[Avodah] [Areivim] URL: article about halachic

Chana Luntz chana at kolsassoon.org.uk
Fri Dec 15 04:04:34 PST 2006


RAYW writes:

> This argument is flawed. The case is not necessarily similar 
> to rediyas hapas, but maybe be similar to yibum. The man has 
> a mitzvah of yibum, which is overrides the issur of ashes ach 
> thorough the din of "asei docheh loy sasey". The problem is, 
> though, is that the mitzvah of yibbum is only chayav on the 
> man, whilst the issur (kores) is on both. Nevertheless we do 
> see a din of ADL"S and it is obviously mutur. The gedolei 
> Achronim ask the question and one answer (from memory R' 
> Elchonon Wasserman Hi"d in K"H) is that one person's dechieh 
> HER issur too. Therefore by our case too.

The difference though between our case and yibum is that with yibum -
there can be no kiyum of the mitzvah of yibum without being doche her
issur.  While in our case in the vast majority of cases there is no
conflict - only if a woman has a relatively unusual cycle is there any
question of conflict.

Also I do wonder - the mitzvah of pru u'rvu we generally seem to hold,
occurs only upon the birth of the children (of the correct sex) -
whereas does not the mitzvah of yibum has its kiyum in the act itself?

Also as mentioned, everybody seems to allow the man to give a sample for
IVF purposes (and indeed, from what I understand, the first sample is
pretty much never used in the IVF procedure itself, but is only given
for analysis to see if it would be suitable) - why is this not
analogous?
 
> A Y Walters
> Beis Shemesh

Shabbat Shalom

Chana




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