Page 36 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 36 - 2-Front 21-10-31

cannot be used as a basis for deriving practical rulings.4 According to
this, we have no proof whatsoever that it will be permitted to violate
a Torah prohibition, even if by doing so it means that many other
violations will be avoided.

The difficulties we raised with both of the approaches advanced
by the Divrei Malkiel may be why the Achiezer decided (ibid. Vol.
III 24:4) not to accept them as halachah but to rely instead on the
She’ilas Yaavetz which we cited earlier in the third approach, in per-
mitting a man who has been married for more than ten years without
any children to emit sperm for testing.

Now up to this point, we have been exploring the reasoning of
those who permit the emission of semen for medical testing. Howev-
er, it must be added that several leading poskim prohibit the emission
of semen for infertility testing and the like. According to them, the
above gemara in Yevamos refers specifically to permitting a kerus shuf-
chah, as we shall explain.

See the Sdei Chemed (in Pe’as Hasadeh, Asifas Dinim, Ma’areches
Ishus, 3), who writes that it is incorrect to recommend that a person
sin by doing something wrong for the sake of some possible benefit in
regard to being able to sire children, when the physicians themselves
are uncertain whether he can be healed. How can we ignore what is
certain in order to embrace that which is doubtful?! At any rate in
our case, where in the context of the physicians’ recommendations
there are multiple doubts about the benefit of testing, even according
to those poskim who are lenient for the sake of a mitzvah, there are
no grounds for leniency and for permitting emission of semen by a
married man who has been married for a number of years without
children. This ruling is echoed by the Minchas Elazar at the begin-
ning of the sefer Darkei Teshuvah, namely that one cannot consent to
the testing of sperm for a couple that has no children because there is
no benefit from the vast majority of [these] emissions of semen and
they serve no purpose in attaining the desired goal of fulfilling the

4. See our lengthy discussion of this topic earlier, siman 214 (s.v. ela sheyesh leha’ir)
and ibid. Note 3.

20 1 Medical-Halachic Responsa of Rav Zilberstein