As the status of a woman’s right to abortion hangs in the balance before the Supreme Court, this week’s Torah portion, Mishpatim, forms the foundation of the Jewish view on abortion, which stands in stark contrast to anti-abortion absolutists.
“When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman’s husband may exact from him, the payment to be based on reckoning.” (Exodus 20:22) Our rabbis derived from this verse that if the man who causes a woman to miscarry can not be put to death (life for life) but must pay a fine, then the death of the fetus is not the same as the death of a human being.
Further, a fetus is not equivalent to a human being. A fetus retains this status of less-than-human, until its head emerges from the birth canal (Sanhedrin 72b). Until this time the fetus is considered part of the mother (Gittin 23b) and if the fetus could harm the mothers life, even on the day of birth, it is considered a “rodef” (one who pursues another to kill them) and can be aborted, even if full term, to save the mother’s life (Mishnah Ohalot 7:6).
Until the head of the fetus emerges, the top priority is saving the life of the mother. Once the baby’s head emerges, then both must be saved or the one with the best chance of survival.
It is important to note that this is not abortion on demand. But rabbinic authorities have provided great latitude in defining what constitutes a mortal threat. Rabbi Jacob Emden (18th C. Germany) allowed abortion to save the mother from great pain. Rabbi Ben Zion Uziel, Sephardic Chief Rabbi of Palestine in the 1930’s and Chief Rabbi of Israel until 1955, allowed abortion if going forward with the pregnancy would cause the mother to go deaf. Rabbi Eliezer Waldenberg, Uncle of our former rabbi Shelly Waldenberg, and the leading rabbinic authority on medicine and Jewish law in the 20th century, permitted abortion if the fetus had Tay-Sachs disease and by extension other fatal conditions.
All these rulings, by revered Orthodox rabbinic authorities, show that the Jewish tradition understands that a fetus is not a “baby” and its status is less than human; thus, the life and health of the mother, both physical and mental, take precedence over the potential life of an unborn fetus.
Like many things in Judaism, it is a thoughtful and careful balancing of needs, rather than the embrace of absolutes.
~Rabbi Dean Kertesz
Mishpatim, Exodus 21:1-24:18, Parshat Ha Shavua for Shabbat, Saturday, January 29, 2022
January 28, 2022 by Dean Kertesz • Drashot
As the status of a woman’s right to abortion hangs in the balance before the Supreme Court, this week’s Torah portion, Mishpatim, forms the foundation of the Jewish view on abortion, which stands in stark contrast to anti-abortion absolutists.
“When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman’s husband may exact from him, the payment to be based on reckoning.” (Exodus 20:22) Our rabbis derived from this verse that if the man who causes a woman to miscarry can not be put to death (life for life) but must pay a fine, then the death of the fetus is not the same as the death of a human being.
Further, a fetus is not equivalent to a human being. A fetus retains this status of less-than-human, until its head emerges from the birth canal (Sanhedrin 72b). Until this time the fetus is considered part of the mother (Gittin 23b) and if the fetus could harm the mothers life, even on the day of birth, it is considered a “rodef” (one who pursues another to kill them) and can be aborted, even if full term, to save the mother’s life (Mishnah Ohalot 7:6).
Until the head of the fetus emerges, the top priority is saving the life of the mother. Once the baby’s head emerges, then both must be saved or the one with the best chance of survival.
It is important to note that this is not abortion on demand. But rabbinic authorities have provided great latitude in defining what constitutes a mortal threat. Rabbi Jacob Emden (18th C. Germany) allowed abortion to save the mother from great pain. Rabbi Ben Zion Uziel, Sephardic Chief Rabbi of Palestine in the 1930’s and Chief Rabbi of Israel until 1955, allowed abortion if going forward with the pregnancy would cause the mother to go deaf. Rabbi Eliezer Waldenberg, Uncle of our former rabbi Shelly Waldenberg, and the leading rabbinic authority on medicine and Jewish law in the 20th century, permitted abortion if the fetus had Tay-Sachs disease and by extension other fatal conditions.
All these rulings, by revered Orthodox rabbinic authorities, show that the Jewish tradition understands that a fetus is not a “baby” and its status is less than human; thus, the life and health of the mother, both physical and mental, take precedence over the potential life of an unborn fetus.
Like many things in Judaism, it is a thoughtful and careful balancing of needs, rather than the embrace of absolutes.
~Rabbi Dean Kertesz