Contraception in Contemporary Orthodox Judaism
Contraception in Contemporary Orthodox Judaism
Contraception in Contemporary Orthodox Judaism
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It should be po<strong>in</strong>ted out that our knowledge of Rabbenu Tam’s<br />
<strong>in</strong>terpretations has always been second hand. His <strong>in</strong>terpretations have<br />
come down to us through the writ<strong>in</strong>gs of other Rishonim – either the<br />
various versions of the Ba’alei Tosafos or through Spanish rabbis such<br />
the Ramban, Rashba, and Ritva. Consequently, we have different<br />
versions of what Rabbenu Tam actually held concern<strong>in</strong>g the question<br />
at hand.<br />
The commentary of Tosafos <strong>in</strong> both Yavamos and Kesuvos, and that of<br />
Tosefos HaRosh <strong>in</strong> Yavamos, expla<strong>in</strong>ed Rabbenu Tam’s position as<br />
apply<strong>in</strong>g only to the moch after <strong>in</strong>tercourse. Insertion of the moch<br />
before <strong>in</strong>tercourse would be forbidden by both Rabbi Meir and the<br />
Sages, s<strong>in</strong>ce this is not considered the normal way of <strong>in</strong>tercourse and<br />
it is similar to wast<strong>in</strong>g seed (spill<strong>in</strong>g it on wood and stones).<br />
However, the compendium popularly known as Mordechai 19 has<br />
Rabbenu Tam ask<strong>in</strong>g question #2 above on Rashi and reject<strong>in</strong>g<br />
Rashi’s <strong>in</strong>terpretation. He limited the debate to whether or not the<br />
moch is recommended. No mention is made of forbidd<strong>in</strong>g <strong>in</strong>sertion of<br />
the moch before <strong>in</strong>tercourse.<br />
There is another source for Rabbenu Tam that may be even more<br />
significant than the commentaries of the Baalei Tosefos. This is the Sefer<br />
Hayashar, traditionally attributed to Rabbenu Tam himself.<br />
Unfortunately, we no longer have the orig<strong>in</strong>al work and must rely on<br />
editions derived from manuscripts that were likely not written by<br />
Rabbenu Tam 20 . In any case this is what the Sefer Hayashar (Section<br />
165 on Niddah 45a) said about our issue (phrases <strong>in</strong> parentheses are<br />
clarification from the authors of this article):<br />
19 This was written by Mordechai ben Hillel Ashkenazi, a contemporary of Rabbenu Asher, the<br />
author of the compendium known as Rosh. Both were written around the end of the 13 th century.<br />
20 The onl<strong>in</strong>e Jewish Encyclopedia (JewishEncyclopedia.com), under its entry of Jacob ben Meir Tam<br />
(Rabbenu Tam) writes that the critical edition that we have available is actually the work of a student<br />
and relative of Rabbenu Tam who was work<strong>in</strong>g with the now-lost manuscripts of Rabbenu Tam’s<br />
orig<strong>in</strong>al work. The article says that the student worked with ‘great literary precision and faithfulness’.