Page 42 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 42 - 2-Back 21-10-31

sperm for testing. The poskim write that that case does not resemble
the case of the gemara in Yevamos (76a) where Chazal permit a man
with a hole in his male organ to emit semen to check whether the hole
had closed, because that case involved the concern of his being a kerus
shufchah, who is forbidden to marry any Jewess. Since the test might
enable him to marry it is permitted. The man who became engaged to
his cousin however, could marry another woman3.

Here too, the only benefit to the patient from the test is that this
woman will agree to marry him. The patient might be able to find
another woman who already has children or who is unable to have
children, who would agree to marry him without his undergoing
testing. It is therefore difficult to call this “emission for a constructive
purpose.”

On the other hand though, there are other reasons for viewing this
case more leniently than others.

It is possible that semen which is emitted without lust or erection
is not subject to the prohibition of emission of semen for naught.
This is because such semen does not confer the impurity conferred
by a regular emission, nor does it confer impurity on another person
who touches it, for we learn in maseches Niddah (43a), “Shmuel said,
‘Any [emission of ] semen that is not felt by the entire body [i.e. a
forceful ejaculation] does not confer impurity. Why? Because [when
speaking of this impurity] the Torah refers to it as ‘shichvas zera, (seed
of intercourse)’ (Vayikra 15:16), only when it is fit to fertilize i.e. an
ovum and produce offspring.’”

The Achiezer writes (Vol. III 24:4) that the prohibition of emit-
ting semen for naught is learned from the passuk (Devarim (23:10)
“Guard yourselves from every evil thing.” Chazal explain that the
words “evil thing” refer to the following passuk (ibid. 11) “And should
there be among you any man who is not pure owing to what chanced
him by night [i.e. a nocturnal emission], he shall leave the camp and
not come into the camp.” It is therefore logical, the Achiezer writes,

3. See our discussion of this case in siman 251, in regard to the first way of under-
standing the gemara in Yevamos.

26 1 Medical-Halachic Responsa of Rav Zilberstein