Dilemas in Jewish Law on Cloning and Problems that Arise

Sages of Jewish law have different interpretations concerning the teaching found in Kiddushin 30 which says that a human being has three partners: the mother, father and God. The partners in a cloned human could be different since the mother could vary and the origins of the father might have to be traced back to the father of the original person being cloned. Interestingly enough, while there is a commandment to procreate, there is no obligation in the Torah requiring a man and a woman to procreate through intercourse.

There are several other halachic dilemmas voiced in Jewish communities about cloning. The Torah states that man "must be fruitful and multiply" or the duty known as peru u-revu (in Hebrew). The obligation for a Jewish man and woman known as peru u-revu states that a couple must continue to have as many children as they possibly can under their social conditions. Jewish law also obligates a Jewish man to have offspring which according to varying interpretations of the Torah is two male sons, one male and one female child, or two female children that produce male grandchildren. Since a clone does not come directly from a man and a woman, the issue has been raised whether or not a cloned individual fulfills this obligation. This issue has not reached a clear and concise agreement within all branches of the Jewish community. More orthodox leaning interpretations reject this notion that a clone fulfills this filial obligation for the parents while more liberal reform leaning and some conservative rabbis allow this obligation to be fulfilled.

One of the more liberal rabbis who has dealt with the issues of cloning and has written several books on the subject matter is Rabbi Michael Broyde. When asked about Jewish views on cloning, Broyde replied, "In sum, one is inclined to state that halacha views cloning as far less than the ideal way to reproduce people; however, when no other method is available it would appear that Jewish law accepts having children through cloning is perhaps a blessing or mitzvah in a number of circumstances and is morally neutral in a number of other circumstances. Rabbi Broyde believes in the old biblical interpretation that having children through conjugal relations is by far the best way of fulfilling the God given obligations of a man and a woman to have children. However, according to his opinion, faced with the option of being unable to have children and being able to have children through cloning methods, cloning would be preferable and not condemned. Also noteworthy is Rabbi Broyde's opinion is that it can only be considered a mitzvah for the parents to have a cloned child if they have exhausted all available channels to have a child such as in vitro fertilization or artificial insemination. On the other hand, Jewish law is totally different if the woman is the donor instead of the fetus carrier in the process of cloning. There is no mitzvah for a woman to have children or to donate embryos to help a woman have children. There are biblical references which encourage a woman to have children including a quote from the Matriarch Rachael. In Rachael's quote, she says that if she doesn't have children, she might as well be dead. A woman who is not married and donates genetic material towards the cloning process can be considered to be performing a permissible activity under Jewish law since no law is being violated. However, if the donor woman is married, then it could be considered a prohibited act under Jewish law because it states that a married woman can only be the mother to her husband's child. The donor woman of the genetic material could be considered the mother of the child and this violates Jewish law if the woman is married and therefore it is a prohibited act.