https://halachipedia.com/api.php?action=feedcontributions&user=Jackbauer24&feedformat=atomHalachipedia - User contributions [en]2024-03-28T20:49:49ZUser contributionsMediaWiki 1.39.3https://halachipedia.com/index.php?title=Abortion&diff=8355Abortion2013-03-21T14:45:16Z<p>Jackbauer24: </p>
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<div>In the torah it seems clear that there is some kind of prohibition on abortion,<ref> Tosafot Sanhedrin 59a “Leka Midam” Since there is no prohibition a non jew has that a jew does not, we can derive it is forbidden for Jews as well.</ref> but it is unclear as to what the prohibition it is.<ref> There seems to be a contradiction in two sources from the torah. In Bereshit Chapter 9, it says that abortion is prohibited for non jews, and one will receive the death penalty for killing a “man within a man.” Sanhedrin 57b. In Shemot Chapter 21, however, it says, if a Jew kills a fetus he is just liable a monetary punishment. Therefore, although there certainly is a prohibition, opinions vary widely as to what the prohibition is, see section “What is the Prohibition?” below. </ref> Due to the dispute about why abortion is prohibited, there is also a debate about in which cases abortion is prohibited and in which it is permitted. Despite the fact that abortion is prohibited, in Halacha, as opposed to in Catholic and other Christian doctrines, all Poskim agree that abortion is permitted at least in one case. Please note, that while this article describes different opinions on when abortion is forbidden and when it is permitted, a layman should not make any decisions on his own in this serious matter, rather he should consult a Rav of eminent stature who is knowledge in this matter.<Ref>[http://www.yutorah.org/lectures/lecture.cfm/735906/Rabbi_Chaim_Jachter/Embryonic_Stem_Cell_Research# Rabbi Chaim Jachter] quotes from Rabbi Aharon Lichtenstein that just like an ordinary physician wouldn't perform a complicated surgery such as a liver transplant, so too an ordinary Rabbi should not render an opinion on abortion, rather a Rabbi of eminent stature should render a decision.</ref><br />
== What is the Prohibition? ==<br />
# According to Rabbi Moshe Feinstein, abortion is considered murder. However, this murder does not come with a death penalty. There are some cases of murder when the murderer does not get the death penalty. One of these cases is someone who murders one who is terminally ill. <ref> Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69</ref><br />
# According to Rabbi Issar Unterman, abortion is considered אבזרייהו דרציחה akin to murder.<ref> I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law</ref><br />
# One possible prohibition could be that it is against the commandment of פרו ורבו. Part of the commandment is to allow every potential soul to come into being, and if one does abortion, they cannot do this. <ref> Yevamos 63b</ref><br />
# Spilling the seed/Onanism. The fetus is more similar to the basic seed than to a human, so destroying the fetus would be like destroying the seed.<ref>Talmud Bavli: Niddah 13a; Chavos Yair, Siman 31</ref><br />
# Aborting the fetus is injuring the mother (Chavalah). Exodus 21 says that if two men are fighting and hit a pregnant woman and there is no death, but the fetus is miscarried, then they have to pay a monetary payment. So the fetus is more a part of the mother than a separate life. <ref>Exodus 21:22</ref><br />
# It’s a Rabbinical prohibition. There’s no clear prohibition in the Torah, so our only real sources are the rabbinical sources. <ref>Sanhedrin עב; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref><br />
# According to the Zohar, one who kills a fetus is guilty of destroying God’s handiwork. <ref>Hok L’Yisrael, Shemot for Monday, Zohar, Shemot 3b</ref> it is unclear if this constitutes a different view of the technical prohibition, or if this is just a reasoning explaining the severity of abortion. A punishment unlike that for murder is detailed.<br />
== Practical Abortion Cases ==<br />
# If the mother’s life is being directly threatened by the fetus, in the sense that if she does not abort, she will die, then it is permissible to abort the child. This is because we prioritize the life that is already living, rather than the one that has not been born yet. <ref>Mishna Ohelet Perek 7 Mishana 7</ref> <br />
# When there is a special case where you are required to kill a fetus or be killed, there is a debate as to what we are allowed to do. In judaism there are three cases that we must die before doing including you must take your life before killing another human. In a case where you are being forced to kill a semi-human, is it allowed? There was a case during World War I in which a doctor was told to abort a baby carried by a mother that had been raped by a German officer. The German told the doctor to abort or be killed. In this kind of case there are two opinions. Rabbi Unterman states that since the prohibition is not murder, but akin to murder, you are allowed to kill the fetus. <ref>I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law. </ref> Rabbi Moshe Feinstein disagrees and says that abortion is murder, but it is still unclear if you have to die rather than abort. <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref><br />
# According to many poskim, you are allowed to abort before 40 days of gestation, because no organs or limbs have formed yet and the fetus is not considered alive. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref><br />
#When a fetus is tested and it is determined that it has a disability or deformity, many poskim <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref> state that there is no allowance for abortion. Rabbi Waldenberg disagrees and rules that when the resulting child’s deformity will cause stress that the parents will not be able to handle, it is permitted to abort. Rabbi waldenberg says “ there is no greater pain than to have a child that will die and there is nothing you can do to fix it.” For most types of deformities, Rabbi Waldenberg permits abortion only until 3 months. If the child has Tay Sachs he allows abortions even up until 7 months.<ref> Ẓiẓ Eliezer, 13:102; 14:101</ref><br />
