https://halachipedia.com/api.php?action=feedcontributions&user=Ndavidovics&feedformat=atomHalachipedia - User contributions [en]2024-03-28T15:13:38ZUser contributionsMediaWiki 1.39.3https://halachipedia.com/index.php?title=Abortion&diff=9491Abortion2013-05-10T19:44:05Z<p>Ndavidovics: challenged point of many poskim permit before 40 days</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-Jewish person has that a Jewish person does not, we can derive that it is forbidden for Jews as well.</ref> but it is unclear what the prohibition 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-Jewish people, 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 knowledgeable in the 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 />
# '''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 />
# '''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 />
# It is a violation of the positive 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 is a Rabbinical prohibition. There is 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 fetus is directly threatening the mother’s life and aborting the fetus will save the mother's life, then it is permissible to abort the fetus according to all, since we prioritize the living over one that has not yet been born <ref>Mishna Ohelet Perek 7 Mishana 7</ref> and because the fetus is considered similar to a rodef (one who is chasing another to kill them). <ref>Rambam Hilchot Rotzeach Chapter 1:9</ref><br />
# In Jewish Law, one must refuse to take an innocent life, even if one is threatened with death. Should this requirement extend to ending the life of an unborn fetus? 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 some poskim, you are allowed to abort before 40 days of gestation in situations where there is a medical need to, 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” c.f. http://www.jlaw.com/Articles/preemb.html</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>Ndavidovicshttps://halachipedia.com/index.php?title=Abortion&diff=9429Abortion2013-05-03T15:50:19Z<p>Ndavidovics: </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-Jewish person has that a Jewish person does not, we can derive that it is forbidden for Jews as well.</ref> but it is unclear what the prohibition 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-Jewish people, 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 knowledgeable in the 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 />
# '''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 />
# '''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 />
# It is a violation of the positive 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 is a Rabbinical prohibition. There is 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 fetus is directly threatening the mother’s life and aborting the fetus will save the mother's life, then it is permissible to abort the fetus according to all, since we prioritize the living over one that has not yet been born <ref>Mishna Ohelet Perek 7 Mishana 7</ref> and because the fetus is considered similar to a rodef (one who is chasing another to kill them). <ref>Rambam Hilchot Rotzeach Chapter 1:9</ref><br />
# In Jewish Law, one must refuse to take an innocent life, even if one is threatened with death. Should this requirement extend to ending the life of an unborn fetus? 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>Ndavidovicshttps://halachipedia.com/index.php?title=Women&diff=9426Women2013-05-03T15:46:52Z<p>Ndavidovics: Added Abortion to the list</p>
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<div>This page is dedicated to Halachot that are unique to or tend to be associated with women.<br />
* [[Positive Time Bound Commandments]] ([[Mitzvot Aseh SheHazman Grama]])<br />
* [[Challah]]<br />
* [[Shabbat Candles]]<br />
* [[Listening to a woman's voice]] ([[Kol Isha]]) <br />
* [[Seclusion of men and women]] ([[Yichud]])<br />
* [[Harchakot of Niddah]]<br />
* [[Abortion]]<br />
*[[Modesty]] ([[Tzniut]])</div>Ndavidovicshttps://halachipedia.com/index.php?title=Abortion&diff=9423Abortion2013-05-03T15:40:21Z<p>Ndavidovics: Well played class. Well played.</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 knowledgeable in the 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 />
