Rabbi Avigdor's Ruling.pdf

Rabbi Avigdor Nebenzahl questions the halachic conclusion without intending to undermine it, suggesting that it's possible that Rabbi Yishmael's opinion, which prohibits the practice, may be based on the views of Malchiel and Chazon Ish, and proposes adding several notes to the article, including:

A. If they were to prohibit this practice, they would be causing at least one of two things: either the man would not fulfill the mitzvah of procreation, or the couple would divorce, leading to sadness and bitterness in the home.

B. If the purpose of marriage is to create a family and have children, and not just for mutual pleasure, then it's possible to argue that using a lab to fertilize an egg is not considered "wasting seed" and is actually an attempt to fulfill the mitzvah of procreation.

C. Even if the act is not successful, the person has still acted with the intention of fulfilling the mitzvah, and it's possible that the Torah's prohibition on "wasting seed" does not apply in this case.

D. The comparison to idolatrous practices is not relevant, as in this case, both the man and woman are kosher and suitable for having children, but are in need of assistance.