# An issue can also arise when the fetus in question would be born a Mamzer, a child from an illegitimate sexual relationship. Because of the adulterous affair the woman is deserving of the death penalty. Since the fetus is a part of the mother, and not it’s own entity, it too is technically liable for the death penalty and one can therefore, according to Rav Yaakov Emden, abort it. <ref> Sheelas Yaavetz Teshuvah 43, Rav Emden</ref> <br />
# A question arises if the mother will experience severe mental distress if the baby is born. Rabbi Waldenberg holds that abortion is not murder at all, and that mental distress can be equated with physical pain. Therefore, abortion would be allowed if one’s rabbi determines that the mental stress is the same as the physical would be. <ref> Ẓiẓ Eliezer, 13:102; 14:101</ref> Rabbi Unterman takes a similar approach to the issue. Rabbi Unterman does believe that abortion is considered akin to murder, and therefore cannot be allowed in cases of mental anguish. However, if the psychological distress that the mother would feel would cause suicidal tendencies, Rabbi Unterman would permit abortion. <ref> “The Law of Pikkuah Nefesh and Its definition” in HaTorah V’HaM’dinah, IV (1952) 22 - 29 as cited in David Feldman, Birth Control In Jewish Law. Rabbi Unterman is basing his ruling on a ruling by a case where a where a rabbi was asked if a man could have non kosher soup to prevent him from going insane. Rabbi Israel Meir Mizrachi ruled that serious danger to one’s mental health is the same as a risk to one’s physical health. Resp. Pri HaAretz, Vol III (Jerusalem, 1899), Y.D., No. 2. This ruling was also applied to a specific situation that dealt with birth control, a situation more similar to abortion than non kosher soup. Resp. Binyan David, No. 68; Minhat Yitzchak, Vol. I, No. 115; and Igg’rot Mosheh, E.H., No. 65, would allow the contraceptive mokh when pregnancy would create a serious mental-health risk as cited in David Feldman, Birth Control In Jewish Law</ref><br />
== Stem Cell Research ==<br />
Stem cell research is a very sensitive and contemporary topic therefore many Poskim have yet to offer clear rulings. These are some of the important factors that one must take into consideration regarding stem-cell research. <br />
# Is in vitro fertilization permitted to begin with? Most authorities permit In-vitro Fertilization.<ref>Yitzchak Bretowitz, “The Pre-Embryo in halacha”</ref> This is because it is not considered spilling the seed due to the fact that the long term goal of In- Vitro fertilization is to create life. <br />
# May a very early embryo be sacrificed for stem cells that could save lives or at least cure disease? Most authorities would permit it for three reasons. 1. Even an implanted embryo before forty days of gestation is considered by some authorities not to be a life at all. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref> 2. An unimplanted embryo may as well be considered not a life at all because it is outside of the womb.<ref>Yitzchak Bretowitz, “The Pre-Embryo in halacha”</ref> 3. Given that destroying a unimplanted pre forty day embryo is almost certainly not considered murder, the lifesaving potential of stem cell research can be considered the more important value. <br />
# May we fertilize ova specifically to create an embryo to be sacrificed for stem cells? Many authorities are uncomfortable with this procedure ethical even if it is unclear whether there is a specific halachic prohibition. <ref> Othodox Union (2001) Letter to President Bush Regarding Stem Cell Research </ref> <br />
==Sources== <br />
<references/></div>Jackbauer24https://halachipedia.com/index.php?title=Abortion&diff=8354Abortion2013-03-21T14:44:21Z<p>Jackbauer24: </p>
<hr />
<div>In the torah it seems clear that there is some kind of prohibition on abortion,<ref> Tosafot Sanhedrin 59a “Leka Midam” Since there is no prohibition a non jew has that a jew does not, we can derive it is forbidden for Jews as well.</ref> but it is unclear as to what the prohibition it is.<ref> There seems to be a contradiction in two sources from the torah. In Bereshit Chapter 9, it says that abortion is prohibited for non jews, and one will receive the death penalty for killing a “man within a man.” Sanhedrin 57b. In Shemot Chapter 21, however, it says, if a Jew kills a fetus he is just liable a monetary punishment. Therefore, although there certainly is a prohibition, opinions vary widely as to what the prohibition is, see section “What is the Prohibition?” below. </ref> Due to the dispute about why abortion is prohibited, there is also a debate about in which cases abortion is prohibited and in which it is permitted. Despite the fact that abortion is prohibited, in Halacha, as opposed to in Catholic and other Christian doctrines, all Poskim agree that abortion is permitted at least in one case. Please note, that while this article describes different opinions on when abortion is forbidden and when it is permitted, a layman should not make any decisions on his own in this serious matter, rather he should consult a Rav of eminent stature who is knowledge in this matter.<Ref>[http://www.yutorah.org/lectures/lecture.cfm/735906/Rabbi_Chaim_Jachter/Embryonic_Stem_Cell_Research# Rabbi Chaim Jachter] quotes from Rabbi Aharon Lichtenstein that just like an ordinary physician wouldn't perform a complicated surgery such as a liver transplant, so too an ordinary Rabbi should not render an opinion on abortion, rather a Rabbi of eminent stature should render a decision.</ref><br />
