8924 —חששות הלכתיים בניתוח ערמונית, אשך טמיר, ואימוץ ילדים

Shalom u'Vrachah!

I see it as my duty to emphasize the significant breach prevailing in the areas discussed in these sections of Shulchan Aruch Even HaEzer, due to widespread ignorance among the Jewish masses. Therefore, certainly by publicizing the seriousness of these matters, many will become more careful and correct their actions as required. I will suggest several points for your attention:

(a) Regarding prostate surgery: almost all doctors sever (or otherwise disconnect) some of the seminal ducts, and they even begin this disconnection before the actual surgery. In speaking with several rabbis who issue halachic rulings, they were unaware that this is a matter requiring inquiry. Even though the first volume of Otzar HaPoskim touches on this issue at its end, since it appears only in the notes section and not as a dedicated topic but together with other matters, very few know about the discussion there. Even those who do know lack a clear practical conclusion. It is questionable whether most surgeons would agree not to sever any seminal ducts at all; however, most would likely agree that any disconnection should occur at the end of treatment. To publicize this matter effectively, a clear conclusion must be reached and presented as a separate topic—not buried at the end of a volume among various other subjects—but in an appropriate place, perhaps also referenced in general and topical indexes. Furthermore, if surgeons testify that they performed such treatments without severing seminal ducts and succeeded, it is likely this will influence other doctors not to sever them at all. Even due to a double doubt (safek sefeika), publicity is worthwhile.

(b) Similarly and in continuation: there are many cases where one testicle is not in its proper place and doctors treat this by lowering it into the scrotum; there are also procedures to determine where the second testicle is located. Sometimes these cases require surgery, which often involves Torah-level prohibitions of excision or severance—even though alternative permissible treatments exist for many cases. Parents are often unaware that there is reason for doubt and for consulting a rabbi. More concerning is that some rabbis who issue halachic rulings do not know these details either. Here too, publication in an upcoming volume in an appropriate place will surely help prevent transgression. All this also applies to treatment of hernia in the scrotum—with the added point that this affects not only children but also adults.

(c) Another issue—close and central—which has been growing over time: child adoption. The number seeking to adopt children increases steadily; I have seen many cases where couples are meticulous even about minor rabbinic details yet pay no attention whatsoever to all prohibitions regarding seclusion (yichud), hugging, kissing, etc., which fully apply to adopted children. I have seen books and pamphlets addressing how to ensure siblings do not marry each other or discussing inheritance issues—but all these arise years after adoption when matters are already uncertain or limited to monetary issues; whereas prohibitions like yichud are definite and begin years before children reach maturity. Clearly, what was said above does not compare to raising an orphan—a common practice among Jews—because nowadays adoptive parents strive to conceal from the adopted child that they are not his real parents; they take great care never to show any sign or behavior that might arouse suspicion in the child's heart that he is treated differently from his peers by their biological parents. Some adoption agencies even require advance assurance that the child will be raised without complications or disturbances—that he will be treated exactly like a biological child—and doctors and psychologists insist such treatment is necessary for proper upbringing without problems. Certainly further elaboration is unnecessary here; I will only add that the number of adopted children is several times greater than statistics suggest because many adopters—and even more so those giving up children for adoption—do not want publicity for various reasons.

Therefore every effort at publicity and warning about these serious matters included in your next volume—may it suffice to bring about the necessary correction which must eventually come regarding this issue—even though ideally such publicity should appear in books read by laypeople or those seeking to adopt children; still, it should begin with a book like Otzar HaPoskim or similar works—with suitable emphasis on these prohibitions which recur daily—and given our times it is nearly impossible to avoid them except through constant diligent effort—even if adoptive parents are G‑d-fearing people.

It is obvious that Otzar HaPoskim's editorial board—as a collection for halachic authorities in Israel—can request journals and periodicals to publicize these issues; there is reason to believe their request will be fulfilled.

With honor and blessing: May Hashem grant you success in your holy work—to guide G‑d's people on "the king's road," which is G‑d's way—in their lives; as above—in matters whose consequences extend through all generations.

Summary

This letter stresses urgent halachic concerns regarding certain medical procedures and adoption practices due to widespread lack of awareness among both laypeople and rabbis. The Rebbe urges prominent publication of clear guidance so transgressions can be prevented through education.