International Responsa Project

Animal castration
through mediation or chemically

I had a question regarding animal castration. Regarding a Jewish family who bought a male dog and will not get rid of it.

They would like to have it castrated to protect their daughter as the animal gets excited.

As animal castration is usually forbidden by Jews they are faced with a problem?

What options would be halachically permissible? through a goy?

chemical castration through medication?

Answer:

According to the Shulchan Aruch, castration of a male dog entails a Torah prohibition. (E.H. 5:11) The Gemara remains unresolved whether amira l'nochri (instructing a non-Jew), which is prohibited rabbinically on Shabbat, is prohibited also in other areas. The Shulchan Aruch and Rama rule that amira l'nochri applies also to other prohibitions, including castration. (E.H. 5:14; C.M. 338:6)

Thus, castration through a non-Jewish veterinarian is also not allowed. However, in cases of need, the Chasam Sofer (Responsa C.M. #185) allows through "heter mechira," selling to a non-Jew, who will have it castrated, and purchasing back from him. (See also Otzar Haposkim 5:83,85)

Rav Amar is further cited as having allowed amira l'nochri to castrate dangerous dogs on account of hezeka d'rabim (public danger). (See O.C. 334:27)

Castrating a male animal through chemical means is also prohibited. (E.H. 5:12) Where the animal is in danger, some permit it even through a Jew and others only through a non-Jew. (Pischei Teshuva 5:12) However, from a veterinary perspective, castration through medication is less preferred.

Answered by: Rabbi Meir Orlian at 26/2/2015

International Responsa Project

Treating an end-stage liver patient
with possibly life shortening procedure

Dear Team at Schlesinger Institute

Just wanted your views and possibly to point us towards some literature about the following case:

Lady is 70s end stage idiopathic cirrhosis of liver. Patient had pedal oedema and pulmonary oedema from poor liver function.

What is the consensus about giving such a patient sub cut fluids in the end stage of life.

I would think that it may actually shorten life as the intra vascular oncotic pressure is so low that the fluid will be deposited in the extra vascular space making breathing and moving more difficult.

Please try give us some sources to look at

Thank you

Answer:

In principle, one should not administer a treatment that endangers the patient. This is true for any patient, and is true also for a patient at end stage. On the other hand, it is prohibited to stop fluids because of "ideological" reasons. I.e., when there is no danger to the patient from the feeding or hydration, it is prohibited to stop this because of low-quality life.

Addition of Rav Halperin: On the practical level, each case needs to be evaluated individually. In some cases, indeed, fluids should not be given in large quantities, on account of danger to the patient. There is still an obligation to give fluids in a smaller quantity, which will prevent dehydration, but will not endanger the patient. The details in each case are complicated and require a formal medical recommendation from an expert who is treating and familiar with the patient.

See entry "Terminally Ill" in Encyclopedia of Jewish Medical Ethics, vol. III, pp. 1046-1088.

Answered by: prof. A. Steinberg at 20/6/2014

International Responsa Project

Practical laws that should be observed
while in the anatomy lab

Shalom,

I am trying to compile a list of practical laws that should be observed while in the anatomy lab. Shulchan Aruch in Yoreh Deah 367 and 368 lists halachos that apply to Jewish cemeteries:

1. Do any of these laws apply to anatomy lab, assuming that the cadavers are non-Jewish?

2. For instance, is it technically permitted to eat or drink in the anatomy lab?

3. Also, would any of the customs/laws followed by a chevra kadisha apply?

4. For example, is it permitted to pass objects across the cadaver or leave the face uncovered even when not dissecting the face?

5. Also, Shulchan Aruch Orach Chaim 4:18 requires washing hands after touching a cadaver, does this apply to non-Jewish cadavers in the anatomy lab?

Are there any teshuvos or journal articles that deal with these types of questions?

Thank you very much,

Answer:

1. The answer is affirmative.

2. It is not permissible to eat or drink in the described anatomy lab.

3. In general, the Minhagim of the Chevra Kadisha apply only to deceased that they are in charge of, but Minhagiom that have to do with Kvod Hamet apply in every case.

4. Actions and conventions depicted in this question originate with basic dignity - kvod hamet, and therefore apply universally.

5. The obligation to wash the hands after touching the dead exists in any case.

Answered by: Dr. M. Halperin at 6/7/2012

International Responsa Project

Tahara after giving birth
to a boy or a girl

Why does the Tora say a woman is impure 40 days after having a boy and 80 days after having a girl?

Answer:

Let us first clarify the facts, and then offer possible explanations. After the birth of a boy, the woman is impure for 7 seven days (even if there was no blood), and pure for the following 33 (even if she were to see blood). After the birth of a girl, the woman is impure for 14 days, and pure for the following 66. Thus, both the impure and pure days for a girl are doubled.

Nowadays, we do not practice the "pure" days. The woman remains impure and has the status of a "nidah" until the bleeding stops and she can count the seven clean days, for both a boy and a girl. Afterwards, she may immerse in the mikvah.

Therefor, there is no practical difference nowadays between the pirth of a boy and that of a girl.

Why are the days doubled? Some early commentators (see Ibn Ezra and Ramban Vayikra 12:4-5) suggest that there is a biological difference between the creation of a female and that of a male, or in the quantity of secretions that follow the birth. This explanation is difficult to accept nowadays, although there may be deeper, kabbalistic, differences in the formation of their respective spiritual nature. Another explanation, offered by Rav Shmuel Eliyahu shlita, is that Adam underwent a single creation, whereas Eve underwent a double creation - first as part of Adam, and afterwards as a distinct person. Thus, the birth of a girl represents a double birth, and hence the days of impurity and purity are doubled.

A third explanation can be offered based on Chazal's comment that bris milah is on the eighth so that the couple would be permitted to each other and share in the joyful occasion. Thus, it is possible that the Torah halved the impure and pure days for the birth of a boy to conform to the day of the bris.

In a similar vein, one can offer an additional explanation. R. Meir (Nidah 31b) teaches that the separation required during the days of nidah is so that the husband should not view their relationship as routine, but should cherish his wife with renewed joy after her immersion. Thus, after the birth of a girl, we require a double waiting period so that the husband's subsequent joy will parallel the joy accompanying the birth of a boy.

Answered by: Rabbi Meir Orlian at 19/4/2014