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Is Cohen who had a vasectomy allowed to Bless the congregation? Also marry? What happens if he does marry?

Lee
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Penina
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    Penina, welcome to Mi Yodeya, and thanks very much for bringing your questions here! Please consider registering your account, which will give you access to more of the site's features. – Isaac Moses Dec 30 '12 at 06:38
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    Also, please don't forget that for practical halachic advice you need to consult a halachic authority. – HodofHod Dec 30 '12 at 06:52
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    related http://judaism.stackexchange.com/q/15555/759 – Double AA Dec 30 '12 at 07:05
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    This surely begs the question of whether a vasectomy is permitted at all, and if so, under what conditions? The marriage situation is not restricted to Cohanim either. – Epicentre Dec 30 '12 at 07:24
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    @Epicentre, what can be done once a vasectomy's been performed is a reasonable question IMO no matter the propriety of performing the vasectomy in the first place. – msh210 Dec 30 '12 at 07:42

2 Answers2

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A man who has undergone a vasectomy is most likely in the category of Petzua Daka (crushed testicles) who is forbidden to marry a regular Jewess per Devarim 23:2 (although this might depend on the specific medical technique used). (See Shulchan Aruch EH 5:8,10.)

The Talmud (Yevamot 76a) discusses whether a Kohein who is a Petzua Dakah can marry a convert. (Note that generally a Petzua Daka can marry a convert, while a Kohein cannot.) It hinges the question on whether בקדושתיה קאי he retains his holy status. The Rambam (Issurei Biah 16:1-2) rules that he may marry a convert because he has lost his holy status, but he still may not marry a Mamzer. The Raavad argues on the Rambam and permits a Petzua Dakah to marry even a Mamzer. The Shulchan Aruch (EH 5:1) rules like the Rambam, while the Rama and Gra rule like the Raavad.

Chelkat Mechokek (EH 5:1) explains that when the Kohein loses his holy status by becoming a Petzua Daka, he loses it entirely and can now visit cemeteries but can no longer bless the people. Keren Orah (Yevamot 76a sv Hen) rejects this thesis and suggests that they only lose their holy status with respect to forbidden relationships. It would seem Bet Shemuel (EH 5:1) agrees, because he maintains that a Kohein Petzua Dakah retains the prohibition to divorcees and Zonot.

I'll note that the fact that he has a physical deformity does not alone prevent him from blessing the people as the Shulchan Aruch (OC 128:30) rules that only external visible deformities are problematic in this regard.

Ariel correctly points out that many vasectomies are reversible. The Shulchan Aruch (EH 5:4) is clear that if a Petzua Daka's problem is reversed, he reverts back to being a Kosher Jew. That said some (see Shu"t Chatam Sofer EH 1:14) argue that were this to be possible in a given man, then it will turn out he has always been a Kosher Jew. Accordingly, if there is a chance of reversal of the vasectomy, the Kohein Petzua Dakah shouldn't marry a convert or Mamzer lest it be reversible, nor should he marry a regular Jewess lest it not be reversible.

