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therefore be under no obligation to fulfill her late husband’s testa-
ment. However, even if we decide that a woman who became pregnant
through bathtub insemination may marry while pregnant or nursing,
a woman who becomes pregnant as a result of artificial insemination
will still be forbidden to remarry during that period, for in our times
artificial insemination has become a commonplace procedure and it
therefore falls within the purview of Chazal’s decree forbidding mar-
riage with a woman who is either pregnant with or is nursing another
man’s child. Therefore, since she will be unable to remarry [until after
the child’s birth and after twenty four months of nursing], she is not
obligated to fulfill her late husband’s testament, as explained above.

The Kovetz Shiurim (Kesuvos 203) writes, “From Rabbenu
Chananel’s commentary to Chagigah 16, it is clear that a woman who
became pregnant in a bathtub does not become impure upon giving
birth, because the Torah says,“A woman who is inseminated and gives
birth to a male shall be impure... and on the eighth day the flesh of his
foreskin shall be circumcised” (Vayikra 12:2-3). The Torah is speaking
about a natural birth, not a birth that comes about unnaturally [i.e. as
a result of bathtub insemination]. It is therefore questionable wheth-
er the circumcision of such a child sets aside Shabbos, for the bris of
a boy born by Cesarean section does not set Shabbos aside because
his mother does not become impure from childbirth, as Rashi writes
(Bechoros 47b) because it is written,“when she gives birth she shall be
impure.” This implies that she becomes impure only if she gives birth
in the normal manner, and not through a surgical procedure.

However, the Kovetz Shiurim continues as follows: “It is clear
though, that this case [of pregnancy resulting from bathtub insem-
ination] depends wholly upon the time and the place, just as we find
with forbidden work on Shabbos. [For example,] if one takes an
object from a private domain to a public domain in the crook of his
elbow, he is exempt from punishment because this is not the usual
manner of carrying something outside during the week. However,
if the general practice changes and it becomes usual for everyone
to carry things in the crook of their elbows, a person will certainly
incur punishment for doing so on Shabbos too. Now, the practice

66 1 Medical-Halachic Responsa of Rav Zilberstein