Halakhah su Deuteronomio 23:3

Although most authorities do not fundamentally object to IVF, at least for married couples, several major problems do arise during IVF procedures,⁸See Rav Asher Weiss’s and Rav Gidon Weitzman’s essays in Techumin (23:220-230) regarding the performance of IVF-related procedures on Shabbat. Rav Weiss rules that the halachic status of choleh she’ein bo sakanah (victim of a non-life-threatening illness) applies to the couple (which entails certain leniencies, as we discussed in an earlier chapter), and Rav Weitzman cites many other authorities who share this view. Nevertheless, Rav Weiss notes that in practice, it is always preferable to perform all necessary procedures during the week, as halachic questions can arise during every step of a procedure on Shabbat. including procuring the husband’s sperm in a halachically acceptable manner, the permissibility of paying a woman to donate an ovum (if one’s Rav permits using a donated ovum), and concern for the possible mamzeirut (illegitimate status) of the donor (if permitted),⁹Concern for mamzeirut (described in the Sifrei’s comments to Devarim 23:3) could arise if we were to worry that the donor is a Jew born from an illicit relationship (other than nidah) punishable by kareit (such as adultery or incest). Rav Zalman Nechemia Goldberg, Rav David Feinstein, and Rav J. David Bleich all told me (in 1991) that we generally need not worry about this problem when doing IVF (see Techumin 10:281), as the majority of donors (rov) are not mamzeirim. Nevertheless, if we know for sure that a particular donor was a mamzeir, the resulting child would presumably also be a mamzeir (see Tzitz Eliezer 15:45). Rav Moshe Feinstein (Teshuvot Igrot Moshe, Even Ha’ezer 3:11) claims, however, that a man cannot transmit mamzeirut to children whom he fathers without a sexual act. Accordingly, were a mamzeir to donate sperm for IVF, the child would not be a mamzeir. However, other authorities give no indication of accepting Rav Moshe’s opinion. and the credibility of a non-observant or non-Jewish doctor’s assertion that he used the sperm and/or ovum of a particular person.

Authorities have also raised concern for mamzeirut regarding the Falash Mura (and all Ethiopian Jews), assuming that they were Jewish prior to their conversion in Israel. This concern arises because they did not practice the laws of Jewish divorce.⁶A mamzeir (described in the Sifrei's comments to Devarim 23:3) is any child born to a Jewish woman from an adulterous or incestuous relationship with another Jew. This creates profound problems for communities which do not perform proper gittin (divorce documents), because a woman who marries according to Halachah remains halachically married to her first husband until receiving a get. If a woman "remarries" without a get, this constitutes adultery, and any children born from this marriage are mamzeirim. A mamzeir is prohibited to marry anyone, Jew or non-Jew, other than a convert to Judaism or a fellow mamzeir. Regarding the Karaites, who similarly did not observe Jewish divorce laws, the Rama (Even Ha'ezer 4:37) forbids marrying a Karaite even if the Karaite repents and accepts the authority of the Oral Law. He explains that Karaites are considered possible mamzeirim (mamzeirim misafek)⁷It should be noted that a mamzeir misafek is treated like a mamzeir only on a rabbinical level (Kiddushin 73a), so once any other doubt exists, there is greater room to be lenient. due to the invalid divorces that they performed throughout the centuries. At first glance, it would appear that this ruling of the Rama should apply to Ethiopian Jews.⁸Not all authorities accept the Rama's ruling against marrying Karaites. See Radbaz (Teshuvot 1:73), Pitchei Teshuvah (E.H. 4:45), Yabia Omer (8:12), and Rav Eliyahu Bakshi Doron's essay in Techumin (18:77-83). Also see Tzitz Eliezer (12:66), citing Rav Tzvi Pesach Frank, and Rav Avraham Sherman's essay in Techumin (19:192-200), who prohibit Karaites from marrying Jews.

