Jerusalem – Halachic Ruling: Orthodox Couples Can Now Engage In Gender Selection Of Their Fetus

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    Jerusalem – A radical halachic ruling to be announced at a conference tomorrow at the Puah Institute – an organization which helps couples struggling with infertility in keeping with Jewish law – will allow parents to select the gender of their fetus under certain circumstances according to a report in Israel Hayom (http://bit.ly/VxFYrT).

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    Rabbi Menachem Burstein, founder of the Institute, explained that there are several ways to choose the gender of a fetus.

    Until now, Rabbi Burstein said the rabbis have condemned such a practice because of various halachic issues. But because many parents desire to choose their future child’s gender from a “deep psychological need,” rabbis will now permit separating the chromosomes and in vitro fertilization as acceptable methods of gender selection.

    “We have come across cases of people who felt it was important to have sons to carry on the family line because of the Holocaust, or families with six or seven daughters in which the father wants a son so much that it threatens the marriage,” Rabbi Burstein said.

    “In cases like this, the matter will be examined by the appropriate rabbis, psychologists, medical committees, and clearly a Halachic compromise can be reached . . . It is easiest always to say no, but sometimes, if the rules can be eased or if solutions can be found, then we should strive for that.”


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    72 Comments
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    curious
    curious
    11 years ago

    In IVF, especially when ICSI is used , there is a great manipulation of the sperm cells as it is. I am not sure why making sexual criteria in a case when the procedure is already allowed would be problematic. Employing IVF for nonfertility issues rather just choosing the sex sounds like a big issue

    chachama
    chachama
    11 years ago

    what next? maybe some parents will have a deep psychological need for children who don’t have down’s syndrome? or children with blue eyes? i cannot believe that halacha makes an exception for people to abort or select a potential fetus based on “psychological need”. these are potentially dangerous waters….
    I don’t think we should even go there. btw, is there ever a case where there is a deep psychological need for daughters? I didn’t think so

    zooog
    zooog
    11 years ago

    How does no son “threatens the marriage” ?

    Buchwalter
    Buchwalter
    11 years ago

    Is this based on”halacha” of conservative bloggers

    OPTIMIST
    OPTIMIST
    11 years ago

    For some faltcher phony rabbis everything is allowed………………………

    misslydia128
    misslydia128
    11 years ago

    Girls can also be selected. I have 2 friends with 5 boys who are desperate for a daughter.

    Mark Levin
    Mark Levin
    11 years ago

    Awfully strange. Me thinks Puah will now be put off limits by gedolai hador.

    11 years ago

    How presumptuous to assume that Puah has not already BEEN in consultation with Gedolei Hador.

    Have you figured out the pattern yet?

    They ask the Gedolim in private and get agreement. They announce things publicly and the Gedolim deny it. Sooner or later it becomes Halacha.

    But we always have this play acting first.

    Miriam377
    Miriam377
    11 years ago

    Let me have at least 1 child before you decide after having all those children.

    11 years ago

    some couples need to have a child – whether it’s a boy or girl doesn’t matter – they need to conceive with HASHEM’s help

    Voice-of-Reason
    Voice-of-Reason
    11 years ago

    There are diseases that That are sex specific. That sounds like a legitimate reason. The marriage is in jeopardy because he has no sons? Doesn’t sound like much of a marriage to begin with.

    WhiteHat
    WhiteHat
    11 years ago

    All the people commenting have no idea at all what they are saying. Just because this sounds weird because we weren’t able to ever pick the gender till recently doesnt mean the RabbI is a fraud. Obviously the Rabbi studied the topic and through halacha found that this is permitted. Many orthodox jews 25 yrs ago also thought IVF is prohibited. Till this very day some of the “Gedollim” still say IVF is prohibited…

    shredready
    shredready
    11 years ago

    “We have come across cases of people who felt it was important to have sons to carry on the family line because of the Holocaust, or families with six or seven daughters in which the father wants a son so much that it threatens the marriage,” Rabbi Burstein said.

    and this is the woman fault?

    Wannashmooze
    Wannashmooze
    11 years ago

    Fathers with deep psychological needs can be better serviced by a psychiatrist.

    Queenbee
    Queenbee
    11 years ago

    I wonder if his message wasn’t misinterpreted. Isn’t it daughters that ensure the future of family line (if ch”v intermarriage occurs the daughters kids are halachically Jewish).

    Brooklynhocker
    Brooklynhocker
    11 years ago

    Why is everyone upset? This is the solution to the shidduch crisis. Now if only they could figure out a way to make the child tall, smart, and good looking.

    Shlomo2
    Shlomo2
    11 years ago

    Machon Puah has an annual all-day conference with 10 hrs or so of lectures and shiurim, given by some the foremost Rabbonim in Eretz Yisroel, covering some of the most complex issues of halacha and fertility.

