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ɳ Response

The first question has already been discussed in a Torah academy in
which a number of the leading Torah scholars of the previous gener-
ation studied. They included Rav Yeshayah Zilberstein, Rabbi Elazar
Deitsch and Rav Meir Arik zt”l. (See Tel Talpiyot, Year 5668. p. 169)
They concluded that according to halachah, the child is considered
the child of the birth mother, because the ovaries have become an-
nulled to her body and are considered part of her. We find similarly
in maseches Sotah (43b) “If a young branch is entwined with an old
branch, the young branch becomes annulled to the old branch and the
laws of orlah do not apply to it.” [This means that fruits growing on a
branch from a tender sapling which is not yet three years old, which
was grafted onto a tree which has already grown for the three orlah
years, are not subject to the restrictions of orlah because the branch
becomes annulled to the tree.]

So too, Reuven’s testicles that have been transplanted into Shimon’s
body are subsumed into his body becoming like any other natural
part of his body. [It should be pointed out that some leading halachic
authorities are of the opinion that proof cannot be adduced to this
novel and complex question and that it is difficult to conclusively
prove our case from the laws of orlah.1]

Slight doubt remains in regard to the status of sperm cells within
the testicles that are transplanted from Reuven who died, into Shi-
mon’s body. Perhaps we should view these calls as Reuven’s sperm
that is inseminated into Shimon’s wife, regarding which, as is known,
opinion is divided among the poskim as to whether or not the child
is a mamzer.2 This would be similar to a young branch bearing orlah
fruit that is grafted onto an old tree. Do these fruits lose their orlah

1. See further, Teshuvos Even Yekarah (third edn. siman 29), who presents this view
at length. See later, siman 259, on the topic of Surrogate Motherhood, and our
citation there in the note quoting my father-in-law zt”l. Here there is an addi-
tional consideration in that the ovary becomes part of the recipient’s body.

2. This topic is discussed earlier, siman 253.

72 1 Medical-Halachic Responsa of Rav Zilberstein