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Sperm donation and the mitzvah of fertility and reproduction

שו”תCategory: HalachaSperm donation and the mitzvah of fertility and reproduction
asked 5 days ago

Hello Rabbi,
I wanted to ask whether someone who donated sperm and had a son and daughter born from this donation has fulfilled the obligation of the mitzvah of procreation and reproduction.
Best regards,

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0 Answers
מיכי Staff answered 5 days ago

In a situation like this, there’s no doubt who the father is, so why shouldn’t he come out?

אורן replied 4 days ago

According to this, does the one who donates sperm commit a void ejaculate? Or is it because the sperm is intended for fertilization (even if it does not ultimately occur) then it is not a void ejaculate. And another question, let's assume there is some sin in donating sperm, does this mean that fulfilling a vow in this way is considered a sin and therefore not considered a mitzvah?
With blessings,

מיכי Staff replied 4 days ago

I think it's really not a nullity. Even if he were not considered halakhically the father, I'm not sure it's a nullity. It's creating a child who will be someone else's seed.
If the mitzvah is from the donor, then it's a mitzvah that results in a transgression. If the mitzvah is from someone else (who is the father), there's room to believe that it's not. But as I said, it's clear in my opinion that the donor is the father.

אורן replied 4 days ago

Do you think there is any prohibition against sperm donation? Is it appropriate?

מיכי Staff replied 4 days ago

Obviously this is problematic. The sperm is not for nothing, but there is adultery at hand here and reflections are forbidden. Therefore, even if a donor is only because of the distress of a couple who cannot give birth. And even in such a situation, I think it is better for a married man to do this with his wife.
We need to check how this is done in practice and find out from those who are familiar with the facts and constraints.

אורן replied 4 days ago

I ask because on the one hand you said that the one who donated is fulfilling the mitzvah of Pur, and on the other hand you said that if there is a transgression in this, then there is no Pur because there is a mitzvah here that comes with a transgression, so how does all of this fit together?

מיכי Staff replied 4 days ago

I didn't understand the question. I answered your question that while there is a transgression here, it is a mitzvah that comes with the transgression. But there is no transgression here if it is done in the right way and for the purpose.

אורן replied 4 days ago

Another question is, if someone donates sperm in the usual way (i.e., not a married man who does it with his wife), can he fulfill a pur by doing so? Or is it because there is adultery involved and contemplation is forbidden, then is it a mitzvah that leads to a transgression?

מיכי Staff replied 4 days ago

If there is no one else who can do this, perhaps he is permitted to do so in order to help the couple in need, and then there is no offense here.

אורן replied 4 days ago

But in practice, there is always someone else who can. Furthermore, donations are usually made anonymously, when there is no connection between the recipient and the donor at all.

מיכי Staff replied 4 days ago

In such a situation, it is certainly possible that this will be the next mitzvah in transgression. It depends on the limits of the מהבע.

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