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Mitzvah after death

שו”תCategory: HalachaMitzvah after death
asked 2 years ago

I saw it in Asya’s (Ez) pamphlet [pamphlets on medical and halakhic matters, (if I remember correctly the rabbi himself wrote an article in one of the issues on statistics in halakhic matters)]
A story about a guy who was diagnosed with cancer and since the treatments were supposed to affect his ability to have children, his sperm was taken into a test tube and frozen in a refrigerator. In fact, the guy died, and three years later, he had twins, a boy and a girl, from that same sperm.
I asked whether the above-mentioned person fulfilled the mitzvah of “be fruitful and multiply” or whether, since it was after his death and the dead are exempt from the mitzvah, it does not exist (and is this similar to assuming a fetus and having children born to him after his death, or does the entire mitzvah here begin after his death, when the sperm was inserted into the woman’s body two years after his death?)
With great respect
Israel


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מיכי Staff answered 2 years ago
First of all, I don’t think there is a mitzvah for this. Does May have a mitzvah for whether or not there is a mitzvah? In the case where he left his wife pregnant, he did an act, and therefore it can be said that a mitzvah is fulfilled. This is only due to a lack of time. Here there is only a result without his act, and it is unlikely that there is a mitzvah in this (even if we define Pro and Rabbu as a mitzvah of result). Although if he himself commanded to do so after his death, it must be discussed whether he still has a mitzvah in this, since if they had done so during his life, he would probably have fulfilled a mitzvah in this, meaning that such a thing is indeed a sufficient act on his part.

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שור סיני replied 2 years ago

Naf”m when restored in Tah”m

nav0863 replied 2 years ago

If the statement is a sufficient act on his part, then it has nothing to do with the actual fertilization. He has already fulfilled the commandment by the statement itself. Isn't that right?

מיכי Staff replied 2 years ago

It is clear that it is not. Someone who performed a beya and did not have a son or daughter did not fulfill the pur. It is an act of the mitzvah, but the fulfillment is with the result. Alternatively, the mitzvah is conditional on a result.

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