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Why? Because [when speaking about 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.’” We would
expect the Rambam to have mentioned the reason for this halachah
as well – because such semen cannot impregnate and produce a child
– so that we could deduce from it that sperm which is not capable
of fertilization owing to lack of vitamins or for some other medical
reason does not confer impurity, even if it is emitted with an erection.
We must clarify why the Rambam omitted it.

It seems possible to explain the matter by comparing it to a well
known principle regarding the prohibition of eating terefah. The To-
rah writes, “These are the living things which you may eat” (Vayikra
11:2). Chazal expound this as follows (Chullin 42a), “A living animal
[i.e. a healthy animal which can live] you shall eat but one that is not
viable [an animal that is terefah and will die within twelve months]
you shall not eat.” Now it should apparently be the case that any con-
dition that at the time the Torah was given would have resulted in the
death of the animal suffering from it but that can nowadays be treated
owing to the discovery of a cure, should be kosher to eat. Howev-
er, the Rambam rules that we may base ourselves only upon what
Chazal said and even nowadays, despite the fact that natures have
changed and an animal with a condition that renders it terefah can
live for longer than a year, it remains a terefah. In Teshuvos HaRashba
(Vol. I, 98), it is written that even if one finds a terefah animal which
has lived an extraordinarily long life it is still forbidden to eat it. On
the other hand, there are other animal illnesses for which there no
cure is known nowadays but which are not among the eighteen types
of terefos transmitted by Chazal and an animal suffering from one of
those is kosher. This requires clarification.

Our teachers, the commentators on the Talmud respond to this
question that the reason for why terefos may not be eaten is not be-
cause the animal is going to die within twelve months but because the
Torah forbids us to eat defective, unwholesome animals. The Torah
provides us with the means of identifying these unwholesome ani-
mals, which are the eighteen types of terefos mentioned in the mish-

30 1 Medical-Halachic Responsa of Rav Zilberstein