== What is the Prohibition? ==<br />
# According to Rabbi Moshe Feinstein, abortion is considered murder. However, this murder does not come with a death penalty. There are some cases of murder when the murderer does not get the death penalty. One of these cases is someone who murders one who is terminally ill. <ref> Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69</ref><br />
# According to Rabbi Issar Unterman, abortion is considered אבזרייהו דרציחה akin to murder.<ref> I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law</ref><br />
# One possible prohibition could be that it is against the commandment of פרו ורבו. Part of the commandment is to allow every potential soul to come into being, and if one does abortion, they cannot do this. <ref> Yevamos 63b</ref><br />
# Spilling the seed/Onanism. The fetus is more similar to the basic seed than to a human, so destroying the fetus would be like destroying the seed.<ref>Talmud Bavli: Niddah 13a; Chavos Yair, Siman 31</ref><br />
# Aborting the fetus is injuring the mother (Chavalah). Exodus 21 says that if two men are fighting and hit a pregnant woman and there is no death, but the fetus is miscarried, then they have to pay a monetary payment. So the fetus is more a part of the mother than a separate life. <ref>Exodus 21:22</ref><br />
# It’s a Rabbinical prohibition. There’s no clear prohibition in the Torah, so our only real sources are the rabbinical sources. <ref>Sanhedrin עב; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref><br />
# According to the Zohar, one who kills a fetus is guilty of destroying God’s handiwork. <ref>Hok L’Yisrael, Shemot for Monday, Zohar, Shemot 3b</ref> it is unclear if this constitutes a different view of the technical prohibition, or if this is just a reasoning explaining the severity of abortion. A punishment unlike that for murder is detailed.<br />
== Practical Abortion Cases ==<br />
# If the mother’s life is being directly threatened by the fetus, in the sense that if she does not abort, she will die, then it is permissible to abort the child. This is because we prioritize the life that is already living, rather than the one that has not been born yet. <ref>Mishna Ohelet Perek 7 Mishana 7</ref> <br />
# When there is a special case where you are required to kill a fetus or be killed, there is a debate as to what we are allowed to do. In judaism there are three cases that we must die before doing including you must take your life before killing another human. In a case where you are being forced to kill a semi-human, is it allowed? There was a case during World War I in which a doctor was told to abort a baby carried by a mother that had been raped by a German officer. The German told the doctor to abort or be killed. In this kind of case there are two opinions. Rabbi Unterman states that since the prohibition is not murder, but akin to murder, you are allowed to kill the fetus. <ref>I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law. </ref> Rabbi Moshe Feinstein disagrees and says that abortion is murder, but it is still unclear if you have to die rather than abort. <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref><br />
# According to many poskim, you are allowed to abort before 40 days of gestation, because no organs or limbs have formed yet and the fetus is not considered alive. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref><br />
#When a fetus is tested and it is determined that it has a disability or deformity, many poskim <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref> state that there is no allowance for abortion. Rabbi Waldenberg disagrees and rules that when the resulting child’s deformity will cause stress that the parents will not be able to handle, it is permitted to abort. Rabbi waldenberg says “ there is no greater pain than to have a child that will die and there is nothing you can do to fix it.” For most types of deformities, Rabbi Waldenberg permits abortion only until 3 months. If the child has Tay Sachs he allows abortions even up until 7 months.<ref> Ẓiẓ Eliezer, 13:102; 14:101</ref><br />
# An issue can also arise when the fetus in question would be born a Mamzer, a child from an illegitimate sexual relationship. Because of the adulterous affair the woman is deserving of the death penalty. Since the fetus is a part of the mother, and not it’s own entity, it too is technically liable for the death penalty and one can therefore, according to Rav Yaakov Emden, abort it. <ref> Sheelas Yaavetz Teshuvah 43, Rav Emden</ref> <br />
# A question arises if the mother will experience severe mental distress if the baby is born. Rabbi Waldenberg holds that abortion is not murder at all, and that mental distress can be equated with physical pain. Therefore, abortion would be allowed if one’s rabbi determines that the mental stress is the same as the physical would be. <ref> Ẓiẓ Eliezer, 13:102; 14:101</ref> Rabbi Unterman takes a similar approach to the issue. Rabbi Unterman does believe that abortion is considered akin to murder, and therefore cannot be allowed in cases of mental anguish. However, if the psychological distress that the mother would feel would cause suicidal tendencies, Rabbi Unterman would permit abortion. <ref> “The Law of Pikkuah Nefesh and Its definition” in HaTorah V’HaM’dinah, IV (1952) 22 - 29 as cited in David Feldman, Birth Control In Jewish Law. Rabbi Unterman is basing his ruling on a ruling by a case where a where a rabbi was asked if a man could have non kosher soup to prevent him from going insane. Rabbi Israel Meir Mizrachi ruled that serious danger to one’s mental health is the same as a risk to one’s physical health. Resp. Pri HaAretz, Vol III (Jerusalem, 1899), Y.D., No. 2. This ruling was also applied to a specific situation that dealt with birth control, a situation more similar to abortion than non kosher soup. Resp. Binyan David, No. 68; Minhat Yitzchak, Vol. I, No. 115; and Igg’rot Mosheh, E.H., No. 65, would allow the contraceptive mokh when pregnancy would create a serious mental-health risk as cited in David Feldman, Birth Control In Jewish Law</ref><br />
== Stem Cell Research ==<br />
