Journal of Law and the Biosciences, 2019

The paper studies the position of Jewish law on posthumous reproduction and its mutual interaction with the legal and bioethical discussion of this issue. It examines two types of interactions: a direct, legal-positive interaction and a meta-legal interaction, which may be defined as inspiration. The first relates to how Jewish law responds to the new technology, as reflected in the practical laws of levirate marriage, and how this new technology affects a wider spectrum of laws and conceptualizations from a religious-law perspective. The paper points to two interesting phenomena: (1) how a legal definition in the religious realm (fatherhood for the purpose of levirate marriage) affects legal definitions in the civil realm (eg, inheritance), and (2) the significance of value-based principles in framing Jewish law as a legal system whose ‘ways are ways of pleasantness’. The second (indirect interaction) deals with two rationales, individualistic and familial, behind the Israeli debate over posthumous sperm retrieval of fallen soldiers and their equivalents in the Jewish law discussion of the early ‘forefather’ of this technology: levirate marriage. The paper concludes that the complex interaction—both direct and indirect—provides us with a striking picture of the conjunction of modernity, law, and religion.

Journal of Clinical Research & Bioethics, 2013

Although still exceedingly uncommon, evidence suggests that the prevalence of posthumous sperm retrieval requests for reproductive purposes has increased in recent years within the United States. These requests raise complex issues that pose challenges for physicians, legal scholars, and bioethicists. This study is among the first to examine the general population’s attitudes toward posthumous sperm retrieval and, more generally, toward posthumous reproduction. Specifically, the effects of five contextual circumstances—marital status, parental status, wishes of the deceased’s parents, context of death, and the wishes of the deceased—on attitudes toward posthumous sperm retrieval for the purpose of cryopreservation and reproduction were examined using a multiple segment factorial vignette with a probability sample of 846 households in the United States. Marital status, disposition of the deceased’s parents, and the deceased’s wishes affected attitudes in predictable directions, parental status and cause of death had little bearing on attitudes, and respondent religiosity was negatively related to the perceived acceptability of posthumous sperm retrieval as well as medical professional’s obligation to perform the procedure.

Journal of Clinical Research & Biolethics, 2013

Attitudes toward reproducing with a deceased spouse’s cryopreserved gametes were examined with a probability sample of 864 respondents from throughout the continental United States. Specifically, a multiple segment factorial vignette was administered to test the effects of five contextual variables: (a) sex composition of the survivor and deceased, (b) marriage duration, (c) deceased’s disposition toward parenthood, (d) cause of death, and (e) wishes of the deceased’s parents. Roughly two-thirds of respondents were supportive of the procedure across experimental conditions, but support was more likely when the deceased was male, the couple had been married longer, the deceased had been looking forward to parenthood, the death was due to a car accident than suicide, and when the deceased’s parents supported the procedure. Rationales for supporting the procedure were primarily focused on the surviving spouse’s wishes or rights, the deceased’s implied or assumed wishes, and the opinion of the deceased’s parents. Those who opposed the procedure most frequently cited the deceased’s unknown wishes, concerns for the potential child, and the opinions of the deceased’s parents.

Fertility and Sterility, 2003

Posthumous sperm procurement involves harvesting gametes from a recently deceased man for cryopreservation and future use in ART. This paper discusses the practical and ethical role of posthumous sperm procurement in medical practice and society and submits possible solutions, including the establishment of formal policies and protocols. English-language literature review and bioethical discussion. In the United States, an increase in requests and protocols has been documented. International requests and regulation are variable. Posthumous sperm procurement is fraught with ethical dilemmas, including informed consent, privacy, inheritance, and child welfare. To establish appropriate medical practice, it is important to consider all stakeholders in the decision-making process. We believe that an acceptable and ethical resolution can be obtained only through the collaborative input of all involved parties. We have looked to U.S. and international sources for guidance in current practice and to gain insight into the formulation of future policies.

Human Reproduction, 1998

The latest remarkable technological advances in assisted reproduction, which enable cryopreservation of spermatozoa, embryos and ovarian tissue, raise difficult and debatable legal, social, ethical and moral issues concerning the right to posthumous reproduction. Furthermore, reports on the attitudes of the general public and of centres licensed for infertility treatment in the United Kingdom found that the majority of women and centres support the idea of posthumous reproduction. In this paper we review the data published on this issue, and after considering the various aspects, we conclude that each case should be discussed and authorized by a multidisciplinary committee that includes physicians, clergy, psychiatrists, psychologists, sociologists and other appropriate parties. In our opinion, the main principles that should guide this committee would allow posthumous reproduction in the context of marriage when a prior consent exists. For unmarried persons, postmortem donation of gametes should be done only anonymously, if they are in agreement with existing laws concerning infertility treatments in every country and after appropriate consent and proper counselling. Moreover, any case which involves consanguinity or a possibility of incest should be forbidden, both for ethical and genetic reasons. In a case of pre-existing siblings, they should be consulted and their informed consent should be granted in advance so as to avoid legal problems in the inheritance of property.

Urologic Clinics of North America, 2002

Posthumous reproduction became possible with the technologies of sperm cryopreservation and ART. The legal and social status of children born as a result of these technologies continue to evolve. The proper disposition of unwanted stored gametes and embryos remains unknown. Physicians are increasingly asked to make quick judgments on posthumous gamete retrieval. The procedures for gamete harvest are technically simple; however, one must carefully select cases with definitive prior intent to have children. There is a need for standardized legal protocols to protect the physician and the patient. The physician must use sound judgment and comply with accepted standards, when present, before performing any service for posthumous sperm retrieval and reproduction.

