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Torah Yerushalayim: Posthumous Insemination & Progeny for Israel's Fallen Heroes | Rabbi Aschi Dick
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Okay, it is my incredible
to be able to introduce
Rabbi Ashi Dick.
Raashi is a popular Jerusalem based
Torah educator whose ou classes
including the from haka controversy to
contemporary norm series and weekly
presentations to the modin koboker and
modin area lunch and learn focus on
contemporary ala and Jewish thought.
He's the author of of respons published
as sh is which has been cited by
rehearsal has the at least the most
recent volumes of
his recorded address topics such as
brain death all the very simple
and raashi
as he will not disappoint this evening
is going to take on yet another
complicated and very sensitive topic ina
and that's a topic of postumous
insemination and progeny for Israel's
fallen heroes. Rabbi Dick Shir this
evening has generously been dedicated
anonymously in honor of the tireless
work of the U staff and the outstanding
U Mid Shirim. It is a great skill to
introduce Rabbi Ashi Dick.
>> Good evening everyone. Thank you, Rabbi
Sam, and the incredible staff of the OU.
Uh, if I had more time, I would try to
do that. Thank you justice. Good
evening, everyone. It's a pleasure to be
here. Pleasure to see all of you. Some
familiar faces. Uh, Rabbi Sam, you're
absolutely correct. A very complicated,
technical, and very sensitive topic. Um,
this reference sheet that you have
before you has approximately 100
sources. Um,
I have to confess that when I put
together the source sheet, it came out
to 200 sources. I said, I can't do this.
Uh, I'm going to obviously have a wide
ranging
uh audience, different levels of
scholarship. Some people have had a
yeshiva education, some people have not.
Um, I will try my best to make it
inspirational
and uh try to draw some conclusions
despite the technical difficulty and the
sensitivity of this topic. Uh, it's a
very appropriate title for this year,
our fallen heroes.
I want to just preface by quoting the
Shut Hamil. The Maril was the leader of
of German jewelry 14th century.
He quotes Rudenberg. Moram Murenberg you
may be familiar with um he the he was
rans he was put up for ransom and he
refused to be taken out of a prison he
died alkashem
so the maharil quotes the marami
rutenberg
as having given the
if somebody dies al-qashem dying to
sanctify the name of hashem no kadesh is
necessary
the marel writes Presumably the reason
is is because since they're so holy no
kadesh is necessary.
The kadesh is to uplift the soul to
sanctify the soul but if somebody diesem
there's nothing greater than that and
there's no way that kadesh could be
said. I would not say that this is I
wouldn't say that we should now not say
kadesh for anybody who died alkashem the
maril disagrees. He says there's always
greater greater levels that the nishama
that the Jewish soul could rise to.
However, I think that the opinion of the
Mamamei Ruenberg definitely illustrates
a very moving point. Often times people
will begin this year by saying this is
leu nishmas. This is for the elevation
of the fallen soldiers.
For me, I rarely say that not because uh
the thought and the sentiment doesn't
resonate with me, but because I feel
that these soldiers are so great. I
don't think that they need an
uh if anything, we should be thinking
about the heroism that we should have in
that we can learn from their ways and
that we the living could elevate our
nishas. Like I've used to say to people,
oh you're making aliyah. So he says, may
the aliyah have an okay so that's just a
bit of a preface. Now
um part of the issue that illustrates
the tragedy is the issue tonight
insemination. A lot of these soldiers
are dying childless. It's absolutely
heart-wrenching. I have mentioned to the
attendees of my various shirim that it's
difficult for me to make the trip from
Har to Talbia or to Raavia or wherever
else I'm giving this year because along
the way I am seeing pictures of hostages
and pictures of fallen soldiers. So
we're living in very difficult times.
it. There are many mixed emotions
because Rabbi Goldam
used to say that if I want to see Hashem
I go to Mahud
is coming alive but there are a lot of
birth panges. Okay, we're in the process
of the birth of the gula of the
redemption. All of Israel is coming back
but the birth panges are difficult to
deal with. So a lot of mixed feelings.
