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Ha’ezer 2, 4), who responded, “I see no way of allowing him to con-
duct a chuppah and kiddushin for them, for we do not tell the rabbi,
‘Sin [by abetting the Kohen in his sin] so as to benefit your friend [i.e.
the Kohen, by keeping him with the Jewish fold].”
However, in regard to a married woman who says that if a chuppah
and kiddushin are not held for her and her adulterer she will continue
living with him as a married woman, without receiving a divorce from
her husband, the rabbi might be allowed to hold a chuppah and kid-
dushin for them after informing them that she is forbidden to him,
in order to remove the possibility of mamzerus and the violation of
the prohibition of adultery. This would prevent chaos in the world,
as explained by Rashi (parshas Noach) and the logic for allowing it
as a means of benefitting society is even more compelling since it will
prevent the proliferation of mamzerim among the Jewish people. See
also Igros Moshe. (Even Ha’ezer 3, 50)
ɳ Response to Question Two
Non-Jews are very stringently forbidden to practice abortion -- a non-
Jew who aborts a fetus incurs the death penalty, as is clear from ma-
seches Sanhedrin (57b) and the Rambam (Hilchos Melachim 9:4). The
Minchas Chinuch (Mitzvah 296) is uncertain whether this is because
in regard to non-Jews the Torah has revealed that a fetus is consid-
ered a full-fledged life and killing a fetus thus falls under the rubric of
murder, or whether this is a separate sin that is not in the category of
murder. The Ko’ach Shor (20) writes that a non-Jew’s prohibition of
killing a fetus is a separate prohibition and is not because of murder.
[In Kuntress Kava Dekushaisa (19), the author asks: How could they
have intended to kill Tamar while she was pregnant, when non-Jews
are forbidden to kill a fetus?]
This prohibition is violated both by a Jewish physician perform-
ing an abortion on a pregnant non-Jewish woman, as well as upon
a non-Jewish physician who aborts the fetus of either a Jewish or a
Fertility Treatment for an Adultress 2 477