    Maybe they can another hour or so, so that VIN commentators can line up at the mike to add their 2c cents.

    pareve
    pareve
    11 years ago

    You guys have no right to write such comments because you haven’t researched the halacha. Just because you were raised with a bunch of chumrot it doesn’t mean that GD wants us to live that way.

    anon1m0us
    anon1m0us
    11 years ago

    Don’t understand any of your issues. Using IVF you already separate the chromosomes, now all you are doing is selecting which one you want. You are not killing zerah, babies or such. Instead of nature taking its course and selecting, the medical doctor can choose.

    11 years ago

    I am surprised this would be an issue that a halachaic expert would really permit in his discretion, but that said, I am not sure that it would stop any person who really wanted to make this their selection. And that said, I am quite confident that Hashem would not be very harsh on someone for making such a selection overall, but of course, we do not completely understand G-ds intentions. G-d is Trusted and we can only hope that what we do to further our own prosperity on earth as we see somewhat meets all Torah criteria is not an avera. I think it is not myself, but I personally like to leave my hand to fate.

    kalman1
    kalman1
    11 years ago

    Why would this be against Halacha. The gemara itself talks about how to make a male vs. female child.

    11 years ago

    I know the Rabbanim at Machon Puah. They are very Frum, Learned, and spiritual. They have the utmost respect for mesorah and halacha. Remember, Koach Dheitra Adif. Just because it doesn’t sound right, doesn’t mean it is not right. Rav Burstein and Rav Weitzman can out-learn anyone on this message board. (They can also teach a bit about middos, too)
    They are responsible for thousands of children born to Jewish couples that could not have children. Since someone who saves a life saves a world, these rabanim have saved and made many many worlds, are partners with Hashem, and have a cheiliek in so much more schar and mitzvos than any of us could imagine.
    I hope that they aren’t distracted by the meek and feeble minded socially “frum” Jews who try to make this and them into a problem.
    Relax, and hope that you never need their help. Rest assured that they will even help the most chutzpadik commentators on this blog, with love and happiness.

    bewhiskered
    bewhiskered
    11 years ago

    Well, in ברכות נ”ד ע”א the משנה states:

    היתה אשתו מעוברת ואומר יהי רצון שתלד אשתי זכר הרי זו תפלת שוא.

    Does this mean that one shouldn’t be מתפלל for a child to be a certain gender, but it is all right to scientifically make the child the gender of choice?

    Queenbee
    Queenbee
    11 years ago

    I think most people took issue that the idea was referenced with a hint of misogyny. It should’ve said that couples can now choose one gender over the other. Instead it focused on being able to choose male over female.

    BubbyB
    BubbyB
    11 years ago

    People should be a lot more compassionate, empathetic, and sympathetic to others, and less judgmental on a regular/general basis, and even more so when it comes to sensitive issues.
    Social skills therapy should be mandatory for all adults who have as not yet achieved the ability to think before they comment/speak to others at all times and even greater care should be taken when it involves issues as sensitive as the above discussion.
    A person should try and imagine what it would be like to be in the other person’s shoes, before being judgmental or commenting.
    In addition there seems to be a need to perhaps keep these type of issues for private discussions between those yechidim involved, the organization, and the Poskim. These are highly sensitive issues and I am sure require case by case, individual consideration and psak. Discussing these issues so offhandedly, and publicly invites trouble (people paskening for themselves, or those who never would otherwise look for such heterim or kulos doing so).

    Anon Ibid Opcit
    Anon Ibid Opcit
    11 years ago

    We’ve seen the experiment in China and India, albeit with abortion rather than IVF. The result? Millions of men who will never have families because parents have an insatiable desire for sons. And in China at least a lot of the women have decided they’d rather do anything than marry a Chinese man leaving the situation even more unbalanced.

    RobertS
    RobertS
    11 years ago

    Gender selection is a manifestation of lacking Emunah and bitachon, and gratitude for blessings Hashem already bestows.

    Secular
    Secular
    11 years ago

    Points to ponder:

    1) If this Halachic ruling becomes mainstream, would there be any reason to think there might be an Halachic imperative to choose/select a male over a female. Conversely, would couples still obtain a ‘Heter’ if they decided to have a girl.

    2) Will this gender choosing technology, and Rabbinic endorsement allow for families already blessed with children to have more children with predetermined gender?

    3) What about the Halachic implications and constraints of procuring the male (and female) reproductive cells. Once those cells are procured, and gender chosen what about the remainder? are they discarded? before or after a fertilization ?

    וּרְאֵה-בָנִים לְבָנֶיךָ: שָׁלוֹם, עַל-יִשְׂרָאֵל

    lakewooder
    lakewooder
    11 years ago

    Can I see a teshuva lehalocho either way? This whole issue sounds like a non-issue. Everyone should do what they want because there is no halocho governing this point. Medical ethics are not Judaism, nor are they particularly ethical so we can safely ignore them.

    russland
    russland
    11 years ago

    Doesn’t this whole procedure inevitably cause Zerah Livatolo somewhere along the way, which is an Issur that “Godol Avono Mi’n’so”???