This issue again as I said highlights
the issue of young soldiers dying
leaving young widows
and there have been cases already where
the widow requests to be impregnated
prostimously
uh using the seed of her late husband
and this has raised a stormy
controversy. The newspaper Bashva has
already run at least three or four
articles. Some rabbis are saying that
this is a good thing. Some rabbis are
saying that this is something
problematic.
Some of the popular arguments is that
how can you bring a child into the world
if he's going to be born an orphan.
One rabbi that thought that this was a
compelling argument was Rabanovich
Goldberg. All of a sham rejected the
argument. He said, "We don't make up
prohibitions that have not been codified
in Jewish law or that do not find a
solid source in Jewish law." He gave a
very humorous mushel from the Dubna
Magged.
The Dubna Magged quotes the Mishna in a
we know.
You are born without having chosen to be
born.
You will leave this world whether you
like it or whether you don't
against your will. You're going to have
to give an accounting after your
passing. How did you live your life?
Were you a good person? Were you an
honest person, a loving person?
So the mag gives a marshall a parable.
you in town in the you had a blind man
and a deaf man and a renowned doctor
came to town.
It was told that this doctor could cure
the blind and could cure the deaf. So
these two men ran to the doctor.
But here was the catch. The blind man
had a wife who was not very pretty.
Okay, she had other qualities but that
was not her quality but she was a
sweetheart.
Okay, and the blind man was very happily
married. The deaf man had a beauty queen
as a wife but she used to scream a lot
but he was very happy couldn't hear her.
The blind man is cured now we can see.
The deaf man is cured. Now we can hear
and their lives become miserable.
Because the blind man is looking at his
wife and says, "Oh,
who did I marry?" The deaf man starts to
hear his wife's screaming all the time.
He says, "O, I can't handle this." So
they take the doctor to a diner
and they say, "Look, you cured us, but
you turned our lives into hell, so we
don't want to pay you or we want a
refund."
So the doctor said, "Fair enough. No
problem. I'll give you a full refund,
but you the blind man, I'm going to make
you blind again. And you, the deaf man,
I'm going to make you deaf again." And
they said, "Oh, no, no, no, no, no thank
you." So the rabbi said, "Okay, thank
you very much. You pay your dues." Okay.
In other words, basically, you prefer to
be able to see. You prefer to be able to
hear. And uh Rabbi Zman Goldberg uses
this marshall uh to explain why if
somebody's born and wants to live, you
can't say that his birth was not
meaningful, that his birth was not
desirable just because he is born into
circumstances that are not ideal. The
fact is is that if any of these orphans
were born, surely they would wish to
live. I mean under normal circumstances.
So
Zalma Goldberg does not find merit in
that argument. There have been other
issues that have been raised regarding
the issue of cav
is respectful to the body if they need
to extract extract the seed the sperm
posimously. Is that a disrespect to the
body of the mace? Some people argued
it's disrespectful. Some have argued
it's not disrespectful. Uh again there
was a story uh written in Rabbi Gorin,
Rabbi Schlomorin the unforgett
forgettable chief rabbi of Israel and
chief rabbi of the IDF. He has a a
beautiful book of memoirs called Bugv. I
encourage everybody to go out and buy
the book if you haven't yet done so.
It's a very nice work. And in one of the
chapters there, he describes how uh
shortly or actually in the midst of the
1948 war of independence, he managed to
attain permission from the Jordanians to
go behind enemy lines to retrieve the
bodies of the Kadoshim, the fallen
soldiers from Gushkatif, the Lamv, those
great soldiers. And uh Rabbi Gorin said
he managed to get behind the enemy lines
and there was a lot of work. He had to
get the soldiers of the bodies of those
fallen soldiers and put their bones in
the caskets and he tried to line up the
bones as respectfully as he could.
And uh he saw that the coffins were
being shifted were being moved around
and the bones got jumbled. And as the
day came to the end, he broke down
crying because he felt that he may have
disrespect. He may have acted in a way
that could have accorded more respect to
these fallen soldiers.
