196 Selected Reform Responsa
BIRTH CONTROL 1927
In considering the question of the Talmudic-Rabbinic attitude towards birth-control we must seek to clear up the confusion that prevails in the discussion of the subject and define the principles involved in the whole question.
Some rabbis are inclined to regard all forms of birth-control, excepting self-control or continence, as Hotsa-at shichvat zera levatala, and therefore put them in a class with masturbation or self-abuse. Hence, they believe that by citing Agadic sayings from the Talmud and the Midrashim against the evil practice of self-abuse, they have also proved the opposition of Rabbinic law to the various forms of birth control. Such a method, however, is unscientific and not justified in the discussion of such a serious and important question.
In the first place, the method of adjudging questions of religious practice on the basis of Agadic utterances is altogether unwarranted. The Talmudic rule is“Ein morin min hahagadot,” i.e. that"We cannot decide the questions of practice by citing Agadic sayings"(Jer. Hagigah 1.8, 76d). The Agada may set up an exalted ideal of the highest ethical living. It may teach the lofty precept“Kadesh atsmecha bamutar lecha,” to aspire to a holy life and to avoid even such actions or practices which— though permitted by the law— do not measure up to its high standard. But it does not rest with the Agada to decide what is forbidden or permitted by the law.“The Agadist cannot declare anything forbidden or permitted, unclean or clean," says the Talmud (“Ba-al agada she-eino lo oser velo matir, velo metame velo metaher,” Yer., Horayot 111.7 48c). The answer to questions of practice— that is, as to what is permitted by Jewish law and what is not— can be given only on the basis of the teachings of the Halacha .
Secondly, it is absolutely wrong to consider cohabitation with one's wife under conditions which might result in procreation as an act