186 Selected Reform Responsa

of accidental insemination. Planned artificial insemination involves some problems which do not exist at all with regard to accidental insemination. One of these problems is whether or not the emitting of seed for artificial insemination would be hotsa-at zera levatalah(wasting of seed), which is prohibited. Let us return to this point in a brief reference to recent responsa on the subject.

One of these is found in Mishpetei Uzi-el(Tel Aviv , 1938), part II. Even Ha-ezer Responsum 19, pp. 46-69, by Ben Zion Uziel . Uziel equates, basically, artificial insemination with accidental(bath, sheet) insemination. But, as to the emitting of seed for bath or artificial insemination. he can see no way for permitting it. In Uziel 's concluding words the matter belongs to the category of the halakhot which bear the designation halakhah ve-ein morin kach, i.e., halakhah which must not be translated into practice(cf. Michael Guttmann , Zur Einleitung in die Halacha 11, p. 91).

Haim F. Epstein, in his Teshuvah Shelemah(St. Louis , 1941), vol. II. Even Ha-ezer, Responsum 4, pp. 8-10, like Uziel , basically equating artificial insemination with accidental insemination, finds no way of allowing the use of a stranger’s sperm. However, as 10 the use of the husband's seed for artificial insemination, he states efshar dezeh mutar, i.e.,“It is possible that this is allowed,” if the physician finds that this is the only possible way for his begetting a child.

Epstein's argument as to the necessity of limiting of the concept hotsa-at zera levatalah(wasting of seed), based primarily on Yevamot 76a. is sound and provides at least some justification for his hesitant conclusion(cf. also Responsum 5, ibid.).

Let me sum up the problem of artificial insemination considered from the viewpoint of historical Judaism , as follows: Artificial insemination. as understood and practiced today, is not mentioned in rabbinic literature. What we find here is merely accidental, indirect insemination. We must also keep in mind that the bath insemination of the Talmud is not merely an ex post facto case, but it also involves the concept of Ones, meaning flaccident." Jewish law mostly, though not always, clearly distinguishes between accidental and premeditated deed. I do not believe that we do justice to Jewish law or to Judaism by disregarding its concepts and principles in an effort to force certain