He said that he had a min. Rabbi Goran
used to learn a seven da or seven and a
half da from the Talmud Bavi another
seven and a half daff from the Talmud
Yoshalami so that he could finish all of
Shas every year. Now he was a busy man.
He was going behind enemy lines trying
to get back bodies of soldiers. Uh he
was a general in the army. He had the
entire IDF to run. So he says he had a
little garum a bi and your shami and
when he was on the jeep he would learn
those garumaras those black garumaras if
any of you think the dafomi is too
challenging okay he used to learn seven
daff of babi seven daff of your shami
and uh that day was no exception after
having worked the entire day to get the
bodies into the coffins he sat down to
learn his seven daff of babi and his
seven daff of yalmi
and then he was learning
Uh now the it's quoted in the reference
sheet I think uh if you want to see I
will apologize that the referee will be
jumping around a little bit tonight
because we don't have time to go through
all the references that will be your
homework. uh 71 in the reference sheet,
the mission inculum talks about which
vessels
found in Jerusalem could be assumed to
be tahor, could be assumed to be
ritually pure and which vessels have to
be assumed as being non pure. Okay, as
being uh impure
and um the garra says all vessels you
can assume they're pure. Again, purity
and impurity was a major issue in those
times. If you go to the southern
excavations or almost anywhere else in
Israel, Msada, you name it, you will see
mikvahot ritual baths everywhere because
everybody needed a ritual bath if you
wanted to eat uh from the carbonote. If
you were a cohen, you needed to be pure
all the time so that you can eat from
trauma. And anyways, anybody who was
considered a who was considered a pious
religious person would always try to be
pure whenever he could. So that was a
major part of life. Today obviously it
is not such a central part of our lives
but back then it was. So you can assume
that any vessel that is found you can
assume that it had been into it been uh
immersed in a mikvah. You can assume
that that vessel is pure. that people
don't allow non-pure utensils lying
around.
So the exception
is these three vessels, the s the
basket, the mraa and the marit. Now
these are utensils or vessels that are
used for transporting the bones of the
deceased. Uh the Oshami tells us they
used to bury the deceased in one
location and then when the body
decomposed they would take the bones and
transported to the ancestral burial
plot. So these were vessels that were
used for transporting the bones. The sal
is a basket. They used to carry the
bones in the basket. A graphi is a kind
of a shovel that they used to use for
moving the bones from one vessel to the
other vessel. And the marita now there's
a little bit of ambiguity. What does the
marita mean? And we'll quote the opinion
of the Rambam in this parish of Mashia
which is number 72 in the reference
sheet where the Rambam describes how
this Marissa would be used for breaking
the bones
of the deceased so that they could get
into the basket. That is also the
explanation of the miri number 73 and
number 74. Rabbi Oadar Turo the two
Pharisees scroll number 75 in this
reference sheet finds this explanation
extremely perplexing he says you're not
allowed to break the bones of somebody
who's passed away that's not respectful
to the mace it's not respectful to the
corpse why on earth were they breaking
the bones of the deceased
so number 76 in the reference sheet
which is the Radvas Rid Iban Ezra who
was the head of the B in Alexandria
approximately 500 years ago. He says the
reason why it's permitted to do so again
the two Pharisees lived uh
three centuries after the so he didn't
see the but had he seen this radvas he
would have not had this difficulty the
and I'm put that point I put those
points in bold he says
we're allowed to break those bones
to take them from one location to the
next
we can assume to you.
They wouldn't do so
just because it was necessary to give to
give honor to the deceased because it is
the honor of the deceased to be able to
be buried in his ancestral plot. So
therefore, we have permission to even
break the bones if that's what gives
honor to the deceased. Rabbi Gorin
learned this Mishna. He came across this
a piece of Talmud
on the evening after he had spent the
day transporting the bones of these
fallen heroes after having broke after
having broken down crying because he
felt that he maybe didn't treat them
with enough respect. And this is the
Mishna. This is the piece of Tamil that
Rabbi Goran came across and he said that
was a sign from heaven that told him
what you're doing is approved of in
heaven that you're doing the right thing
and the fact that the bones shifted
around or may have been not treated with
as much respect as had hoped for there's
nothing to worry about. He was doing
this work shayim. So how does this
relate to our topic tonight? Um
sometimes according to certain claims
sometimes uh maybe even a certain body
part of testicle might have to be
removed from the deceased soldier in
order to improve the chances of
inseminating the deceased. So some
people say that's not allowed. You're
not allowed to do that. Well, if it
gives honor to the deceased, then it's
okay. The eshkal says that the greatest
honor that you can give to a person is
by giving him progeny. Okay? Okay. And
that's the title of tonight Shir um
right progeny and legacy for Israel's
fallen heroes. Okay. Yeah. Insemination
of progyny for Israel's fallen heroes.