# '''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 />
# '''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 />
# It is a violation of the positive 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 is a Rabbinical prohibition. There is 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 fetus is directly threatening the mother’s life and aborting the fetus will save the mother's life, then it is permissible to abort the fetus according to all, since we prioritize the living over one that has not yet been born <ref>Mishna Ohelet Perek 7 Mishana 7</ref> and because the fetus is considered similar to a rodef (one who is chasing another to kill them). <ref>Rambam Hilchot Rotzeach Chapter 1:9</ref><br />
# In Jewish Law, one must refuse to take an innocent life, even if one is threatened with death. Should this requirement extend to ending the life of an unborn fetus? 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>Ndavidovicshttps://halachipedia.com/index.php?title=Abortion&diff=9288Abortion2013-04-30T20:12:28Z<p>Ndavidovics: </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 knowledgeable in the 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 />
# '''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 />
# '''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 />
# It is a violation of the positive 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 is a Rabbinical prohibition. There is 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 will be saved by performing an abortion, then it is permissible to abort the fetus. We prioritize the living over one that has not been born yet. <ref>Mishna Ohelet Perek 7 Mishana 7</ref> <br />
# In Jewish Law, one must refuse to take an innocent life, even if one is threatened with death. Should this requirement extend to ending the life of an unborn fetus? 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>Ndavidovicshttps://halachipedia.com/index.php?title=Abortion&diff=9287Abortion2013-04-30T20:03:34Z<p>Ndavidovics: </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 knowledgeable in the 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 />
# '''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 />
# '''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 />
# It is a violation of the positive 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 is a Rabbinical prohibition. There is 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>Ndavidovicshttps://halachipedia.com/index.php?title=Abortion&diff=9286Abortion2013-04-30T20:02:54Z<p>Ndavidovics: </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 knowledgeable in the 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 />
# '''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 />
# '''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 />
# It is a violation of the positive 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 is a Rabbinical prohibition. There is 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>Ndavidovicshttps://halachipedia.com/index.php?title=Abortion&diff=9285Abortion2013-04-30T20:01:39Z<p>Ndavidovics: small text changes</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 knowledgeable in the 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 />
# It is a violation of the positive 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 is a Rabbinical prohibition. There is 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>Ndavidovicshttps://halachipedia.com/index.php?title=Index_of_Laws_of_Shabbat_by_the_39_Melachot&diff=7194Index of Laws of Shabbat by the 39 Melachot2012-12-10T21:21:02Z<p>Ndavidovics: </p>
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<h2 style="margin:0;background-color:#BEE1FC;font-size:120%;font-weight:bold;border:1px solid #58B6FF;text-align:left;color:#000000;padding:0.2em 0.4em;">39 Melachot</h2><br />
''Order of making bread''<br />
*[[Choresh]] ([[Plowing]])<br />
*[[Zoreah]] ([[Planting]])<br />
*[[Kotzer]] ([[Harvesting]])<br />
*[[Me'amer]] ([[Gathering]])<br />
*[[Dosh]] ([[Threshing]])<br />
*[[Zoreh]] ([[Winnowing]])<br />
*[[Borer]] ([[Separating]])<br />
*[[Tochen]]([[Grinding]])<br />
*[[Merakaid]] ([[Sifting]])<br />
*[[Lash]] ([[Kneading]])<br />
*[[Ofeh and Bishul]] ([[Baking and Cooking]])<br />
<br />
''Order of making garments''<br />
*[[Gozez]] ([[Shearing]])<br />
*[[Melabain]] ([[Laundering]])<br />
*[[Menapaitz]] ([[Combing]])<br />
*[[Tzoveya]] ([[Dyeing]])<br />
*[[Toveh]] ([[Spinning]])<br />
*[[Masiach]] ([[Mounting warp threads]])<br />
*[[Oseh Shtei Batei Nirin]] ([[Making two loops]])<br />
*[[Oraig]] ([[Weaving]])<br />
*[[Potzeya]] ([[Unraveling fabric]])<br />
*[[Koshair]] ([[Tying]])<br />
*[[Matir]] ([[Untying]])<br />
*[[Tofer]] ([[Gluing, taping, or stapling]])<br />
*[[Koreah]] ([[Ripping]])<br />
<br />
''Order of making hides''<br />
*[[Tzad]] ([[Trapping]])<br />
*[[Shochet]] ([[Slaughtering]])<br />
*[[Mafshit]] ([[Skinning]])<br />
*[[Maabaid]] ([[Tanning]])<br />
*[[Memachaik]] ([[Smoothing]])<br />
*[[Mesartait]] ([[Scoring]])<br />
*[[Mechataich]] ([[Cutting precisely]])<br />
<br />
''Order of construction''<br />
*[[Kotaiv]] ([[Writing]])<br />
*[[Mochek]] ([[Erasing]])<br />
*[[Boneh]] ([[Building]])<br />
*[[Sosair]] ([[Demolishing]])<br />
*[[Makeh BePatish]] ([[Completing a vessel]])<br />
