[By Rabbi Yair Hoffman for the Five Towns Jewish Times]

Rashi in BaMidbar (16:7) tells us what Korach’s inner motivation was to dare argue with Moshe Rabbeinu. Rashi explains that Korach saw with Divine inspiration that he would have a descendant who was equivalent to Moshe and Aharon. That descendant of Korach, of course, was Shmuel HaNavi.

Shmuel HaNavi was born to Chana, who had davened desperately to have a child. The prayers of this tzadaikes were answered by Hashem with the birth of Shmuel.

That nais happened then – to Chana. But there is another nais that is happening now to hundreds and thousands of women that also yearn to have a child. That nais is called IVF – In-Vitro-Fertilization.

IVF treatment has been recommended and hailed by the leading Gedolim and Poskim of our generation and before. These Gedolei HaPoskim are Rav Elyashiv zatzal, Rav Vosner zatzal, Dayan Weiss zatzal, Rav Shlomo Zalman Auerbach zatzal among others. These are Poskim “asher mipihem anu chaim – we live from the rulings of their mouth.”

Their rulings are normative halacha.

Of late, there have been one or two Rabbis from Brooklyn that have opted to take a position contrary to that of theses Gedolei HaPoskim. The Poskim have unequivocally ruled that IVF is not only permitted – but is the fulfillment of a Torah Mitzvah. This article will discuss their rulings, and hopefully will serve to reassure those that have been made distraught and uncomfortable by the positions of those who have taken it upon themselves to dismiss the views of Klal Yisroel’s leading gedolim. Indeed, Rav Moshe Shternbuch in a letter appearing in Teshuvos VeHanhagos Vol. VI cites a letter from Rav Shmuel Vosner dated 23 Elul 5770 that states, “Heaven forbid for someone to be Motzi la’az on children born from this – they are fully attributed to their parents for all matters, one has fulfilled Pru Ur’vu with such children, and they may be circumcised on Shabbos if that is the eighth day.” Rav Elyashiv as well added his signature to Rav Vosner’s letter and that is dated on the 23rd of Tishrei 5771.

Our Gedolim have stated that Heaven forbid that this matter be questioned.

CHELKAS MECHOKAIK’S QUESTION

The essential source for the sugya of IVF is found in the Poskim that surround the Shulchan Aruch in the first chapter of Even haEzer which discusses the Mitzvah of Pru Ur’vu. The Poskim consider whether one has fulfilled the Mitzvah of Pru uR’vu if the siring of the child came through waters of a bathhouse, without direct contact between the two parents – even though they were clearly the parents. The Chelkas Mechokaik (EH 1:8) poses this question and remains unclear. The Bais Shmuel (EH 1:11) cites a proof that the Mitzvah is indeed fulfilled from the ruling of the Bach in Yoreh Deah. The TaZ (EH 1:8) disagrees with the Bais Shmuel’s proof, but does not necessarily hold that it is not a Mitzvah.

Dayan Yitzchok Weiss zatzal (Minchas Yitzchok Vol. I #50) rules that even those Poskim who hold that the child may perhaps not be attributed to the father in the above case would rule that it is attributed in the case of IUI Intra-Uterine – insemination. He rules in this manner because a maaseh is performed in the latter case, whereas that may not be the case in the former. There is no difference between IUI and IVF in this regard.

• This is also the ruling of Rav Moshe Feinstein zt”l in Igros Moshe Even HaEzer Vol. I #18.

• It is also the ruling of Rav Shlomo Zalman Auerbach zt”l as cited in Shulchan Shlomo Vol. III p. 99.

• It is also the ruling of Rav Shmuel Vosner zt”l as cited in Shaivet HaLevi Vol. VIII 251:11 and Volume IX #209..

• It is also the view of the Maharsham (Responsa Vol. III #268).

• This is not only the view of contemporary Poskim – it was the view of Rav Yehonasan Eipshitz as cited in his Sefer Bnei Ahuvah (Hilchos Ishus 16:6). He states that if it is clear that the pregnancy was from the husband – there is no question that it is considered his son and that he has fulfilled the Mitzvah of Pru Ur’vu.

The son of Rav Meir Bransdorfer zt”l writes (Haichal Horaah p. 309 cited in Refuah K’halacha) that since one fulfills the Mitzvah of Pru Ur’vu through IVF – his father’s view was that one is halachically obligated to do so. One should not that a friend of mine posed this question to Rav Elyashiv zt”l who answered that although it is a Mitzvah, one is not obligated to perform it because it is done in a different way than the Torah was discussing. Rav Moshe Shternbach in his approbation to Haichal Horaah also agrees with Rav Bransdorfer’s position that it is obligatory to undergo IVF.

RAV SHLOMO ZALMAN AUERBACH INCIDENT

To further back up this point, there is a fascinating incident that is cited in the Shulchan Shlomo (Vol. III p. 99 note 7). A certain individual who had not had children for the past eighteen years since he had married. He approached Rav Shlomo Zalman Auerbach and asked whether he was, in fact, obligated to undergo a procedure called, “ICSI.”

ICSI stands for Intra Cytoplasmic Sperm Injection which is an in vitro fertilization procedure in which a single unit is injected directly into an egg. It is more specialized than conventional IVF.

Rav Shlomo Zalman zatzal answered that in terms of the halachos and requirements of Pru uR’vu, he is exempt. He has done all he could and he is certainly not obligated to go that extra yard. However, there is another obligation at play here. Rav Shlomo Zalman said, “However in terms of the verse (Dvarim 24:5), “And he shall make his wife happy” – he is obligated in doing it so that his wife will have children.”

The man responded that prior to his coming to Rav Shlomo Zalman they had taken it upon themselves to accept that whatever Hashem wills will be good for them and that they have no desire to undergo extreme procedures unless they are obligated to do so.

Rav Shlomo Zalman answered, “Everything that she is saying, she is only telling you in order to placate you – but deep within her heart of hearts she certainly is dying to have children.”
Within a short time after this man had accepted Rav Shlomo Zalman’s opinion the home was filled with the voice of children.

It is hoped that this article will put to rest any questions that people may have on the issue of the IVF procedure. The overwhelming view of the leading Torah sages of Klal Yisroel have pushed IVF as a tremendous Mitzvah. Of course it is necessary to be done with proper shmira – one with a good hechsher. The Gedolim have further stated that Heaven forbid to cast aspersions upon this. It is this author’s view that we should be expressing hakaras HaTov to HaKadosh Boruch Hu who has enabled so many people to fulfill the Mitzvah of Pru Ur’vu. In the merit of the zealous observance of this Mitzvah, may we be zoche to the Yeshuah bim’heira b’yameinu. Amain.

The author can be reached at [email protected]