So we have a lot of talmudic sources. I
can provide them with you but we don't
exactly have the time. But it's
certainly logical that to give somebody
who has passed away to give progeny to
give him continuity so that his name
will carry on. That is the cavod. That
is the honor of the mace. And we have a
very compelling case coming from this
Mishna that we learned about breaking
the bones of the deceased in order to
give them honor. By that same token, we
should be allowed to even remove a body
part if necessary in order to give honor
to these great people. So I think that
this issue is really a non-starter.
Um I've written to postkim they accept
my argument. They agree and there are
many more proofs to this. So one issue
that was raised about bringing a child
into the world uh as an orphan that's
something very subjective it should be
the choice of the parent should be
choice of the mother we don't have any
source for that
goldberg rejects that argument with his
humorous mshel which actually explains
the mishna which says
you are created against your will you
pass away against your will and you're
going to have to give a den
Why? Because a person could get get up
there and say, "God, you didn't ask me
if I want to be born. So you can't hold
me accountable for uh my actions." He
says, "Did you want to live?" Every
said
remember us for life. Most people do
want to live. So if you wanted to live,
you can't claim Hashem, you didn't give
me a choice about being born or not. You
wanted to live. So therefore, you also
have to give an accounting for your
actions.
the same way that these two people, this
deaf person, this uh blind person would
have to pay the doctor because that's
what they wanted. If you wanted to see
and you wanted to hear, you can't
complain that your life deteriorated as
a result of being cured. Okay? Now,
there's one, and this is going to be the
most technical part of the shar. So, I'm
going to try to simplify it as much as
we could, but bear with me. Okay. Number
one in the reference sheet, this is a
very bizarre account in the Talmud.
Uh as we know the kong needs to marry a
bata, a virgin and the Gmorra discusses
the bizarre case in
Bett
in the bath. Okay. Now scientifically
that's probably
close to impossible. Um I don't know if
there is any uh recorded medical case of
a woman getting pregnant in this way. Um
the Rashbates who was the chief rabbi of
Northern Africa 800 years ago claims
that this did happen in his community.
He was even asked about it. So it's
probably extremely unlikely. But
actually the discussion has great
ramifications for the whole topic of uh
IVF in vitro fertilization and the topic
that we're addressing tonight. Um the
Gumar discusses about a woman getting
pregnant in the bath but she's still a
virgin. Can she marry a coal? The
conclusion of the garumar is that she's
still a virgin. She's allowed to marry
the high priest the coangut. Okay.
Number two. Okay. I know this is going
to get a little bit more bizarre. the
Bach intu
parrot. Raenu Paris was a French scholar
from the reishonim at the end of the
period of the rishonim
and he says that a woman should be
careful about lying about lying on a bed
sheet where another man lied because she
might get pregnant. Okay, I know this
sounds even more bizarre than the
previous case. Now forget about the
scientific probability of such a thing
happening. It carries great import and
this is why says Rabz
if a woman gets pregnant and she's under
the assumption that she got pregnant
from her husband but she really didn't
get pregnant from her husband she got
pregnant from another man because she
lied on his bed sheet. Okay, excuse the
bizarre insensitive uh nature of this
topic. We have a problem. She's going to
give birth to a child. Let's say a girl.
Comes time for shidim. She's gonna find
a nice boy. They're going to get
engaged.
