Artificial Insemination is a relatively new issue for religious scholars to consider. Ancient commentators certainly could not be expected to predict that human sperm would one day be refrigerated, treated with glycerol, and be made available to women wishing to become pregnant. Predictably, the Jewish Written Law does not specifically address artificial insemination. Therefore, the varied problems of religion, ethics, and law must be considered in the attempt to recognize a halakhic answer based on halakhic sources yet recognizing modern technologies.
Although artificial insemination gives rise to many halakhic problems,1 the most critical issue, and the one which this paper addresses, is whether artificial insemination with sperm not belonging to the husband of the woman impregnated2 constitutes an adulterous act. Because clear authority on the issue is not present, varying schools of thought have developed and the Jewish Law regarding the matter is in a state of halakhic pluralism. This paper will examine the debate regarding the implanting of the seed, or semen, as adultery and also the ramifications of this decision as they relate to the creation - of a halakhic mandate.
The Torah prohibits adultery, a serious-offense that carries significant punishments. However, the Written Law does not define adultery with any precision and certainly does not discuss artificial insemination. Thus, present day authorities generally base their decisions regarding the propriety of artificial insemination on commentaries on the Law and laws of adultery written by biblical scholars who often are of ancient or medieval heritage.3
Leviticus 18 contains an extensive list of sexual prohibitions and taboos. From this list, commentators addressing the issue of artificial insemination generally must deal with the prohibition contained in Lev. 18:20 "And thou shalt not implant thy seed into thy neighbor's wife, to defile thyself with he...