Stem cell research is a very sensitive and contemporary topic therefore many Poskim have yet to offer clear rulings. These are some of the important factors that one must take into consideration regarding stem-cell research. <br />
# Is in vitro fertilization permitted to begin with? <br />
Most authorities permit In-vitro Fertilization.<ref>Yitzchak Bretowitz, “The Pre-Embryo in halacha”</ref> This is because it is not considered spilling the seed due to the fact that the long term goal of In- Vitro fertilization is to create life. <br />
# May a very early embryo be sacrificed for stem cells that could save lives or at least cure disease?<br />
Most authorities would permit it for three reasons. 1. Even an implanted embryo before forty days of gestation is considered by some authorities not to be a life at all. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref> 2. An unimplanted embryo may as well be considered not a life at all because it is outside of the womb.<ref>Yitzchak Bretowitz, “The Pre-Embryo in halacha”</ref> 3. Given that destroying a unimplanted pre forty day embryo is almost certainly not considered murder, the lifesaving potential of stem cell research can be considered the more important value. <br />
# May we fertilize ova specifically to create an embryo to be sacrificed for stem cells? <br />
Many authorities are uncomfortable with this procedure ethical even if it is unclear whether there is a specific halachic prohibition. <ref> Othodox Union (2001) Letter to President Bush Regarding Stem Cell Research </ref> <br />
==Sources== <br />
<references/></div>Jackbauer24https://halachipedia.com/index.php?title=Abortion&diff=8353Abortion2013-03-21T14:43:09Z<p>Jackbauer24: </p>
<hr />
<div>In the torah it seems clear that there is some kind of prohibition on abortion,<ref> Tosafot Sanhedrin 59a “Leka Midam” Since there is no prohibition a non jew has that a jew does not, we can derive it is forbidden for Jews as well.</ref> but it is unclear as to what the prohibition it is.<ref> There seems to be a contradiction in two sources from the torah. In Bereshit Chapter 9, it says that abortion is prohibited for non jews, and one will receive the death penalty for killing a “man within a man.” Sanhedrin 57b. In Shemot Chapter 21, however, it says, if a Jew kills a fetus he is just liable a monetary punishment. Therefore, although there certainly is a prohibition, opinions vary widely as to what the prohibition is, see section “What is the Prohibition?” below. </ref> Due to the dispute about why abortion is prohibited, there is also a debate about in which cases abortion is prohibited and in which it is permitted. Despite the fact that abortion is prohibited, in Halacha, as opposed to in Catholic and other Christian doctrines, all Poskim agree that abortion is permitted at least in one case. Please note, that while this article describes different opinions on when abortion is forbidden and when it is permitted, a layman should not make any decisions on his own in this serious matter, rather he should consult a Rav of eminent stature who is knowledge in this matter.<Ref>[http://www.yutorah.org/lectures/lecture.cfm/735906/Rabbi_Chaim_Jachter/Embryonic_Stem_Cell_Research# Rabbi Chaim Jachter] quotes from Rabbi Aharon Lichtenstein that just like an ordinary physician wouldn't perform a complicated surgery such as a liver transplant, so too an ordinary Rabbi should not render an opinion on abortion, rather a Rabbi of eminent stature should render a decision.</ref><br />
== What is the Prohibition? ==<br />
# According to Rabbi Moshe Feinstein, abortion is considered murder. However, this murder does not come with a death penalty. There are some cases of murder when the murderer does not get the death penalty. One of these cases is someone who murders one who is terminally ill. <ref> Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69</ref><br />
# According to Rabbi Issar Unterman, abortion is considered אבזרייהו דרציחה akin to murder.<ref> I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law</ref><br />
# One possible prohibition could be that it is against the commandment of פרו ורבו. Part of the commandment is to allow every potential soul to come into being, and if one does abortion, they cannot do this. <ref> Yevamos 63b</ref><br />
# Spilling the seed/Onanism. The fetus is more similar to the basic seed than to a human, so destroying the fetus would be like destroying the seed.<ref>Talmud Bavli: Niddah 13a; Chavos Yair, Siman 31</ref><br />
# Aborting the fetus is injuring the mother (Chavalah). Exodus 21 says that if two men are fighting and hit a pregnant woman and there is no death, but the fetus is miscarried, then they have to pay a monetary payment. So the fetus is more a part of the mother than a separate life. <ref>Exodus 21:22</ref><br />
# It’s a Rabbinical prohibition. There’s no clear prohibition in the Torah, so our only real sources are the rabbinical sources. <ref>Sanhedrin עב; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref><br />
# According to the Zohar, one who kills a fetus is guilty of destroying God’s handiwork. <ref>Hok L’Yisrael, Shemot for Monday, Zohar, Shemot 3b</ref> it is unclear if this constitutes a different view of the technical prohibition, or if this is just a reasoning explaining the severity of abortion. A punishment unlike that for murder is detailed.<br />
== Practical Abortion Cases ==<br />
