Translation:Shulchan Aruch/Even ha-Ezer/5

Paragraph 1- One who is a “petzuah dakah” or a “krus shafcha” cannot marry a Jewish girl. He is permitted to marry a female convert or freed slave. Even a kohen with crushed testicles can marry a female convert or freed slave because he is not considered holy. He is even permitted to marry a nesinah or one of the uncertains. Because a petzuah dakah is prohibited to marry in, the rabbis did not include them in their decree on nesinim and uncertains. He would, however, be prohibited from marrying a certain-illegitimate, because that is biblically prohibited. There are those who even permit him to marry an illegitimate woman.

Paragraph 2- What is a petzuah dakah? One whose testicles are crushed. A krus shafchaa is one whose member is severed. There are three limbs in which it is possible for a male to become disqualified: the member, the testicles and their paths where the semen is formed, which is called the chords of the testicles. Once any of these three limbs is wounded, cut off or crushed, the individual becomes disqualified. How so? If one’s member was wounded or crushed, or the crown or the area above the crown were cut off, he is disqualified. If the top of the crown was cut off but there was even the size of barley remaining surrounding the entire member, he is valid.

Paragraph 3- If the area above the crown was cut off diagonally like a pen, the individual is valid. If it was cut like a pipe where the inside of the member was removed and only the walls were remaining, according to Rashi and the Rambam he is disqualified and according to the Rambam he is valid.

Paragraph 4- If one had a hole below the crown, he is valid. If the crown itself had a hole and when he emits semen it exits through the hole, he is disqualified. If the hole closes up, he reverts to his valid state.

Paragraph 5- If one had a hole below the crown in a way that the area above and opposite the hole is in the crown, he is disqualified because the entire crown disqualifies.

Paragraph 6- If the path of the semen closed up, but he then is able to see semen because he urinates, he is disqualified.

Paragraph 7- If one’s testicles or one of his testicles were cut off, bruised, crushed, missing or had a perforated hole straight through he is disqualified. ''This is the primary view, and not like those who permit one with one testicle if the missing testicle was removed and the right testicle was remaining. Nonetheless, I have seen those who are lenient like the latter view, but it is good to be stringent on a biblical prohibition and be concerned for the more stringent opinion which is the majority opinion in both quantity and quality.''

Paragraph 8- If one’s testicle chords or one of them were cut off, crushed or bruised, he is disqualified.

Paragraph 9- If one of the chords of the testicles to the urine path were perforated, and he urinates from the water path and urine path, he is valid.

Paragraph 10- Any disqualification mentioned on this topic is where it was not an act of God, such as where a person cut it or hit it with a thorn or something similar. If one was born with a severed member, wounded testicles or without testicles, however, or he got sick and these limbs became nullified or he developed boils which withered or cut them, he is permitted to marry in because all of these are considered acts of God according the Rambam. According to Rashi and the Rosh, an act of God is only through lightning, hail or from the mother’s womb. Via sickness, however, is considered by human hands and he would be disqualified. The Rosh writes that this is the implication of the Yerushalmi.

Paragraph 11- One is prohibited from destroying semen-limbs, whether those of a person, domesticated animal, wild animal or bird, whether they are kosher or not, and whether in Israel or the Diaspora. Anyone who castrates would receive biblical lashes in all places. Even one who castrates following a castration would receive lashes. How so? If one came and cut off the member, another came and cut or detached the testicles, another came and cut the testicle-chords or one came and crushed the member, another came and detached it and another came and cut it off, they would all receive lashes, even though the last person castrated someone who was sterile, whether it is an animal, domesticated animal, wild animal or bird. If one castrates a female person or other species, he would be exempt but it is still prohibited.

Paragraph 12- If one drinks a potion with ingredients that makes a person or other living species sterile, he has violated a prohibition but would not receive lashes. A woman is permitted to drink these ingredients in order to sterilize her so that she does not give birth.

Paragraph 13- If one held down another person and incited a dog or other wild animal to wound him until his member was severed, or he placed him in water or snow until the victim’s sexual organs became nullified, he would not receive lashes until the perpetrator castrates him with his hands. It is appropriate to give him mardus lashes. One is permitted to remove the crest of a chicken, however, or anything similar, even if the animal will become sterile from it because he did not do anything to the semen-limbs.

Paragraph 14- One is prohibited to tell a gentile to castrate his animal. If the gentile took the animal on his own and castrated it, it is permitted. If the Jew committed trickery with this, we would fine him. This is true even the Jew did not perform trickery but the gentile is aware of the context and intends to benefit the Jew. He may sell the animal to another Jew. He may even sell it to his adult son. He cannot, however, sell or gift it to his minor son. ''One is permitted to give an animal to a gentile to split the profit, even though the gentile will certainly castrate the animal because he is doing it for himself. One may sell animals and chickens to a gentile even though the gentile will certainly acquire them with the intention to castrate. There are those who prohibit selling them. If the gentile will not castrate it himself, however, but will give it to another gentile to castrate, it is permitted according to all opinions. Anything that is needed for medical or other purposes does not raise any issues of causing pain to animals. Thus, one is permitted to stuff wild geese and there is no concern of causing pain to animal. The public refrains from this, however, for cruelty reasons.''