SELECTED REFORM RESPONSA

The Talmudic law even permits a woman to sterilize herself permanently(haisha rashait lishtot kos shel ikarin, Tosefia, Yevamot VII1.4). And the wife of the famous R. Hiyya is reported to have taken such a medicine (sama de-akarta) which made her sterile(Yevamot 65b). Whether there be such a drug according to modern medicine or not, is not our concern. The Rabbis believed that there was such a drug which, if taken internally, makes a person sterile(see Shabbat 110a,b and Preuss, op. cit., pp: 439-440 and 479-480), and they permitted the woman to take it and become sterile. According to Luria(op. cit., Yevamot IV 44), this permission is given to a woman who experiences great pain of childbirth, which she wishes to escape, as was the case of the wife of R. Hiyya. Even more so, says Luria, is this permitted to a woman whose children are morally corrupt and of bad character, and who fears to bring into the world other moral delinquents: ela lemi sheyesh lah tsa-ar leida ke-ein deveitehu deRabbi Chiya; vechol sheken im baneiha ein holekhin bederekh yeshara, umityare-a shelo tarbeh begidulim ka-elu, shehareshut beyadah." To these| would add the woman who, because of hereditary disease with which she or her husband is afflicted, fears to have children who might be born with these diseases and suffer and be a burden to their family or to society.

From the passage in the Talmud (Yevamot 65b) we learn, however, that there is an objection which the Jewish law might have to a man's using contraceptive means, or having intercourse with his wife in such a manner as to make conception impossible. This objection is based not on the view that such an act is in itself immoral or against the law, but merely on consideration for another religious duty which could not be fulfilled if such a practice would be indulged in all the time. The wife of R. Hiyya- so the Talmud tells us- incapacitated herself only after she had learned that the duty of propagation of the race was not incumbent upon her, since, according to the decision of the Rabbis , women were not included in the commandment,"Be fruitful and multiply"(Genesis 1 :28), which was given to men only. Since 2 man must fulfill the duty of propagation of the race(mitzvat periya ureviyd) he cannot be allowed the practice of having intercourse with his wife only in such a manner as to make conception impossible. For in so doing he fails to fulfill the law commanding him to have children. It is accordingly a sin of

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