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If a woman has relations with a non-Jew with condom use, are they still permissible to a Cohen? Does anybody have a reference to the specific heter which permits this.

Edit: I know that relations with a non-Jew fall under the category of zona in this matter. However, I have read in passing that use of a condom can constitute a heter for this circumstance (read in passing being mostly on blog posts and comment threads about being being questioned by a beis din about using one every time), but have not been able to find an actual halachic authority who is behind this heter, hence the question.

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  • What would condoms have to do with such actions?
    – sabbahillel
    Commented Jul 23, 2017 at 7:15
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    Possible duplicate of Prohibition of a Kohen marrying a Zonah
    – sabbahillel
    Commented Jul 23, 2017 at 7:18
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    @sabbahillel maybe they are wondering if a chatzitza is relevant to the sugya
    – robev
    Commented Jul 23, 2017 at 12:20
  • @sabbahillel Read the edit in their question. This is very clearly not a duplicate. However, I am going to vote as unclear as the OP has not made a case that a condom should make a difference: the definition of bi'ah, as discussed in the flagged question, is "having marital relations." It doesn't make any mention of a transfer of sperm.
    – DonielF
    Commented Jul 23, 2017 at 23:53
  • This question needs to have citation to their "heter". The specific language from the Beit Din question would likely indicate intent. It doesn't seem to be about the definition of a Zona. It is asking if condom use takes the act of forbidden intercourse out of the definition Ervah.
    – Yaacov Deane
    Commented Jul 27, 2017 at 18:24

1 Answer 1

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Rav Chaim Ozer Grodinsky (Saifer Achiezer 1:23, 3:24,5) proposes that the use of a condom should not be considered "Derech Biah" - the normal act of relations. It is considered a shinui in the act.

Thus when one uses a condom, some have suggested, that the act of relations shouldn't possibly be considered or fall into the Halachic category of "Biah"

I have heard some propose that this could be a way to lighten the prohibition for homosexual relations. That by using a condom, and thus declassifying the act of relations as outside of the Halachic category of Biah, the act would not carry with it the same level of transgression as if one were to preform the act without a condom. (Obviously the act would carry a myriad of other problematic Halachic issues)

Based off this, one could propose as well, that if one were to use a condom in the act of relations with a Non-Jewish woman, it too wouldn't carry the same level of punishment.

Therefore there is possibly an argument to be made that it is as if the Kohen did not actually have Halachic Biah with the non Jewish woman.

This answer should be considered purely theoretical and SHOULD NOT be taken into practice

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  • 2
    Has anyone discussed this lema'ase?
    – Noach MiFrankfurt
    Commented Jul 23, 2017 at 20:52
  • But a Sanhedrin would still kill when applicable as witnesses don't need to see kimchol bishfoferes and these people are acting biderech minaafim.
    – user6591
    Commented Jul 23, 2017 at 21:04
  • @user perhaps that chazaka doesn't apply now that condoms are so ubiquitous
    – Double AA ♦
    Commented Jul 23, 2017 at 22:17
  • @Double I wonder. Btw your pinging attempts haven't been reaching me.
    – user6591
    Commented Jul 24, 2017 at 0:17
  • @user6591 on the other hand if they're that ubiquitous they might just be derekh kol haaretz already
    – Double AA ♦
    Commented Jul 24, 2017 at 13:33

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