She may not be under the impression that
that boy to whom she got engaged is
actually her brother. Why? Because that
is the son of that anonymous sperm
donor. Okay? Who actually
unintentionally
impregnated this woman's mother. So this
uh boy and girl who are brothers and
sisters are going to get married. Okay,
that's the unbelievable proposition
coming from the Rabu parents. Now, why
does this have relevance? Because it
tells us the first step in understanding
this complicated issue. That is that a
person is considered the father whether
he impregnated his wife through uh
natural means the common way of
impregnating a woman or if it was done
in vitro or
not through a unification not through
relations between a husband and a wife.
So he still has the the status of aik
father. Um why? Because this point was
debated, right? Because some rabbis did
come along and say, "Hey, we know
biologically the father is whoever
provided or from the the the person from
whom the sperm was extracted." That's we
don't have any questions about who the
biological father is. But who is the
father? Maybe in hala you need to have a
child through the common way of having a
child, a unification between a man and a
wife. Uh maybe that's what you need in
order for somebody to have the status of
the father comes per through this very
bizarre case and tells us no you have
the status of the father even if it
didn't come even if the pregnancy did
not come as a result of intercourse.
Okay is that clear so far? Okay, let's
move on.
Here we get a case from the no to be
huda.
Tragic case
number three in the reference sheet.
There was a woman from the Kahila of
Gdong. I don't know where that is. Not
relevant for tonight's discussion.
Uh unfortunately her husband was ill
uh and passed away.
Now the child was this was a young
couple married for seven years.
They did not have children.
And then after her husband dies, she
gets pregnant. And nine months exactly
after her husband's death, she gives
birth to a beautiful baby girl. Okay.
Now rumors start to arise. How did this
woman get pregnant? So she says, "Well,
I went to mikvah. I had relations with
my husband on the 28th day of ER. He
passed away on the 29th day of ER."
So rumors started to
people were whispering. He was on his
deathbed.
He was surrounded with people. How did
you have a a moment to be intimate with
your husband?
and you weren't able to get pregnant for
seven years and all of a sudden you
managed to get pregnant and not only
that we saw you go into the carriage the
agala and there was a young man there
and maybe he was the one that made you
pregnant. Now why was this so important?
Not just because you want we wanted to
know if the daughter was the daughter
the biological daughter of this deceased
man because this man died and left one
brother who was three years old. Now as
we know there's an obligation of khalita
that if a man dies childless there has
to be a khalita or a yum performed by
the brother of the deceased childless
man. Okay. Now, there's one brother.
He's three years old. In order for him
to perform a kosher khalita, you have to
wait to the age of 13. That means this
poor woman is going to have to remain an
auna for 10 years until her husband's
only brother grows up so that he can do
khalita.
So, she says, "I don't need to do
khalita because my late husband gave me
this beautiful baby girl." And they
said, "Well, I think you do need to do
khalita because your husband doesn't
have offspring. That little girl came
from the boy in the carriage." Okay. So,
they send the Shilah to the Behud. The
Buddha says, "Leave this woman alone,
right? She's innocent. Uh, all those
claims made against her are totally
unfounded." So, she went into a carriage
with a boy. For heaven's sake, you're
not going to question the the
presumption of innocence just because a
woman once went into a carriage where
there was a guy there. So, forget about
it. He says he was on the deathbed. So
what? Okay, that doesn't mean that he
could not have impregnated her,
especially if she want if she made
efforts to become pregnant so that she
shouldn't have to wait 10 years for her
husband's only brother to make her
pregnant and excuse me, for her
husband's only brother to either perform
even more.
So the um no says this woman is innocent
leave her alone. Anybody who makes any
claims that this little girl of hers did
not come from her deceased husband is
being multi-ishra. We talked in the
previous sh about the importance of
lashhara and how words can damage and as
you can imagine this woman after having
lost her husband right is obviously
griefstricken and now she has to deal
with liel. So the bihuda says I want
these rumors to cease immediately. says
the however I have another issue.
She went to make she had relations with
her husband on the 28th of ER.
The husband dies on the 29th of ER.
She says the inception may have occurred
only after the death of her husband.