“On condition that I am rich, and found to be poor or poor and found to be rich”; “On condition that I am a Priest¹³¹The priest is the principle functionary in the divine services. They engage in cultic ceremonies which are conducted mainly in the Temple (in Jerusalem prior to 70 A.D.). In general the priest’s post is authorized by hereditary right and they constitute a distinct class separate from the rest of the people. The Hebrew term used to designate a priest is Kohen. According to sections of the Torah the right or priesthood is maintained exclusively for one family of the levite tribe, the family of Aaron.
In modern times the priest has the following privileges:
a) the right to be called first to the reading of the Torah.
b) the privilege of having the phrase, bi-reshut Kohen (with the permission of the Kohen) added to the Grace after Meals.
c) the laws prohibiting contact with the dead except for close relatives and met mitsva are in full force.
d) the laws prohibiting marriage to a Zonah, a halalah, a proselyte, a divorcee, a widow who has received ḥalizah are still in effect.
e) he is entitled to the priest’s position at the ceremony of the redemption of the first born male.
Reform Judaism does not follow all the traditional laws applying to a Kohen. and found to be a Levite¹³²The tribe of Levi was singled out as the servants of God in the Temple. They were chosen “in place of all the first born among the Israelite people” (Num. 3:40-43). Though priests came from one family of the tribe of Levi all Levites served as attendants to the Priesthood. The superiority of the family of Aaron over the Levites is clearly stressed in Exodus, Leviticus and Numbers. Since the destruction of the Temple the Levite has no special privileges except being called second after the Kohen to Torah, and washing the hands of the Kohen before the latter blesses the people. Their first born sons need not be redeemed. or a Levite and found to be a Priest;” Netin¹³³Usually non-Jewish temple slaves. Traditionally they were considered descendants of the Gibeonites. This group was considered a second type of those in the prohibited category. and found to be a Mamzer¹³⁴Usually translated as “bastard” but the true definition is found in Kidushin 3:12 “If she cannot contract a legally valid marriage to this man, but can contract a legally valid marriage to others, her offspring [from the former] is a mamzer. A mamzer is the issue of a couple whose sexual relationship is forbidden according to the Torah and is punishable by excommunication or death. A mamzer is also the descendant of a mamzer. According to Deut. 23:3: “A mamzer shall not enter the congregation of the Lord” and may not marry a legitimate Jew or Jewess. Legally the status of a mamzer is no different than any other Jew except with regard to marriage. The mamzer is eligible to hold any public office and he or she maintains their appropriate inheritance rights. or Mamzer and found to be Netin; a town dweller and found to be a city dweller or a city dweller and found to be a town dweller; “on condition that my house is close to a bath” and it is found to be far, far and it is found close; “on condition that I have a slave girl” or “grown daughter or a baker” and he does not have, on condition that he does not have and he has; “on condition that he has a wife and sons”¹³⁵(children). and he does not, on condition that he does not have and he does have; in all of these, or if he said I betrothed you to me with this cup of wine and it is found to be honey or honey and it was found to be water, for example that it was covered and she did not recognize it until afterwards, in all these and similar events even if she said “in my heart I intended to be betrothed to him,” even if the condition is not fulfilled she is not betrothed. It makes no difference if she accepts the betrothal; it makes no difference if she told the agent to accept for her with conditions and the agent changed it, and the same holds true if she deceived him, even if he said¹³⁶(afterwards). “In my heart I intended to betroth her” even though she fooled me, she is not betrothed. [Note: Except if afterwards she explicitly said so at the time of betrothal and the husband heard and was silent (Tur) and similarly if she deceived him (and he said explicitly, even if it was not the case) the betrothal is betrothal.] However if he married her¹³⁷(without conditions). and he said “I thought that she was a Kohenet and she is a Levitess,” or¹³⁸(I thought). a Levitess and she is a Kohenet, rich¹³⁹(I thought). and she is poor, poor¹⁴⁰(I thought). and she is rich behold she is betrothed.