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Sperm extracted from a dead person

שו"תקטגוריה: HalachaSperm extracted from a dead person
שאל לפני 2 שנים

Hello again Rabbi, I have a question for you. I am writing a halakhic article (again for an essay contest), on the question of what to do with sperm extracted from a deceased person after his death. Assuming that it is permissible to extract sperm after death and the deceased did not express his opinion on what to do with his sperm (as in the case of Amit Ben Yigal, for example), do you think it is appropriate to discuss these laws according to classical inheritance laws, and then, for example, would the parents of the deceased have a stronger say than his widow, on the question of whether to use the sperm? And if so, would the deceased's brother also have a stronger say? Sounds unlikely… Is there room to discuss the opposite case as well, according to those who believe that the child has no such attribution at all, is it because in a case where the widow and the parents agree to have a child from the sperm, they cannot actually do so, because the child is not attributable to his parents at all?


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מיכי צוות ענה לפני 2 שנים
Hello. I have a problem with such issues because in my opinion it is not really possible to reach a well-founded halakhic position on them. One can raise arguments here and there and push them into halakhic law. Note that you yourself stated that it is "unreasonable" even though there is an argument here that seems to be halakhic. After all, in the end what matters is what is reasonable. In general, in my personal opinion, his wife has the right of first refusal, since their partnership included, as an essential component, having children together. Therefore, in this specific matter, I would not apply the inheritance laws literally. This is despite the fact that I have written and said more than once that there is ownership of information, and genes are information. But even without the consideration of the wife's precedence, I doubt whether there is an inheritance of such property, because it is not ownership of property but ownership of a person over himself, and this is not inherited (no one inherits the body of the deceased). I think what should be determined is the best estimate of what the deceased's own wishes were, and if not, then the reasonable person in his situation.

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