Selected Reform Responsa 173

possible after the decree of Rabbeny Gershom in the eleventh century in those countries where this decree was accepted: we should remember that Oriental Jews did not accept the herem of Rabbenu Gershom . Maimonides considered such a marriage valid under any circumstances(Yad Hil. Ishut 4.10) whether this individual was born sterile or was sterilized later. The commentator Abraham di Boton emphasized the validity of such a marriage if sterility has been caused by an accident or surgery(Lehem Mishneh to Yad Hil. Ishut 4. 10). Yair Hayim Bacharach stated that as long as the prospective wife realized that her prospective husband was infertile though sexually potent, and had agreed to the marriage, it was valid and acceptable (Havat Yair#221). Traditional halakhah which makes a distinction between the obligations of men and women(a distinction not accepted by Reform Judaism) would allow a woman to marry a sterile male since the obligation of procreation do not affect her(as mentioned earlier).

There was some difference of opinion when a change of status in the male member of a wedded couple had taken place. R. Asher discussed this, but came to no conclusion, though he felt that a male whose sexual organs had been removed could not contract a valid marriage(Besamim Rosh#340— attributed to R. Asher). The contemporary Orthodox authority, E. Waldenberg, assumed that a sexual change has occurred and terminated the marriage without divorce(7zitz Eliezer, X,#25). Joseph Pellagi came to a similar conclusion earlier(Yosef et Ahab 3:5). Perhaps the clearest statement about entering into such a marriage was made by Isaac bar Sheshet who felt that a couple is permitted to marry and then should be left alone, although they entered the marriage with full awareness of the situation(Ribash#15; Shulhan Arukh Even Haezer 1.3; see Isserles ’ note). Similarly, traditional authorities who usually oppose contraception permit it to a couple if one partner is in ill health; the permission is granted so that the couple may remain happily married, a solution favored over abstinence(Mosheh Feinstein, /grot Mosheh,