{"id":9698,"date":"2014-09-07T03:00:28","date_gmt":"2014-09-07T00:00:28","guid":{"rendered":"https:\/\/ph.yhb.org.il\/en\/?p=9698"},"modified":"2019-11-21T13:37:55","modified_gmt":"2019-11-21T11:37:55","slug":"14-07-03","status":"publish","type":"post","link":"https:\/\/ph.yhb.org.il\/en\/14-07-03\/","title":{"rendered":"03. The Parameters of the Prohibition"},"content":{"rendered":"
As we have learned, a saris<\/em> rendered sterile by human intervention may not marry a Jewish-born woman, but may marry a convert or a freed slave (m.<\/em> Yevamot<\/em> 76a).[2]<\/a><\/sup><\/p>\n We have also seen that the prohibition does not apply to someone born sterile. If someone was rendered sterile as the result of illness, poskim<\/em> disagree as to his status. According to Rosh, such a person may not marry a Jewish-born woman. Since humans play a role in the contraction of diseases, for example by eating unhealthy foods or by polluting the environment, such sterility is seen as being man-made. In contrast, according to Rambam and most Rishonim, a person who became sterile due to illness is considered to have been made sterile by God, and may thus marry into the community. The halakha<\/em> follows this position (Yam Shel Shlomo<\/em>; Mishkenot Yaakov<\/em>; Birkei Yosef<\/em>; Pit\u1e25ei Teshuva<\/em> 5:7; Maharsham; AHS 5:18).<\/p>\n We learn an important principle from the law that a born saris<\/em> may marry: Normally, the mitzva of ona<\/em> is considered the foundation of marriage. Accordingly, if someone wishes to marry on condition that he is not obligated to fulfill the mitzva of ona<\/em>, the marriage does not take effect (SA EH 38:5; above ch. 1, n. 2). Nevertheless, if due to circumstances beyond his control \u2013 for instance, he is a born saris <\/em>\u2013 a man cannot have sexual relations with his wife, the marriage does take effect. We therefore see that it is possible for a couple to base a marriage on their emotional connection and their commitment to be good to one another.[3]<\/a><\/sup><\/p>\n The prohibition is for a man who became a saris <\/em>to marry a Jewish-born woman. However, a woman who underwent a procedure of sterilization (for example, a hysterectomy) is permitted to marry a Jewish-born man (Sefer Ha-\u1e25inukh<\/em> \u00a7559; Otzar Ha-poskim<\/em> 5:1:1). Nevertheless, a man who has not yet fulfilled the mitzva of procreation may not marry her, as doing so makes it impossible for him to fulfill his obligation to procreate (above 5:8).<\/p>\n