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A fascinating gemara (Berachot 60a) builds on the story behind Dina’s birth. The Torah says, "And afterward, she gave birth to a daughter, and she called her name Dina" (Bereishit 30:21). Rav explains that "afterward" hints at Leah’s calculation (din) during her pregnancy that if she would have a seventh son, Rachel would have only one of the twelve prophesied sons of Yaakov, and therefore the baby was turned into a girl, called Dina.
The gemara does not explain how the fetus turned into a girl, whether it was through a change in genes or in some other way. Targum Yonatan explains the miracle as follows. Leah was pregnant with Yosef, and Rachel was pregnant with Dina, and Hashem switched the babies from womb to womb. Rabbi Elazar Hakalir also takes this approach in a yotzer for Mussaf of Rosh Hashana.
Following the logical conclusion of this midrashic approach, in the case that a baby is born from the egg of Woman A that was implanted in the womb of Woman B, it is considered the child of Woman B. Only in that way can we (and, more importantly, the Torah) call Yosef the son of Rachel and Dina the daughter of Leah. There are those who wanted to reach halachic conclusions regarding the modern miraculous (in its own way) phenomenon of surrogate motherhood, that the birth mother is the halachic mother, not the genetic mother (the egg provider). There are many halachic ramifications to the claim that the surrogate is the halachic mother.
However, many argue cogently that midrashim are intended to teach matters of ethics, not halacha, for which Chazal employed a different system. So what do we learn ethically? From the story of Rachel, Leah, and Yaakov we see the importance of people being willing to sacrifice for the sake of their relative, which is also true regarding others in society. We also are reminded about the extreme personal yearning for children and the extent to which we should help such people bring children into the world.
Today there are many more avenues to explore in fulfilling these natural yearnings, and we are proud that Israel and significant parts of the rabbinic community are in the forefront of these efforts. Feel free to contact us at: [email protected] for a copy of our responsum on surrogacy. In the meantime, we wish all a life full of happiness and the laughter of children, grandchildren, and great-grandchildren.
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