Quite some work has been done on the Levirate Text of Deuteronomy (Deut.25:5-10). However these have focused more on its ancient Near Eastern context with emphasis on its patriarchal outlook; to the neglect of its correlates in African cultures, and the significance of its peculiar grammar and important text-critical issues within the text. This study therefore employs the grammatical critical and textual critical methods to reexamine Deut.25:5-10, while contextual hermeneutics is engaged with a view to bring out in bold relief, the peculiar nuance of meaning implied in the peculiar usage of the phrase ָ‫ֶיה‬ ‫ל‬ ָ ‫ﬠ‬ ‫ֹא‬ ‫ָב‬ ‫י‬ in the Leningrad Codex instead of the standard grammatical form ‫ָב‬ ‫י‬ ֹ ָ‫ֶיה‬ ‫ל‬ ֵ‫א‬ ‫א‬ employed by the Samaritan Pentateuch, and how the two variant readings correlates with the practice of levirate marriage in indigenous Yoruba culture of South Western Nigeria. This paper argues that the peculiar phrase ָ‫ֶיה‬ ‫ל‬ ָ ‫ﬠ‬ ‫ֹא‬ ‫ָב‬ ‫י‬ in the Leningrad codex, read with the African cultural experience, was a deliberate literary device intended to draw attention to the fact that the intrinsic value of the practice of levirate marriage in ancient Israel is to provide social security for the widow, with the resultant effect of perpetuating the lineage of the deceased. INTRODUCTION The Levirate Text of Deuteronomy (Deut.25:5-10) is the only biblical text that gives detailed legislations with regards to the practice of levirate marriage in ancient Israel. Majority of work done so far on this periscope have focused more on its ancient Near Eastern context 1 with emphasis on its patriarchal outlook. This has led scholars to a consensus that the primary aim for the practice of levirate marriage was merely to perpetuate the deceased brother's name, and keep the property inherited within the bounds of the patrilineal lineage 2. Since the majority of scholars who worked on the text have been people of European cultural background, the significant correlates between the Levirate Text and the African indigenous practice of levirate marriage has

In: Nahshon, Edna, (ed.), Jews and Shoes., 2008

Th e biblical book of Deuteronomy requires a man who is unwilling to enter levirate marriage, that is, to take his deceased childless brother's widow as his wife, to create off spring for him and to perpetuate his name, to undergo the so-called halitzah ceremony (Deut. 25:5-10). Th e "unshoeing"-the widow's removal of her brother-in-law's shoe-plays a prominent role in this ritual, which was originally meant to punish and humiliate the levir (brother-in-law). From biblical to rabbinic, medieval, and modern times many changes in the practice, interpretation, and valuation of this ritual occurred that refl ect developments in the structure of the Jewish family and the role of women in Judaism. In Roman-Byzantine and medieval times the biblical propagation of levirate marriage eventually gave way to rabbis' preference for halitzah, and halitzah rather than levirate marriage became the common practice in the state of Israel from 1950 onwards. American progressive congregations went even one step further and abolished (Reform) or avoided (Conservative) halitzah altogether, viewing it as part of a patriarchal social system incongruous with the status and role of women in modern society.

Surrogacy was a well-known practice in ancient societies. Its application was rare but mandated when the matter of threatened lineage surfaced. Since very early times and particularly within patriarchal societies, sons were regarded as natural inheritors of property, holders of lineage and on many occasions performers of rites for ancestors. Hence, the absence of a male issue was viewed as a solemn social anomaly. Corrective solutions had to be worked out and many ancient societies came up with their alternative paradigms. In ancient Israel the practice of yibbum emerged and ensured lineage continuity. Its ancient Indian counterpart was the practice of niyoga that came under what is largely understood as apaddharma or the law of exigency. In both societies childless widow/wife was made to cohabit with a man, generally from within the family and the son produced furthered the lineage of her husband. The consent of the widow/wife was not really sought for the practice to get its social sanction. In the paper we shall study the issue from a gendered perspective and explore whether the practices of Yibbum and Niyoga implied exploitation of women. Further what was the class and caste location of the practice respective cultures and who eventually stood to benefit from it in two different parts of ancient world. Procreation of male child preoccupied complex societies since times immemorial. The emergence of complex set up brought with itself issues of land occupation and inheritance and when this got combined with consolidation of patriarchy demand for a male child converted into an obsession. In any patriarchal set up sons were looked upon as promoters of lineage, inheritors of property [especially land] and performers of ancestral rites. The absence of a male issue was regarded a serious aberration and alternatives were worked out to surmount the problem. One such way was resorting to levirate or what was called the niyoga in early India. G.Robina Quale defines levirate as treating the sons sired by the deceased husband's brother as the son of the deceased [1]. The term is also used to describe husband –succession, or having the wife's son by a second husband inherit the estate of the first [sonless] one, as well sharing in the estate of their actual father with any other sons he might have by other wives. The expression is also used for widow inheritance, or merging of the estate of a sonless deceased husband with that of a second kinsman-husband. On the other hand P.V.Kane has defined niyoga as the 'appointment of a wife or a widow to procreate a son from the intercourse of with an appointed male'[2]. It clearly came within the fold of apaddharma or the law of exigency, something that could be resorted to only in the time of emergency. The paper intends looking at the practice in two distinct contexts of ancient world; primarily in ancient Israel especially within the context of ancient Judaism and trace parallels in Ancient Indian brahmanical tradition. In Judaism, a levirate marriage (yibbum) was mandated by the Torah [Jewish legal system, Deuteronomy 25.5-10] which obliged a brother to marry the