5408 —היתר בדיקת זרע לפוריות ושיקולים הלכתיים

B"H, 29 Nissan, 5717.

Brooklyn.

Shalom u'Vrachah!

Your telegram was received requesting an answer to your question, and apparently the intention is regarding whether it is permissible to take sperm for testing in order to determine the proper treatment for having sons and daughters. In general, it is not my place to rule on halachic questions, especially in such matters. I have stepped out of my usual boundaries here because of a directive from my revered father-in-law, the Rebbe. He was once asked about sperm testing at the doctor's request as above, and he answered: "Because you want children, you must be self-sacrificing." However one interprets these words, it is understood that the ruling is—to test. In such matters—if one wishes to be stringent—it becomes not a matter of permission but of obligation; that is, those who are stringent upon themselves—without a sufficiently strong basis—not to allow sperm testing in such cases must bring proof. Even though due to the moral laxity of our generation there is room for doubt whether this ruling should be widely publicized.

There are several ways to collect sperm: (a) from the husband; (b) from the wife by placing a sponge in that place before intercourse and then bringing the sponge to the doctor; (c) not using a sponge but rather collecting the sperm from the womb after intercourse. According to what is brought in Shu"t tzt"z on Shulchan Aruch Even HaEzer section 29, it is clear that the third method is preferable according to halachah over method (a) and even over method (b) (where there might be an assumption that it is like emitting on wood, etc.; additionally, many doctors are not satisfied when sperm is taken from a sponge). Therefore, you were sent a telegram agreeing with your reasoning in your letter—to collect for testing from the womb after intercourse as usual.

It is known that there are later authorities who are generally stringent in this matter—especially those from Hungary—even regarding what is discussed in Shu"t tzt"z there. But (in addition to the fact that nowadays fear of Heaven has diminished overall—a stringency here meant to increase purity and prevent forbidden emission could lead to opposite results since moral laxity has increased; therefore even among Hungarian rabbis in recent generations they have begun to be lenient—and regardless), we have only "the word of the king—who are kings? The rabbis!"—our leader, the Rebbe tzt"z—from whose waters we drink and by whose light we walk.

Additionally, some suggest that if permission must be granted in such cases—it should be done by placing a rubber sheath or similar on the organ; those who lean toward this view are specifically among leading halachic authorities. But in my opinion—and with all due respect—I do not see any logic in this approach since it is not the normal way of intercourse. I was pleased when I found this reasoning also cited in responsa.*

Blessings that the Creator and Ruler of the world should bless you and your wife with all your heart's desires for sons and daughters very soon, in the best way possible, and may you raise them to be chassidim who fear Heaven and study Torah.

Awaiting good news,
M. Schneersohn

P.S. Regarding what you wrote at the end of your letter about being distressed because Ploni Ploni shiyichyeh is upset with you for entering etc.—it is already well known what our master Rabbi Schneur Zalman demands in his Iggeres HaKodesh at its conclusion: "As water reflects a face..." In this matter it does not really matter who initiates positive change; either way it will cause reciprocity "as water reflects a face..."

* Some of these opinions are brought in Otzar HaPoskim vol. 9 p. 114a; see there regarding this topic (86a ff., 103b ff.).

Summary

The Rebbe writes that while some authorities are stringent about sperm testing for fertility purposes, halachic precedent supports permitting it under certain conditions—especially when following proper methods—and stringency without strong basis can be counterproductive.