# If the mother’s life is being directly threatened by the fetus, in the sense that if she does not abort, she will die, then it is permissible to abort the child. This is because we prioritize the life that is already living, rather than the one that has not been born yet. <ref>Mishna Ohelet Perek 7 Mishana 7</ref> <br />
# When there is a special case where you are required to kill a fetus or be killed, there is a debate as to what we are allowed to do. In judaism there are three cases that we must die before doing including you must take your life before killing another human. In a case where you are being forced to kill a semi-human, is it allowed? There was a case during World War I in which a doctor was told to abort a baby carried by a mother that had been raped by a German officer. The German told the doctor to abort or be killed. In this kind of case there are two opinions. Rabbi Unterman states that since the prohibition is not murder, but akin to murder, you are allowed to kill the fetus. <ref>I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law. </ref> Rabbi Moshe Feinstein disagrees and says that abortion is murder, but it is still unclear if you have to die rather than abort. <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref><br />
# According to many poskim, you are allowed to abort before 40 days of gestation, because no organs or limbs have formed yet and the fetus is not considered alive. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref><br />
#When a fetus is tested and it is determined that it has a disability or deformity, many poskim <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref> state that there is no allowance for abortion. Rabbi Waldenberg disagrees and rules that when the resulting child’s deformity will cause stress that the parents will not be able to handle, it is permitted to abort. Rabbi waldenberg says “ there is no greater pain than to have a child that will die and there is nothing you can do to fix it.” For most types of deformities, Rabbi Waldenberg permits abortion only until 3 months. If the child has Tay Sachs he allows abortions even up until 7 months.<ref> Ẓiẓ Eliezer, 13:102; 14:101</ref><br />
# An issue can also arise when the fetus in question would be born a Mamzer, a child from an illegitimate sexual relationship. Because of the adulterous affair the woman is deserving of the death penalty. Since the fetus is a part of the mother, and not it’s own entity, it too is technically liable for the death penalty and one can therefore, according to Rav Yaakov Emden, abort it. <ref> Sheelas Yaavetz Teshuvah 43, Rav Emden</ref> <br />
# A question arises if the mother will experience severe mental distress if the baby is born. Rabbi Waldenberg holds that abortion is not murder at all, and that mental distress can be equated with physical pain. Therefore, abortion would be allowed if one’s rabbi determines that the mental stress is the same as the physical would be. <ref> Ẓiẓ Eliezer, 13:102; 14:101</ref> Rabbi Unterman takes a similar approach to the issue. Rabbi Unterman does believe that abortion is considered akin to murder, and therefore cannot be allowed in cases of mental anguish. However, if the psychological distress that the mother would feel would cause suicidal tendencies, Rabbi Unterman would permit abortion. <ref> “The Law of Pikkuah Nefesh and Its definition” in HaTorah V’HaM’dinah, IV (1952) 22 - 29 as cited in David Feldman, Birth Control In Jewish Law. Rabbi Unterman is basing his ruling on a ruling by a case where a where a rabbi was asked if a man could have non kosher soup to prevent him from going insane. Rabbi Israel Meir Mizrachi ruled that serious danger to one’s mental health is the same as a risk to one’s physical health. Resp. Pri HaAretz, Vol III (Jerusalem, 1899), Y.D., No. 2. This ruling was also applied to a specific situation that dealt with birth control, a situation more similar to abortion than non kosher soup. Resp. Binyan David, No. 68; Minhat Yitzchak, Vol. I, No. 115; and Igg’rot Mosheh, E.H., No. 65, would allow the contraceptive mokh when pregnancy would create a serious mental-health risk as cited in David Feldman, Birth Control In Jewish Law</ref><br />
== Stem Cell Research ==<br />
Stem cell research is a very sensitive and contemporary topic therefore many Poskim have yet to offer clear rulings. These are some of the important factors that one must take into consideration regarding stem-cell research. <br />
#Is in vitro fertilization permitted to begin with? <br />
Most authorities permit In-vitro Fertilization.<ref>Yitzchak Bretowitz, “The Pre-Embryo in halacha”</ref> This is because it is not considered spilling the seed due to the fact that the long term goal of In- Vitro fertilization is to create life. <br />
#May a very early embryo be sacrificed for stem cells that could save lives or at least cure disease?<br />
Most authorities would permit it for three reasons. 1. Even an implanted embryo before forty days of gestation is considered by some authorities not to be a life at all. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref> 2. An unimplanted embryo may as well be considered not a life at all because it is outside of the womb.<ref>Yitzchak Bretowitz, “The Pre-Embryo in halacha”</ref> 3. Given that destroying a unimplanted pre forty day embryo is almost certainly not considered murder, the lifesaving potential of stem cell research can be considered the more important value. <br />
# May we fertilize ova specifically to create an embryo to be sacrificed for stem cells? <br />
Many authorities are uncomfortable with this procedure ethical even if it is unclear whether there is a specific halachic prohibition. <ref> Othodox Union (2001) Letter to President Bush Regarding Stem Cell Research </ref> <br />
