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Comments on Can a man father legal children after death?

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Can a man father legal children after death?

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If semen was extracted from a dead man, and then used to impregnate a woman, is the offspring a legal son (let's limit it to male) of the dead man?

Or, more simply put, is a child born of ones semen (either before or after death and without or without his permission) a legal child, which would have many consequences in Halacha. Such as inheritance, Chalitsah and other such related categories. If not, how is his lineage to be viewed?

halacha inheritance
posted over 4 years ago
4y ago by DonielF‭
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Dr. Shmuel‭
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2 comment threads

https://daat.ac.il/daat/kitveyet/assia_english/halperin1-1.htm (1 comment)
General comments (6 comments)
General comments
Dr. Shmuel‭ wrote over 4 years ago
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@DonielF, even though it is only an example.. not sure if that is evident, but it would certainly give any answer proper context and whatnot..

manassehkatz‭ wrote over 4 years ago
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Assuming "without or without" is really "with or without", there are 4 different scenarios here: with permission before death ("normal"), without permission before death (sperm bank misuse?), with permission after death (normal conception, but died before birth of son), without permission after death ("extracted from a dead man"). Suggest breaking this up into clear sections - "with permission before" is something certainly discussed quite a bit.

user8078‭ wrote over 4 years ago
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Not entirely parallel, but Sanhedrin 92b.4 implies that there is inheritance after death and resurrection

rosends‭ wrote over 4 years ago
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some issues dealt with here https://www.myjewishlearning.com/article/artificial-insemination-in-jewish-law/

Alaychem‭ wrote over 4 years ago
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This topic is being discussed excessively by the most important poskim, and it's beyond the scope of this site...

Dr. Shmuel‭ wrote over 4 years ago
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@Alaychem, okay, would you be able to elaborate in the comment section?