[Avodah] [Areivim] URL: article about halachic infertility and proposed changes to hilchos nidah

[A & C Walters]

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. And is
not at all similar to Rediyas HaPas, which involves no ADL"S only a possible
solution to fix the problem lemafreia.

However, it is obvious that by this case there is no heter for the man
either, and it is not at all a case of ADL"S. All I am saying is that if
there WAS a ADL"S, there would be no further issur of the part of the woman.

The other arguments (shev veal taaseh) are definitely valid, as are the
other arguments presented.


A Y Walters
Beis Shemesh

> In any case, both women and men are obligated by the laws of nidah and
> zivah, while only men are obligated by pru urvu, which means that the
> woman would have to break a law, even if only a light derabanan, in
> order for her husband to fulfil a mitzvah; this reduces the question
> to the already-solved one of rediyat hapat, where the psak is that
> "we do not tell one person to sin so that another person will benefit".
> (The chumra of 7 nekiyim seems analogous to the issur of rediyat hapat,
> which is not even a shevut; and the benefit to the second party in this
> case is only an asei, rather than being saved from an issur karet.  So
> it seems to me to be a kal vachomer.)

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