==Sources== <br />
<references/></div>Jackbauer24https://halachipedia.com/index.php?title=Abortion&diff=8352Abortion2013-03-21T14:41:43Z<p>Jackbauer24: </p>
<hr />
<div>In the torah it seems clear that there is some kind of prohibition on abortion,<ref> Tosafot Sanhedrin 59a “Leka Midam” Since there is no prohibition a non jew has that a jew does not, we can derive it is forbidden for Jews as well.</ref> but it is unclear as to what the prohibition it is.<ref> There seems to be a contradiction in two sources from the torah. In Bereshit Chapter 9, it says that abortion is prohibited for non jews, and one will receive the death penalty for killing a “man within a man.” Sanhedrin 57b. In Shemot Chapter 21, however, it says, if a Jew kills a fetus he is just liable a monetary punishment. Therefore, although there certainly is a prohibition, opinions vary widely as to what the prohibition is, see section “What is the Prohibition?” below. </ref> Due to the dispute about why abortion is prohibited, there is also a debate about in which cases abortion is prohibited and in which it is permitted. Despite the fact that abortion is prohibited, in Halacha, as opposed to in Catholic and other Christian doctrines, all Poskim agree that abortion is permitted at least in one case. Please note, that while this article describes different opinions on when abortion is forbidden and when it is permitted, a layman should not make any decisions on his own in this serious matter, rather he should consult a Rav of eminent stature who is knowledge in this matter.<Ref>[http://www.yutorah.org/lectures/lecture.cfm/735906/Rabbi_Chaim_Jachter/Embryonic_Stem_Cell_Research# Rabbi Chaim Jachter] quotes from Rabbi Aharon Lichtenstein that just like an ordinary physician wouldn't perform a complicated surgery such as a liver transplant, so too an ordinary Rabbi should not render an opinion on abortion, rather a Rabbi of eminent stature should render a decision.</ref><br />
== What is the Prohibition? ==<br />
# According to Rabbi Moshe Feinstein, abortion is considered murder. However, this murder does not come with a death penalty. There are some cases of murder when the murderer does not get the death penalty. One of these cases is someone who murders one who is terminally ill. <ref> Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69</ref><br />
# According to Rabbi Issar Unterman, abortion is considered אבזרייהו דרציחה akin to murder.<ref> I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law</ref><br />
# One possible prohibition could be that it is against the commandment of פרו ורבו. Part of the commandment is to allow every potential soul to come into being, and if one does abortion, they cannot do this. <ref> Yevamos 63b</ref><br />
# Spilling the seed/Onanism. The fetus is more similar to the basic seed than to a human, so destroying the fetus would be like destroying the seed.<ref>Talmud Bavli: Niddah 13a; Chavos Yair, Siman 31</ref><br />
# Aborting the fetus is injuring the mother (Chavalah). Exodus 21 says that if two men are fighting and hit a pregnant woman and there is no death, but the fetus is miscarried, then they have to pay a monetary payment. So the fetus is more a part of the mother than a separate life. <ref>Exodus 21:22</ref><br />
# It’s a Rabbinical prohibition. There’s no clear prohibition in the Torah, so our only real sources are the rabbinical sources. <ref>Sanhedrin עב; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref><br />
# According to the Zohar, one who kills a fetus is guilty of destroying God’s handiwork. <ref>Hok L’Yisrael, Shemot for Monday, Zohar, Shemot 3b</ref> it is unclear if this constitutes a different view of the technical prohibition, or if this is just a reasoning explaining the severity of abortion. A punishment unlike that for murder is detailed.<br />
== Practical Abortion Cases ==<br />
# If the mother’s life is being directly threatened by the fetus, in the sense that if she does not abort, she will die, then it is permissible to abort the child. This is because we prioritize the life that is already living, rather than the one that has not been born yet. <ref>Mishna Ohelet Perek 7 Mishana 7</ref> <br />
# When there is a special case where you are required to kill a fetus or be killed, there is a debate as to what we are allowed to do. In judaism there are three cases that we must die before doing including you must take your life before killing another human. In a case where you are being forced to kill a semi-human, is it allowed? There was a case during World War I in which a doctor was told to abort a baby carried by a mother that had been raped by a German officer. The German told the doctor to abort or be killed. In this kind of case there are two opinions. Rabbi Unterman states that since the prohibition is not murder, but akin to murder, you are allowed to kill the fetus. <ref>I.Y. Unterman, Noam VI (1963), 1-11 as cited in David Feldman, Birth Control In Jewish Law. </ref> Rabbi Moshe Feinstein disagrees and says that abortion is murder, but it is still unclear if you have to die rather than abort. <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref><br />
# According to many poskim, you are allowed to abort before 40 days of gestation, because no organs or limbs have formed yet and the fetus is not considered alive. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref><br />
#When a fetus is tested and it is determined that it has a disability or deformity, many poskim <ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. </ref> state that there is no allowance for abortion. Rabbi Waldenberg disagrees and rules that when the resulting child’s deformity will cause stress that the parents will not be able to handle, it is permitted to abort. Rabbi waldenberg says “ there is no greater pain than to have a child that will die and there is nothing you can do to fix it.” For most types of deformities, Rabbi Waldenberg permits abortion only until 3 months. If the child has Tay Sachs he allows abortions even up until 7 months.<ref> Ẓiẓ Eliezer, 13:102; 14:101</ref><br />
