ALEXANDER GUTTMANN
Torah, Hilhot Ishut XV.4, besides citing Likutei Maharil, Helkat Mehokek, Hagahot Semak(see above), remarks: ein safek dela ne-esra leva-alah mishum deein kan bi-at isur("There is no doubt that she does not become prohibited to her husband because no prohibited intercourse took place").
What Mishneh Lamelekh clarifies is that accidental insemination in a bath or on a sheet(i.e., without direct contact with a man) cannot be considered as adultery, which would make her prohibited to her husband(rape of a Kohen's wife would have the same result). For our problem, this does not reveal any clue, since we are not trying to solve the question 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 hotsaat zera levatala(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 Uziel(Tel Aviv , 1938), part II, Even Haezer 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 whatever for permitting it. Uziel 's concluding words are that the matter belongs to the category of the halakhot which bear the designation halakhah veein 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 Shelema(St. Louis , 1941), vol. II, Even Haezer, 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 to 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 hotsaat zera levatala(wasting of seed), based primarily on Yevamot 76a, is
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