 end of halachah 5), where
it is written that the rationale, “Who says your blood is redder…?” is not the
principle reason that murder is forbidden even to save the murderer’s life. Rath-
er, Chazal possessed a tradition that in regard to murder a person must always
“be killed rather than transgress” and they provided a rational that is applicable
in certain cases, though even where it is not applicable the halachah remains
“be killed rather than transgress” [and Lechem Mishneh ibid. agrees to this]. It
appears nonetheless that this will only apply to an act of actual murder, not to
emitting semen which is not actual life. [See earlier, siman 264 end of Note 2,
where we write that emitting semen for naught is a sin between man and G-d
and as such is less serious than actual murder which is also a sin between man
and man.]

2. See our earlier lengthy discussion of this topic, siman 230 (s.v.‘We now come to
discuss Question Two’) on the subject of aborting a fetus in order to save the
mother’s life and my father-in-law’s understanding of the Maharit’s comments
[see also Tosfos Sanhedrin 59a s.v. leica].

3. See earlier, end of siman 252, for the order of preference in methods of obtaining
semen when necessary.

Emission of Semen to Establish Innocence 2 315