Jerusalem – A new Psak was issued by Rav Moshe Shternbuch last week concerning the performance of a Bris Milah ceremony on Shabbos for a baby that was conceived through donor IVF. Rav Shternbuch is against utilizing an egg from a gentile donor. Nonetheless, he is of the opinion that the halachic status of the child is that of a sofaik – a
doubt.
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Some Poskim hold that we follow the birthing mother in such a case. Others are unsure. Rav Shternbuch is of the opinion that the question has not been resolved and thus ruled that it is a safek.
This being the case, a bris Milah may not be performed on Shabbos for such a case, and the child will need giur misafaik. The Bris would have to be performed at the next available opportunity on Sunday morning. Rav Shternbuch’s ruling was confirmed today by this author.
The ruling does not affect IVF where both genetic material came from the halachic parents.
The author can be reached at [email protected]
I wonder about this. What would the halacha be for a baby conceived via IVF if the egg and sperm came from a married couple? If that couple couldn’t conceive the “normal” way but could via IVF, are there any halachic restrictions on their IVF baby?
According to most poskim, the mother (and Jewishness) of the child is determined at birth and not who the originator of the egg is.
Not all ivf treatment involve donated eggs, there are many different factors and reasons causing infertility, every couple and person is different, so too generalize any baby born through ivf treatment etc. is misleading and doesn’t make any sense. If you started the article with, ‘Any baby born through ivf using donated eggs (from a gentile?) etc….’ would make a little more sense
The Baby will be a sofek Mamzer!
If he considers the child a sofek non jew because the mother is the egg donor a giyur/ conversion is a remedy for a yisroel. However if the father is a kohen what is the status of the child and his straight line male descendants?
this psak is not about IVF its only talking about ivf where a donor was used and the donor wasnt Jewish. the article is extremley misleading!!! a reg IVF where botht he sperma nd the egg came from the jewish parents this psak wouldnt apply!
Could someone please advise whether this article is misleading. Thanks.
Contrast Ishmael and Yitzchak with Eisav and Yaakov in terms of birth mothers for the answer to why this psak was made.
As long as you’re not ridiculous or clueless, #13 , we’re honored to have you aboard. Please guide us, oh wise one.
The Tzitz Eliezer is a minority opinion concerning IVF so I wouldn’t use his sefer as any psak, since almost all the rabbonim (from Litvish to Chassidish) do not rule like him.
This was issued in Israel, where there are many Jews that aren’t orthodox, and I assume that if they can’t have a child with their own genetic material, they may choose donor eggs or donor sperm from a gentile. They use a gentile because then there is no issue of mamzerut. There are also some orthodox rabbis that allow this, especially donor sperm from a gentile, see the Igros Moshe for his psak vis a vis using donor sperm for artificial insemination. Whether or not orthodox are using it, Jews are and therefore a psak about when to perform the bris and if you should convert the child is in order.
Child can’t be a mamzer, because a mamzer is the child of a conception for which the parents are subject to Korais or Death by Bais Din. Or the descendant of a mamzer or mazeres.
IVF is not subject to Korais or Death by Bais Din and we assume the Donor to be a gentile either because of Roiv or because the parents are advised to seek out a known gentile egg Donor.
22
It does matter because mila can’t push off shabbos if there is no legitimate reason. If the child isnt jewish then the mohel cant cut the skin and draw bood on shabbos.
#22 – Where are you coming from? This is a velt shailah on hilchos Shabbos. If the bris is done during the wrong time it is chillul Shabbos! Rav Shternbuch is a choshuva posaik – a world class one. Please be respectful.
The Lubavitcher Rebbe did not condone any IVF unless it was done under a valid supervision like Shaarei Tzedek hospital for reasons such as the jewish donors sperm may get mixed up etc
I suspect Rabbi Hoffman only assumed that the status of the child is the issue Rav Shterbuch has about the Bris on Shabbos. I think he ought to discuss it directly with Rav Shternbuch. There is an issue in general with Milah Bizmano pertaining to unnatural conception if it can be done on Shabbos of which there are varied opinions based on a discussion in the Rishonim. As this is really a modern day question, it is first being grappled with of recent
so would this pasak mean it is the DNA that defines a Jew
If I read the article correctly, R’ Shternbuch ruled that the child is a safek Jew and requires giyur l’chumra. This is a very different statement from a safek mamzer. In no way is this child a mamzer or even a safek of one.
While this status of a safek Jew is a challenge and requires some creativity regarding related halochos (as the Rav rules in the article), it is far better than safek mamzer. Why do I reiterate this? There is a debate as to if it is better to use donor genetic material (ova or sperm) from a Jew or a non-Jew. (Obviously it would be best to use the materiel from the parents but when you can’t…)
If you use non-Jewish material, an ova give you a question of safek Jew, sperm gives you some kabbalistic questions. If you use Jewish material you need to keep track of the source of the material to avoid the resultant child marrying a biological sibling at some point in the future. When using donor Jewish sperm there may also be a question of mamzerus if adultery is ruled genetically or as per biyah.
There are a few new articles up about halacha and IVF on jewishfertility.org but they haven’t posted anything about donor material or bris.