Okay. Uh a sperm could remain viable for
up to three days. According to the rabbi
science says three days, maybe in rare
circumstances up to five days. She may
have had her ovulation even after her
husband died and there may have been
unification by with the oam and the
sperm after her husband was dead. That
means that when the husband died there
was no offspring.
Now he says I have no doubt that this
girl is the child of the deceased man.
In other words, she's entitled to her
father's inheritance or her inheritance.
She's entitled to her father's estate.
that I have no doubt about. She is
definitely the child. He says that I
have no questions about. But maybe there
still is an obligation to perform
because at the time of the death there
was no offspring. Are we following this?
I see some faces.
>> Rabbi, I need a a a watch. I don't know.
I don't have I don't know what time it
is.
I have 10 minutes.
>> 15.
>> 15 minutes. Great. I'm going to give the
most complicated topic in Allah I ever
gave in 15 minutes. Yeah.
>> Correct. Says the it was a very nice
theory of mine,
but it's wrong. Okay. Because the only
thing that the Torah really cares about
is when you get to the final chapter of
this story when you look at the end
result. Has this man left offspring? Yes
or no? So even though when he died, he
was totally childless.
But the fact is that eventually we come
to know that this man
has offspring. So therefore there is no
obligation of yum and khalita and that
has been the unanimous opinion of
alaposkim. Everybody accepts the final
ruling of the meaning to say everybody
agrees that the bura's clever argument
or his clever havina is incorrect.
Okay. So therefore the Torah cares does
this man have offspring? Does this man
not have offspring? We don't look at the
time of the death, but we look at what
eventually happens. Okay? And uh there's
a lot of proofs to that. They're very
complicated.
Maybe I'll try to illustrate one of the
proofs. Okay?
Uh I'll bring one proof that isn't very
compelling, but it's a very clever
proof. Um we know that uh Boas lifts
with root.
Uh, right. The medish tells us that Boaz
died the very night that he lived with
root. And the Torah tells us Yehuda, the
king of Judah has to be from the
offspring of of Yehuda.
>> What
>> the Torah tells us that the king of
Israel has to or the king of Judah has
to come from the offspring of Yehuda.
Okay. So David had to be from the
offspring of Yehuda. Boaz was a
descendant of Yehuda. David was a
descendant of Boaz.
Again, Boaz lived with Roose. They had
the child oved who had the childish who
had the child Davidid. So you see that
even though the conception
uh may have happened after Boaz's death,
Boaz lived with Rouse and died that very
night, you still see that Dovavid is
considered the offspring of of Boaz. And
you see there was no obligation of
Khalita. Okay, so that's a kind of an
interesting proof. It's not the best
proof in the world, but it definitely is
a very interesting proof. Okay, now I
want to move to part three of this year.
Okay, this is going to be the most
difficult part of this year. I hope so
far things have been clear. Uh number 17
in the reference sheetto
if the yum right is actually performed
somebody marries the widow of his
deceased brother.
So he's entitled to the entire
inheritance.
Okay,
that's what the Mishna tells us. It
says,
the Torah tells us, which means to say,
not only does he take the widow to build
the legacy of his deceased brother, he
also is entitled to the entire estate of
his deceased brother.
The Gomorrah explains as we said
now that was the argument of the
daughters of if you recall Rash quoting
the Gomatra
that said look if we're considered
offspring
to uh exempt our mother from having to
perform meaning to say our father is
considered to have left offspring
because we're alive because we live so
therefore for we should also receive the
inheritance. That's what they're saying.
We should also get a portion in the land
of Israel because of our father. So
what's coming very clear is that the
whole issue of taking the inheritance of
being an heir being a a child being
child and the obligation of are mutually
inclusive they are completely
interdependent.
