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Artificial Techniques of Procreation: Legal and Moral Aspects

Published online by Cambridge University Press:  04 July 2014

Pinhas Shifinan
Affiliation:
Professor of Family Law, The Hebrew University of Jerusalem.
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Extract

The Psalmist's wrote: “For my father and my mother have forsaken me, but the Lord will take me up”. The eleventh-century commentator Rashi explains that this abandoned child, forsaken by his father and mother, is actually a fetus. “For my mother and father have forsaken me — [i.e.] during coition, they thought of their own enjoyment, and having finished their enjoyment, he turns away and she turns away; But the Lord will take me up — [i.e.] the Holy One Blessed Be He protects the semen and creates the fetus”. This graphic and surprisingly poignant depiction of the bedroom is an attempt to portray man's existential solitude from the very moment of conception. He is abandoned by his parents, who were partners to his conception. They forsake him as soon as they complete their sexual intercourse, since their exertions were meant for pleasure, not for childbirth. At this point, intercession comes from God, whom the Sages elsewhere say is the third partner to the creation of man. God assumes responsibility for the continued development of the embryo from conception onward. The underlying assumption of this view is that childbirth is an incidental byproduct of sexual relations, which are primarily intended for mutual pleasure.

Type
Bioethics and the Law — Organ Transplants
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1993

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References

1 Psalms 27:10.

2 “There are three partners in man: the Holy One Blessed Be He, his father and his mother”: Kiddushin 30b.

3 Genesis 30:1.

4 Thus Spake Zarathustra.

5 See, in general, Shifman, P., Family Law in Israel, vol. II, (Jerusalem, 1985, in Hebrew) 101 ff.Google Scholar

6 (1992) S.H. no. 1391, p. 50.

7 Plonit v. Ploni, (1981) 35(iii) P.D. 57, at 81.

8 The Zeitsov case, (1986) 40 (ii) P.D. 85. See Heyd, D., “Are Wrongful Life' Claims Philosophically Valid?” (1986) 21 Is. L.R. 574.Google Scholar

9 Shalev, C., “A Man's Right to be Equal: The Abortion Issue”, (1983) 18 Is.L.R. 381.Google ScholarPubMed

10 Supra n. 4.