# An issue can also arise when the fetus in question would be born a Mamzer, a child from an illegitimate sexual relationship. Because of the adulterous affair the woman is deserving of the death penalty. Since the fetus is a part of the mother, and not it’s own entity, it too is technically liable for the death penalty and one can therefore, according to Rav Yaakov Emden, abort it. <ref> Sheelas Yaavetz Teshuvah 43, Rav Emden</ref> <br />
# A question arises if the mother will experience severe mental distress if the baby is born. Rabbi Waldenberg holds that abortion is not murder at all, and that mental distress can be equated with physical pain. Therefore, abortion would be allowed if one’s rabbi determines that the mental stress is the same as the physical would be. <ref> Ẓiẓ Eliezer, 13:102; 14:101</ref> Rabbi Unterman takes a similar approach to the issue. Rabbi Unterman does believe that abortion is considered akin to murder, and therefore cannot be allowed in cases of mental anguish. However, if the psychological distress that the mother would feel would cause suicidal tendencies, Rabbi Unterman would permit abortion. <ref> “The Law of Pikkuah Nefesh and Its definition” in HaTorah V’HaM’dinah, IV (1952) 22 - 29 as cited in David Feldman, Birth Control In Jewish Law. Rabbi Unterman is basing his ruling on a ruling by a case where a where a rabbi was asked if a man could have non kosher soup to prevent him from going insane. Rabbi Israel Meir Mizrachi ruled that serious danger to one’s mental health is the same as a risk to one’s physical health. Resp. Pri HaAretz, Vol III (Jerusalem, 1899), Y.D., No. 2. This ruling was also applied to a specific situation that dealt with birth control, a situation more similar to abortion than non kosher soup. Resp. Binyan David, No. 68; Minhat Yitzchak, Vol. I, No. 115; and Igg’rot Mosheh, E.H., No. 65, would allow the contraceptive mokh when pregnancy would create a serious mental-health risk as cited in David Feldman, Birth Control In Jewish Law</ref><br />
== Stem Cell Research ==<br />
Stem cell research is a very sensitive and contemporary topic therefore many Poskim have yet to offer clear rulings. These are some of the important factors that one must take into consideration regarding stem-cell research. <br />
#Is in vitro fertilization permitted to begin with? <br />
Most authorities permit In-vitro Fertilization.<ref>Yitzchak Bretowitz, “The Pre-Embryo in halacha”</ref> This is because it is not considered spilling the seed due to the fact that the long term goal of In- Vitro fertilization is to create life. <br />
#May a very early embryo be sacrificed for stem cells that could save lives or at least cure disease?<br />
Most authorities would permit it for three reasons. 1. Even an implanted embryo before forty days of gestation is considered by some authorities not to be a life at all. <ref>Based on Yevamot 69b which refers to a pre 40 day fetus as “merely water” </ref><br />
2. An unimplanted embryo may as well be considered not a life at all because it is outside of the womb.<ref>Yitzchak Bretowitz, “The Pre-Embryo in halacha”</ref> 3. Given that destroying a unimplanted pre forty day embryo is almost certainly not considered murder, the lifesaving potential of stem cell research can be considered the more important value. <br />
# May we fertilize ova specifically to create an embryo to be sacrificed for stem cells? <br />
Many authorities are uncomfortable with this procedure ethical even if it is unclear whether there is a specific halachic prohibition. <ref> Othodox Union (2001) Letter to President Bush Regarding Stem Cell Research </ref> <br />
==Sources== <br />
<references/></div>Jackbauer24https://halachipedia.com/index.php?title=Seudat_Purim&diff=7763Seudat Purim2013-02-19T15:52:05Z<p>Jackbauer24: Added the opinion of gemara and rishonim to mitzvah to get drunk</p>
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<div>[[Image:Seudat_Purim.png|right|200px]]<br />
One should increase in festivities on Purim, and there is mitzvah to eat one meal on the day of Purim. <Ref>Rama and S”A 695:1 </ref><br />
==Practices of Seudat Purim==<br />
# One should have intent that one is eating the meal in order to fulfill the mitzvah of Seudat Purim.<ref> S"A 60:4 rules like the Rishonim who say that Mitzvot need kavana. Mishna Brurah 60:9 quotes the Gra who says that mitzvot derabbanan also need kavana, while the Magen Avraham disagrees. It’s clear from S”A 696:7 that eating Seudat Purim is MeDivrei Kabbalah (which in some respects is similar to a Deoritta). Therefore, Pri Megadim (M”Z 695:1) writes that one should have intent that one is eating the meal to fulfill the mitzvah of Seudat Purim. Mishna Brurah 695:4 quotes this as halacha. </ref><br />
# The meal should be eaten with friends and family. <Ref> Eliyah Rabba 695:4 writes that the meal should be eaten with family and friends in order to have Simcha. Mishna Brurah 695:9 quotes this and adds that it should be a Simcha of Torah. See Gemara Shabbat 88a which says that Purim was a Kabbalah MeAhava of the Torah. </ref><br />
==When should one eat Seudat Purim?==<br />