uh you cannot have a reality where
somebody has aic offspring and as we
said it's unanimous and even the agrees
that even if a child is conceived after
the death of his parent he's still
considered the hakik offspring and he
will be entitled to inherit his late
father who he never met. In fact he was
conceived after his father had passed
away but he's still the
uh heir. He's entitled to his father's
inheritance. That means that he must
also have the capacity to exempt his
mother from the obligation of Imal
because inheritance and the obligation
of Imah are two realities that are
completely mutually inclusive. Which
means to say that if the woman conceives
after the death and um she gives birth
to a child, this child is the offspring
of the light man. the child is going to
inherit his late father. That means he
also has the capacity to exempt his
mother from khalita. So therefore I make
the argument and a number of rabbis have
agreed with me, a number of rabbis have
disagreed with me that if a woman is
posostimously inseminated which is an
issue that we deal with today because
there has been a number of requests
coming from the widows of fallen IDF
soldiers to be impregnated with her
husband's sperm that have been frozen
that have been uh preserved. So just as
those children will inherit their
father, those children will also exempt
their mother from khalita. Okay, that's
the argument. I may I'm giving you just
a few proofs, but there's a very long
discussion we can get into, but we don't
have the time. Is this clear so far?
Would anybody like to ask any questions?
>> Organ donations.
>> Correct. Why couldn't be allowed to
donate
this sperm as a quot organ?
>> Yeah, we have no issue. I I I maintain
the humble position that it is
permissible to to impregnate the one
posimously if if that was the express
wish of the deceased soldier and that is
also the wish of the almana. Zam
Goldberg says as long as we can
establish a a compelling case that this
fallen soldier would have liked his seat
to be usedly and that is also the desire
of the widow. So there is problem with
that. We don't have any alic issues with
it. Some people raised the issue of a
child being born into orphan orphanhood.
We already discussed that. That's not an
issue according to Goldberg. We
discussed the problem of hame. Is it
considered disrespectful to the body to
extract the sperm posimously? We'll get
into that discussion if we have time.
But we're saying that no, anything
that's done to give honor to the
deceased is something which is
permissible and encouraging.
Okay,
here comes the issue. Until now, we've
discussed a case where the soldier
donated his sperm while he was still
alive, which means to say that the sperm
came from a living body. Are we going to
distinguish that with a case where the
sperm was taken from a dead body, where
the sperm was extracted after the man
died? There are a number of host that
would like to make that distinction
and I heard that I think Rabbi Yakob
Ariel wants to make that argument that
yes I will acknowledge that if the sperm
was donated during the man's lifetime I
will agree that that child is the
offspring we're making the argument here
tonight that he would also have the
capacity to exempt his mother from the
obligation of khalita
uh the question is do we distinguish
that with a case where the sperm was
taken from a dead body now say no if it
was taken from a dead body. So he wasn't
alive. So as a person who was not alive,
he didn't have that capacity to confer
his uh his offspring or his status as
the father to the sperm. Is this is this
argument clear? Okay. Um I wrote to a po
I made the argument that there is no
such distinction. I wrote to a very
important post who lives in London. He's
the author of the ARI. He agreed with me
that there is no such distinction. I
brought a proof. Some people very
strongly disagree with his proof
including my own rasha. But I'm going to
present the proof right here. A girl if
she was seduced, excuse the sensitive uh
nature of this topic. I try to say it in
the most respectful way but if a girl
was seduced under the age of 12 and a
half so I know bit controversial in
today's terms but back then the Torah
considers the age of majority 12 and a
half so she was seduced the seducer has
to pay a penalty now if the if the
penalty is collected before the age of
12 and a half since she is under the
jurisdiction of her father she her
father is her guardian so therefore the
father takes the kass the father takes
the penalty but if the penalty is paid
after the age of 12 and a half the girl
is entitled to the kass now the garra
raises an issue what happens if the girl
died okay so uh and had she been alive
she would have reached the age of 12 and
a half
okay so in other words by the time the
penalty was leveled and collected the
girl is no longer alive but had she been
alive she would have been 12 and a half
so that's the kakira the Talmudic
discussion of y beggar bever how do you
define broo how do you define reaching
the age of majority does that mean that
you have been born 12 and a half years
ago or does that mean you have been
alive for 12 and a half years and then
kamina it would be if this woman if this
girl was born 12 and a half years ago
but she's not alive so she hasn't lived
for 12 and a half years it's a
discussion how do you define broo but
one thing is certain and I extract the
following principle even if somebody's
not alive anymore that doesn't mean that
his reality doesn't affect what's going
on in this world and doesn't mean that
his status doesn't have relevance in
this world. If a girl if the gumar
entertain the possibility that a girl
could be considered to have reached the
age of majority even though she's not
currently alive but had she been alive
she would have reached the age of 12 and
therefore therefore it's considered her
kas and not her father's kas. So
therefore, even if a man has passed
away, there's no reason why he should
not be able to confer the status of
fatherhood or
receive the status of fatherhood. Are we
following the argument? Okay. So that's
uh that's the argument I make. In my
humble opinion, I don't think there's
such a distinction to be made. I'm going
to figure How much time do we have?
