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exempts his mother from chalitzah. The doubt is based on the com-
ments of the Noda B’yehudah (Kama, Even Ha’ezer, 69) concerning
the following case:

A woman and her husband were married for seven years and had
no children. Three days before the husband died, when he was on his
deathbed and the Chevra Kadisha had watchmen with him day and
night as is customary, to ensure that his soul should not depart while
his was alone, his wife immersed in a mikvah. She claims to have been
secluded with him and to have had marital relations with him on the
28th of Iyar. On the 29th of Iyar he died, leaving a younger brother who
was three years old. On the 15th of Adar she gave birth to a girl who
lived for over a month and then died. By virtue of this daughter’s birth
the widow considers herself exempt from chalitzah. People say that
the daughter was born from a promiscuous union after her husband’s
death, basing this argument on several reasons.

1. Since she had no children for seven years before her husband’s
death, it is highly unlikely that she should conceive from this final
act of intercourse. 2. Two weeks after her husband’s death she again
[had menstrual bleeding, while as is known, no menstrual bleeding
takes place during pregnancy. 3. It is not possible that a deathly ill
patient on his deathbed is capable of having relations with his wife
and impregnating her from such an act. 4. In addition to all the above,
witnesses testify to having seen the woman with another man.

After clarifying that the witnesses’ reports are insubstantial in
placing the woman under suspicion of promiscuity, the Noda B’ye-
hudah concludes that the woman is free to marry any man she wishes
without chalitzah, since it can be established that her daughter was
born from her husband. He then proceeds to dismiss all the concerns,
one by one.

1. The fact that she had no child for seven years does not
implicate her in promiscuity. If a woman doesn’t give birth
during the first year after her marriage and then becomes
pregnant and gives birth, do we suspect her of adultery?
Just as we don’t suspect that woman of having committed
adultery after one year of marriage, neither do we suspect

Posthumous Artificial Inseminatio 2 47