The Rabbinic Debate over Post-Mortem Fatherhood

After Israel’s fall elections, the new Knesset will take up legislation that would allow soldiers to become parents after their deaths through the posthumous extraction of sperm. Shlomo Brody analyzes the ongoing halakhic debate about the permissibility of the practice:

One of the impetuses for facilitating such a procedure is to allow the deceased to leave behind descendants to preserve his legacy. In biblical law, when a married man dies without any progeny, a “levirate marriage” is arranged between his brother and widow. “The first child that she bears shall be accounted to the dead brother, that his name may not be blotted out in Israel,” the Bible declares (Deuteronomy 25:6). [This practice has] largely been defunct for many centuries. Nonetheless, some Israeli jurists and rabbis view posthumous sperm implantation as a modern-day [application] of this biblical value.

The most prominent supporter of this line of thought was [the late Israeli halakhic authority] Rabbi Zalman Nehemia Goldberg, who argued that such a procedure is permissible if the deceased gave explicit permission or “we can safely assume that he would have desired this.” While it may be sometimes difficult to know the desires of the deceased, one must take into account the “natural human desire” to leave a legacy. Goldberg further argued that the default perspective of Jewish law is to permit an action unless it violates some clear prohibition.

Others, like Rabbi Yigal Shafran, worry that in cases when sperm was not already frozen in one’s lifetime, the procedure to retrieve it violates the biblical prohibitions of desecrating a corpse or gaining illicit benefit from it.

[A] range of figures, including Rabbis Yosef Shalom Elyashiv, Dov Lior, and Nachum Eliezer Rabinovitch, . . . offered a more fundamental moral objection. While they are deeply sympathetic to the bereaved widow or parents, they contend that it is immoral to bring a child into the world knowing that he or she will not have a biological father. However noble the intentions, it is not in the interest of the child or broader society to allow such a phenomenon.

Read more at Jerusalem Post

More about: Bioethics, Family, Halakhah

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden