Page 85 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 85 - 3-Front 21-10-31

“old” get is forbidden, posthumous artificial insemination should also
be forbidden.]

Furthermore, Tosfos in maseches Gittin (41a, s.v. leesa) write that
it is incorrect to allow a situation that will lead to an increase in the
population of mamzerim. They speak only about not allowing there
to be large numbers of mamzerim but we find no corresponding con-
cern about limiting the number of children of tainted lineage [born
to parents who are not married]. Even in regard to mamzerim, Tosfos
write this only according to one of their answers and not all opinions
agree to this. Therefore, if the woman took an oath agreeing to be
fertilized with her late husband’s semen, she should not violate her
oath without first obtaining release from it.

[See the Shulchan Aruch (Yoreh De’ah 230:1), “Oaths can be per-
mitted even if the person swore mentioning Hashem’s Name.” The
Vilna Gaon and the Shach (ibid.) explain that a person should only
be released from an oath in a situation of great need. Here, where
there will be gossip and the child’s lineage will be tainted by having
being conceived after his father’s death, it seems preferable to permit
the oath, rather than have her uphold it and undergo the procedure.]

We have not addressed here the question of whether or not the
woman will still have to do chalitzah after she has been fertilized. We
have already discussed this elsewhere.4

ɳ Summary and Conclusions

1. A man should not emit semen for the purpose of fertiliz-
ing his wife, especially if this is to be done after his death
when she is no longer his wife and the resulting child will
have tainted lineage. It goes without saying that his semen
must not be used to fertilize another woman for this leads
to concern about mamzerus and this practice is a great
abomination.

4. Earlier, in siman 254.

A Husband’s request for Posthumous Artificial Inseminatio 2 69