The Use of Cryopreserved Sperm and Pre-embryos In Contemporary Jewish Law and Ethics
Richard V. Grazi, MD
Corresponding author:
Richard V. Grazi, MD
Division of Reproductive Endocrinology
Maimonides Medical Center
Brooklyn, New York 11219
FAX: 718-972-5871 ####
Joel B. Wolowelsky, PhD
Department of Jewish Philosophy
Yeshivah of Flatbush
Brooklyn, New York 11230
Abstract
We report here on the use of cryopreserved sperm and pre-embryos in contemporary Jewish law and ethics (Halakha).
Introduction
In 1990, the Ethics Committee of the American Fertility Society
1published a comprehensive reaction to the Roman
Halakhic Judaism
Like Roman Catholicism, Halakhic Judaism looks to its religious sources rather than public consensus in developing its moral positions. It posits a dual legal structure, asserting a universal human morality, which it sees as binding on all people, and a specifically Jewish system, which is generally more stringent but which is applicable only to Jews. The basic sources for the investigation of the traditional Jewish position on any ethical or legal issue are the Bible, the Mishna and Talmud, and universally accepted codifications such as Maimonides’
Mishneh Torah or Karo’s later
Shulhan Arukh . Some issues associated with artificial reproduction have been discussed from Talmudic through contemporary sources, and Hebrew and English summaries of these discussions exist.
9-11 But most of the current issues center on problems that arise from applying new technologies, and these must be addressed by contemporary rabbinic scholars. Unlike the situation in the Roman Catholic community, halakhic rulings on current issues cannot be promulgated by any central authority, as there is no formal hierarchical structure to the various rabbinic authorities and courts currently functioning.
Positions on prevailing issues are developed by circulation of responsa (rabbinic rulings) to questions posed to various rabbinic authorities. As Lichtenstein
12 notes, “A sensitive
posek [halakhic decisor] recognizes both the gravity of the personal circumstances and the seriousness of the halakhic factors… He might stretch the halakhic limits of leniency where serious domestic tragedy looms, or hold firm to the strict interpretation of the law when, as he reads the situation, the pressure for leniency stems from frivolous attitudes and reflects a debased moral compass.”
Further reading:
Contraception
by
Tirzah Meacham (leBeit Yoreh)
One of the major sources dealing with contraception is
Tosefta Niddah 2:6: “[T]hree women use a
mokh (contraceptive absorbent):
Contraception by Tirzah Meacham (leBeit Yoreh)