# Many Ashkenazim have the minhag to eat the meal after mincha, while many Sephardim have the minhag to eat the meal in the morning.<ref> <br />
* Rama 695:2 writes that the minhag is to eat the meal after mincha, but one should ensure that majority of the meal is eaten during the day. Rabbi Willig (“Practical Laws of Observance of Purim”, min 41-2) explained that the Rama means that the primary parts of the meal such as the bread, meat, and wine should be consumed during the day. Shalmei Todah (pg 317) also explains the Rama this way. <br />
* However, the Maaseh Rav of the Gra (#248) recommends eating it in the morning. Kaf HaChaim 695:23 quotes kabbalistic reasons for eating Seudat Purim in the morning. </ref>Some have a minhag to eat a small meal the night of Purim. <Ref> S”A 695:2 writes that one doesn’t fulfill one’s obligation by eating a nighttime meal. The Rama adds that at night one should have a small meal. Pri Megadim E”A 695:6 presents different minhagim about having meat at the nighttime meal. </ref><br />
# The mitzvah of Seudat Purim is during the day and not the night, yet one should have simcha and a small meal at night (and make the meal of the day greater). <Ref>S”A and Rama 695:1, Mishna Brurah 695:3 </ref> If Purim falls out on Motzei [[Shabbat]] and Sunday, having Seudat Shelishit isn’t considered as having a small meal during the night of Purim. Rather, one should have a special meal for the sake of Purim. <Ref>Mishna Brurah 695:3 </ref><br />
# If one began the meal on Purim and ate past nightfall, one should still mention Al HaNissim in [[Birkat HaMazon]] <Ref>S”A and Rama 695:3 </ref> unless one already said Maariv, in which case one shouldn’t say Al HaNissim. Some say that one can say it even after davening Maariv. <ref>Mishna Brurah 695:16 </ref><br />
==What should one eat at Seudat Purim?==<br />
# Many poskim hold that one should eat bread and meat in the meal.<ref> <br />
* Rambam Megillah 2:15 writes that the meal should consist of meat and wine. The Magen Avraham 696:15 questions the need for meat. Nonetheless, many poskim including Kaf HaChaim 695:6, Chazon Ovadyah pg 173, and Nitai Gavriel 71:3 agree that one should have meat. Shaar HaTzion 695:12 implies it’s an obligation. Kovetz MeBet Levi (5758, vol 13, pg 32) writes that having meat is not MeAkev.<br />
* The Birkei Yosef 695:1-3 and Magen Avraham 695:9 write that there’s no obligation to eat bread. However, Aruch HaShulchan 695:7, 12 argues that mishteh is defined by bread. Chayei Adam 155:30 says the same. Nitai Gavriel 71:1 and Yalkut Yosef 695:4 write that one should be strict to have bread. Mishna Brurah makes no mention of it except in Shaar HaTzion 695:4 where he leaves it as a dispute. </ref><br />
==If one forgot Al HaNissim==<br />
# If one forgot Al HaNissim in Benching, one doesn’t repeat benching. However, if one remembers that he forgot Al HaNissim while still benching one should add it in the Harachaman’s by saying Harachaman Hu Yaaseh Lanu Nissim and continue with Al HaNissim. <Ref>Mishna Brurah 695:15 </ref><br />
==Drinking on Purim==<br />
# The mitzvah to drink only applies to wine. Although the Gemara and most Rishonim seem to require drunkenness <Ref> Megillah 7a Rif, Rosh, and Rambam Laws of Megillah 2:15 </ref>, most later authorities, Ashkenazic and Sephardic, hold that one should only drink a little more than what one is accustomed to drink and then sleep (see note for procedure). <Ref> Bet Yosef 695:1 quotes the Orchot Chaim who writes that it’s forbidden to get drunk; rather the mitzvah is to drink a little more than one is accustomed to drink. Darkei Moshe HaAruch 695:2 quotes the Mahariv as saying that one should drink, and then sleep so that one doesn’t know the difference between Arur Haman and Baruch Mordechai. Rama 695:2 combines the Orchot Chaim and Mahariv saying that one should drink more than one is accustomed to drink and then sleep. <br />
* Mishna Brurah 695:5 explicitly rules that this is the accepted halacha. This was also the minhag of Rav Shlomo Zalman (Halichot Shlomo pg 343 note 78). Rav Schachter (“Inyanei Purim”, min 91-3) explained that one should drink a little more than one is accustomed to, and then fall asleep after the meal. Rabbi Willig (min 42-6), however, explained that according to the Rama one should drink a little, sleep, and then have the Seudah, and drink a little in the meal. Yalkut Yosef 695:14 rules like the Orchot Chaim and makes no mention of sleeping. Rav Mordechai Eliyahu in MaAmer Mordechai 64:36 who seems to agree.<br />
* Rashi Megillah 7b D”H LeIvsumei and Rambam 2:15 specify wine and not other intoxicating drinks. Kaf HaChaim 695:6 and Nitai Gavriel 73:2 codify this as halacha. Rabbi Willig (min 44-5) rules that it’s prohibited to have intoxicating drinks other than wine on Purim or any day of the year. However, Shalmei Todah (pg 326) quotes Rav Nissim Karlitz saying that it’s not MeAkev to have wine specifically. Rav Shlomo Zalman (Halichot Shlomo pg 342, note 76) writes that grape juice does not suffice. </ref> All agree that if one going to end up violating or degrading any halacha such as Birkat HaMazon, one should not get drunk. <Ref> The Chaye Adam 155:30 writes that if one knows that getting drunk will cause one to degrade fulfilling a mitzvah such as making Brachot, Birkat HaMazon, or Maariv, one shouldn’t get drunk. This is quoted by the Biur Halacha D”H Ad and Kaf HaChaim 695:17. This is supported by the Mieri (Megillah 7b) who writes that we’re not commanded to have happiness of vanity and frivolity, rather one should have happiness that leads to Ahavat Hashem and a desire to thank Him for the miracles he did for us. </ref><br />
# If one’s parent tells one not to drink on purim one should listen to them and only drink a little more than usual. <Ref> Halichot Shlomo 19:25 </ref><br />
# Women are not required to drink as much. One cup or less is sufficient. <ref> Sh"t Rivevot Ephraim 1:458, Moadim Uzmanim 2:190 </ref><br />
==References==<br />
<references/></div>Jackbauer24