[Avodah] Yichus and IVF

Micha Berger micha at aishdas.org
Thu May 1 12:01:38 PDT 2008


On Wed, Apr 30, 2008 at 09:45:44PM -0600, Daniel Israel wrote:
: An interesting question came up at our Shabbos table recently.  If a 
: Jewish woman donates an egg for IVF to a non-Jewish couple, what is the 
: status of the child?  Is there consensus among the poskim on this?  Can 
: anyone point me to some good references?  Thanks.

RJR is correct - depends on the poseiq. AFAIK, though, the trend is
to ignore

In previous iterations of the topic (here? mail-jewish? scj(m)?) I
extrapolated from R' Dovid Lifshitz's shitah on maggots. The invisibly
small simply has no ability to cause a chalos.

Since then, I saw that the permissability of small bugs is associated
with the idiom "lo nitenah Torah lemal'akhei hashareis". I couldn't
decide if this was literal, or a quote lifted out of context to become an
idiom. But in any case, it wouldn't be RDL's chidush, then, to generalize
the kashrus of microscopic bugs to negate the significance of anything
a normal human being can't see.

One citation that was easy to find again was AhS YD 84:36. And he
explicates the deduction -- if the ayin einah sholetes bahem, they have
no mamashus.

The Chokhmas Adam (Bamidbar 6:3; found when looking for MMs for the above)
explicitly says that the Torah doesn't discuss things you can only see
with a magnifying lens. As a general rule.

R' Shelmo Kluger, shu"t Tuv Ta'am vaDa'as Tenina (Qunterus Aharon #53)
as well.


According to all of these, a human egg should be ignored by halakhah.

Unless one would argue that the pe'ulah causes the chalos, even if
the cheftzah is ignored. IN which case, who defined parentage in terms
of weilding syringes and implantation?

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 11th day, which is
micha at aishdas.org        1 week and 4 days in/toward the omer.
http://www.aishdas.org   Netzach sheb'Gevurah: What is imposing about
Fax: (270) 514-1507                            strict justice?



More information about the Avodah mailing list