Huh?
>> Okay. So I'm just going to figure out
there's a major issue in in
teaches us an important principle that
is invalidated
until you know the final verdict until
the final result is known. Meaning to
say until you know with absolute
certainty whether this man is going to
leave offspring or not the khalit is
pul. So therefore if a woman was
pregnant and we the whole situation was
pending her husband dies childless but
she's pregnant okay and we don't view a
fetus as a nephesh okay abortion in
Judaism is forbidden because it's a form
of self-injury we agree with the
progressive argument that it's a woman's
body a fetus is a woman's body we agree
with them where we disagree with them is
that they say if it's a woman's body she
can do what she wants our argument is is
that you can't do what you want with
your own body and abortion is a form of
self-injury. So, it's your body, but if
you abort, you're considered to be
engaging in a form of self-injury. So,
we don't view a fetus as a nephesh. So,
therefore, fetus in a woman's womb
should not really have the status and
doesn't really have the status to exempt
her mother from khalisa. The fetus is
not considered to be causing the late
father to have left offspring. But the
situation is pending. We have to wait
and see. Is this child going to be a
viable child? Is this m is this woman
going to carry out with a full
pregnancy? And teaches us a principle in
Islam that so long as the reality is
pending. We don't know yet is this uh
person going to have offspring in the
world or is this person not going to
have offspring in this world. We need to
wait and see. The Torah teaches us a
love. There's a special scriptural uh
understanding that teaches us you have
to wait until there's finality until you
know exactly whether this person is
going to leave offspring. And therefore,
I'm making a very provocative argument
tonight, and a lot of people disagree
with me that as long as there's a sperm
sitting in a freezer frozen that
continues to have this situation
pending, it keeps us in a situation of
doubt. We don't know whether or not this
man is going to have offspring or not.
There's a sperm in the freezer. We might
take that sperm and we might impregnate
his widow. We don't know if this man is
going to have offspring or not. That
would invalidate the khalita.
In ancient times, it took nine months at
most to know if this man was going to
leave offspring. Today, thanks to modern
medical technology, it could take years
until we know if a man is going to leave
offspring if his sperm is somewhere in a
freezer.
We follow that. So, this is a major
issue. Nobody has raised this issue and
I'm uh I'm I'm engaged right now with
written correspondences with the Galia
Poskum about this issue that in ancient
times we said we have to wait until we
know with absolute certainty and until
we know irreversibly that this man is
not going to leave offspring that took
nine months in ancient times today it
could take years this is a major issue
that I'm raising tonight and uh there's
a lot of discussion about it I'm just
raising a new issue here uh it's up for
discussion and I'm happy to do so if any
of you are interested in any in any case
um again as I began this year in my
humble opinion the fallen soldiers are
so holy uh I'm moved by the argument of
the Rudberg that if somebody dies he
doesn't need kadesh we don't
but that was the position of the so the
soldiers don't need an ilama as much as
anybody they are the ones that that need
that ilama less than anyone else because
their souls are so holy. But I will
dedicate every word of Torah that's
learned tonight and uh and every prayer
that's made that we should not hear
anymore of any fallen soldiers. Okay,
that is my most heartful prayer and the
prayer of everyone in this room that we
should not hear a single case of any
more soldiers. That is enough. We've
we've seen there will be no more fallen
soldiers and we'll see the hostages and
all of Amish will have every Yeshua that
they need. That's our heartfelt prayer.
Ashva, thank you.