Page 50 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 50 - 2-Back 21-10-31

injecting Prostigmin – considered indirect and therefore the use of
these methods can be permitted.

Regarding the question asked by Prof. A. Czechnover and Dr.
M.A. Brooks [second question]: Isn’t there a problem of wasting
semen when the husband’s semen is inserted into his wife’s uterus?
The view of the Maharsham (Vol. III, 268) is that this does not entail
the prohibition of wasting semen since it is possible that there will
be no wastage [if fertilization is successful]. Even though a positive
outcome is uncertain the Rema writes in his responsa (100:10), that
erasing Hashem’s Name for the sake of correction even when the
improvement is uncertain, is nonetheless not considered a destructive
act. Since the erasure is being done for a constructive purpose it is
permitted. The same logic applies to artificial insemination.

Despite there being an opinion that hesitates to permit artificial
insemination even from a husband to his wife because some drops
of semen will inevitably go to waste (See Teshuvos Divrei Malkiel
Vol. IV, 107-108), it appears that in our case it may be permitted even
according this opinion since the prohibition of emitting semen for
naught may not apply at all to a paraplegic, for the two reasons we
cited above.

I heard from my father-in-law Rav Y.S. Elyashiv zt”l that even
those authorities who permit emission of semen for therapeutic pur-
poses [and for artificial insemination] do not permit it to be obtained
by masturbation. Proof of this is from the gemara in Yevamos (76a)
where there is a discussion of how to cause emission of semen, yet
this simple method – to obtain it by rubbing with the hand – is not
mentioned. This is because Chazal do not allow it, for doing so is
“fornication by hand,” which is subject to a specific prohibition. The
Maadanei Yom Tov writes (in maseches Niddah) that the Torah does
not write, “Do not fornicate with a woman” but “lo sin’af (Do not
fornicate)” (Shemos 20,13) in general. Thus the command is also to
be understood as meaning, “lo seheneh mei’af [do not derive pleasure
from af i.e. from the emission of semen, which is a sin that arouses
af, Hakadosh baruch Hu’s anger. See the commentary of the Sifsei
Kohen on the Torah (in parshas Yisro), which cites a medrash of

34 1 Medical-Halachic Responsa of Rav Zilberstein