Druckschrift 
The fetus and fertility : essays and responsa / edited by Walter Jacob and Moshe Zemer
Seite
132
Einzelbild herunterladen

THE PATERNITY OF AN INFERTILE MALE

adam("a man made eunuch" emasculated by human action) because there was a time when he was potent, while the saris hamah was never potent. Rabbi Eliezer stated that this ruling does apply to the congenital eunuch since he may be healed, while a man-made eunuch may never be cured.

The halakhah is according to R. Akiba 's view on formal grounds, since the Talmud has determined that his view is normative in a controversy with any of his contemporaries and specifically with his teacher, Rabbi Eliezer ben Hyrcanus.® Interestingly enough, no commentary has been found to substantiate or contravene R. Eliezer's opinion that a seris hamah may be healed. Furthermore, R. Eliezer(known as R. Eliezer the Great) brings evidence that this is possible because cases of such nature are cured in Alexandria in Egypt .

The rabbinic sages reveal the sexual and reproductive functioning of the saris as part of the discussion of 4alizah and this phenomenon. Firstly, we learn that a saris is able to engage in sexual intercourse which has legal consequences.®

Even though the congenital eunuch can copulate, he is incapable of procreating. The rabbinic sages interpreted the Scriptural texts relating to the halizah ceremony."My brother-in-law refuses to perpetuate his brother's name in Israel "(Deuteronomy 25:7), this excludes the saris, because if he wanted to perpetuate he is incapable of this accomplishment. Furthermore, the verse: "That his name not be blotted out of Israel "(ibid 25:6) is interpreted as excepting the saris, whose name is in any event blotted out.

In spite of his disabilities, the congenital eunuch is permitted by halakhah to marry a Jewish woman and"enter the Congregation of the Lord." Both the Babylonian and Jerusalem 7a/mud state that he is not under the Torah prohibition:"He whose testicles are crushed or whose male member is cut off shall not enter the assembly of the Lord"(ibid 23:1). The Torah forbids marriage only with one whose testicles were emasculated or crushed, or whose penis is cut off."