r." The interpretation of this verse defines the opposing viewpoints of authorities. Some focus on the implanting of the seed as the adulterous act, considering it adultery to implant semen even without sexual intercourse taking place.4 others insist that without the necessary element of carnal relations adultery has not occurred.5 As we shall later see, even the authorities within these two broad schools of thought are somewhat at odds with each other.
The use of Lev. 18 as the basis for Jewish law is not wholly accepted. Some question whether exegesis of the narrative portions of the Bible qualifies as a legitimate source of law according to present day Halakhah. As one researcher noted, "This exegesis constituted an important source of the law, particularly in the Tannaitic period, but after the redaction of the Talmud, and specifically from the middle of the Gaonic period, it almost totally ceased to serve as a legal source."6 However, halakhic writings take a critical view of decisions based on exegesis from the narrative portions of the Bible.7
Thus, many modern halakhic authorities insist that the Talmud and the classical authorities alone constitute binding legal sources from which to derive policy concerning artificial insemination, as well as other religious and legal issues that are not directly answered by the established sources of Jewish law.8 Regardless of the source, the authorities still split opinion as to the legitimacy of artificial insemination.
The primary legal source of the Halakhah, the Talmud, does not directly address the issue of artificial insemination. However, there is one instance discussing the possibility of a woman becoming pregnant without engaging in sexual intercourse. The following passage from the Talmud serves as a basis for much modern halakhic literature on the subject:
Ben Zoma was asked: May a High Priest marry a maiden who has become pregnant? Do we [in such case] take ...