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Double AA
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  • Just a note for the reader: Many vasectomies are reversible, but to make things complicated, some are only partially reversible, i.e. the man can father children, but it is less likely than it would be otherwise. To make things even more complicated, even with a failed reversal, it may still be possible to collect sufficient sperm for IUI or IVF. – Ariel Dec 30 '12 at 08:09
  • @Ariel If he does get fixed then he reverts to being Kosher. See EH 5:4 – Double AA Dec 30 '12 at 08:10
  • Does he have to get fixed, given that even without doing so it's possible to collect sperm surgically? I.e. does he have to be naturally fertile, or does medically fertile (if that's a real term) count too? – Ariel Dec 30 '12 at 08:14
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    @Ariel שולחן ערוך אה"ע סימן ה : ד ניקב למטה מהעטרה, כשר. ניקבה עטרה עצמה, אם כשיראה קרי תצא שכבת זרע מהנקב, פסול. ואם נסתם הנקב, חזר להכשירו. So we see there are structural things that need to be in place too. It's not just about ability to collect/produce sperm. – Double AA Dec 30 '12 at 08:20
  • @Ariel See recent edit. – Double AA Dec 30 '12 at 09:10
  • Source for "if there is a chance of reversal, the Kohein shouldn't marry a convert or Mamzer lest it is reversed"? Maybe he can marry one, and not reverse it. – msh210 Dec 30 '12 at 22:36
  • @msh210 The Chatam Sofer understands that real Petzua Daka is scientifically irreversible (what he's going to say after they develop testis out of stem cells I don't know). So if in this case, the man's anatomy was such that it was reversible (and undoing a vasectomy doesn't always work) then he would not be a real Petzua Dakah even given his current state. Until he tries to reverse it he is a safek. Reversing it is just mevarer that safek. – Double AA Dec 30 '12 at 22:46
  • Can a Petzua Daka marry a divorcee? – Bruce James Jan 16 '13 at 20:06
  • @BruceJames You mean a Yisrael who is a Petzua Daka? Not unless she is also a convert or something else which would allow him to marry her even if she wasn't a divorcee. – Double AA Jan 16 '13 at 23:48
  • @DoubleAA: When the Torah here says that one who was self castrated cannot "join" Klal Yisroel, doesn't it mean that he can't convert? Or is it saying that a Jew who does this is no longer Jewish? Or is it saying that someone who was disfigured even by war or accident is no longer Jewish (which sounds like what you are saying)? – Bruce James Jan 17 '13 at 10:17
  • @BruceJames Wait a second: who said they are no longer Jewish?? A Petzua Dakah can't marry a regular Jewess just like a Mamzer can't (see the next pasuk). – Double AA Jan 17 '13 at 10:22
  • so what is the final answer is he a Cohen or does he lose his holy status or both? can he bless there are conflicting opinions above some say if it is not visible he can bless?Shulchan Aruch (OC 128:30) rules that only external visible deformities are problematic in this regard. or does that relate to other deformities? excluding Vasectomy? Also if a Cohen had prostrate cancer does that also fall into this category? Is the answer the same? Thank you for your clarification on this, – Penina Jan 17 '13 at 13:30
  • @penina I don't provide final answers but personal rabbis do. If you don't understand something I wrote about the different opinions please ask me to clarify. But for a final ruling you must CYLOR. – Double AA Jan 17 '13 at 15:57
  • This is what the rabbi Answered He may bless. Only if he transgresses the special Kohen laws which do not apply to all other Jewish people, is he disqualified from the blessings – (source: “Code of Jewish Law” O.C. 128:40, MB 147 there). – Penina Jan 20 '13 at 17:25
  • @Penina I already cited that in my answer. – Double AA Jan 20 '13 at 18:42
  • this refers to the the final ruling answer ad CYLOR which you said was not a included was that if he had the vasectomy he may bless all other Kohen laws that are transgressed he may not but now you bring up the question where the vasectomy was located? – Penina Jan 21 '13 at 19:32
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This is what the Rabbis Answeredabout Marrying with a Vasectomy The vasectomy procedure is done on the vas deferens (many, if not most times) inside the body cavity (as opposed to the sexual organ extremities). The person is therefore not considered a “Petzuah Dakah” of the Torah, and may marrry or remain with his wife if they had a proper orthodox marriage – (source: “Chazon Ish” E.H. 12:7). If the vasectomy was done on the outer organs, then if reconstruction surgery repairs the vasectomy damage, he may marry or remain with his wife (if he was married). If the reconstruction surgery is not successful, but the majority of the people who have the reconstruction surgery are able to procreate, then even the person who did not have successful reconstruction surgery is still allowed to marry, or remain with his wife (if they had a proper orthodox marriage) – (source: “Igrot Moshe” by R’ M.Feinstein, E.H. IV 30).

Penina
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    Which Rabbis answered? – Double AA Jan 20 '13 at 18:42
  • IAE we'd have to check with a medical professional, but I think most vasectomies are performed much lower on the vas deferens than the Chazon Ish contends, and would make the patient a Petzua Daka. Perhaps medical SOP has changed in the last 80 years. – Double AA Jan 20 '13 at 19:01