*[[Mechabeh]] ([[Extinguishing a flame]])<br />
*[[Mavir]] ([[Kindling a fire]])<br />
*[[Hotzah]] ([[Carrying]])</div>Ndavidovicshttps://halachipedia.com/index.php?title=Index_of_Laws_of_Shabbat_by_the_39_Melachot&diff=7193Index of Laws of Shabbat by the 39 Melachot2012-12-10T21:20:45Z<p>Ndavidovics: </p>
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#REDIRECT [[(Editing Index of Laws of Shabbat by the 39 Melachot)]] {{R from 39 Avot Melachot}}<br />
<h2 style="margin:0;background-color:#BEE1FC;font-size:120%;font-weight:bold;border:1px solid #58B6FF;text-align:left;color:#000000;padding:0.2em 0.4em;">39 Melachot</h2><br />
''Order of making bread''<br />
*[[Choresh]] ([[Plowing]])<br />
*[[Zoreah]] ([[Planting]])<br />
*[[Kotzer]] ([[Harvesting]])<br />
*[[Me'amer]] ([[Gathering]])<br />
*[[Dosh]] ([[Threshing]])<br />
*[[Zoreh]] ([[Winnowing]])<br />
*[[Borer]] ([[Separating]])<br />
*[[Tochen]]([[Grinding]])<br />
*[[Merakaid]] ([[Sifting]])<br />
*[[Lash]] ([[Kneading]])<br />
*[[Ofeh and Bishul]] ([[Baking and Cooking]])<br />
<br />
''Order of making garments''<br />
*[[Gozez]] ([[Shearing]])<br />
*[[Melabain]] ([[Laundering]])<br />
*[[Menapaitz]] ([[Combing]])<br />
*[[Tzoveya]] ([[Dyeing]])<br />
*[[Toveh]] ([[Spinning]])<br />
*[[Masiach]] ([[Mounting warp threads]])<br />
*[[Oseh Shtei Batei Nirin]] ([[Making two loops]])<br />
*[[Oraig]] ([[Weaving]])<br />
*[[Potzeya]] ([[Unraveling fabric]])<br />
*[[Koshair]] ([[Tying]])<br />
*[[Matir]] ([[Untying]])<br />
*[[Tofer]] ([[Gluing, taping, or stapling]])<br />
*[[Koreah]] ([[Ripping]])<br />
<br />
''Order of making hides''<br />
*[[Tzad]] ([[Trapping]])<br />
*[[Shochet]] ([[Slaughtering]])<br />
*[[Mafshit]] ([[Skinning]])<br />
*[[Maabaid]] ([[Tanning]])<br />
*[[Memachaik]] ([[Smoothing]])<br />
*[[Mesartait]] ([[Scoring]])<br />
*[[Mechataich]] ([[Cutting precisely]])<br />
<br />
''Order of construction''<br />
*[[Kotaiv]] ([[Writing]])<br />
*[[Mochek]] ([[Erasing]])<br />
*[[Boneh]] ([[Building]])<br />
*[[Sosair]] ([[Demolishing]])<br />
*[[Makeh BePatish]] ([[Completing a vessel]])<br />
*[[Mechabeh]] ([[Extinguishing a flame]])<br />
*[[Mavir]] ([[Kindling a fire]])<br />
*[[Hotzah]] ([[Carrying]])</div>Ndavidovicshttps://halachipedia.com/index.php?title=Memachaik&diff=7192Memachaik2012-12-10T21:17:49Z<p>Ndavidovics: </p>
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<div>==Memachaik==<br />
The Mishnah in Masechet [[Shabbat]] (73a) lists memachaik as one of the 39 Avot Melachot.<br />
This is defined as scraping or removing a surface to leave a smooth remainder. For example, using sandpaper to smooth wood, or scraping hairs off a piece of leather to make it smooth <ref>Rambam Hilchot [[Shabbat]] 11:5 </ref><br />
<br />
===Mimareach===<br />
One of the toladot of this melacha is mimareach-smoothing not by eliminating surface, but by spreading something over the surface. <ref> Rambam Hilchot [[Shabbat]] 11:6 </ref><br />
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=References=<br />
<references/></div>Ndavidovicshttps://halachipedia.com/index.php?title=Brushing_Teeth_on_Shabbat&diff=7191Brushing Teeth on Shabbat2012-12-10T21:14:49Z<p>Ndavidovics: </p>
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<div>[[Image:Brushing.png|right|200px]]<br />
==Brushing Teeth on Shabbat==<br />
===Mimareach===<br />
The Mishnah is [[Shabbat]] (73a) lists [[Memachaik]] as one of the avot melacha-scraping, removing a surface to leave a smooth remainder (sandpaper, scraping hairs off a piece of leather to make it smooth)<br />
Mimareach-smoothing not by eliminating surface, but by spreading something over the surface. <ref> (Rambam Hilchot [[Shabbat]] 11:5,6) </ref><br />
*Rav Moshe Feinstein <ref> (Shu"t Iggerot Moshe Orach Chaim, 1:112) </ref> says that it’s definitely forbidden to use toothpaste because of mimachek, but without toothpaste it is allowed just like washing the rest of your body. Seemingly, Rav Moshe meant mimareach the toladah of mimachek. It is also possible that he meant mimachek in that you’re smoothing out your teeth by removing the plaque. Rav Soloveitchik <ref> (Nefesh harav 168) </ref> said removing dirt or plaque is certainly not mimachek just like washing dishes is permissible. Mimachek is only when you’re removing something that is part of the essence of the object itself and plaque isn’t that. So they asked him maybe you remove enamel by brushing and he said that if that were true eventually you would have no tooth left from brushing. <br />
*Rav Ovadia Yosef says even paste is allowed. <ref> Sh"t Yabia Omer 4:30. </ref> This is based on the magen avraham (316:24) that says your allowed to smear spit on the ground, since if what your smearing gets totally absorbed, therefore its not a problem of mimareach. Similarly, toothpaste doesn’t stay there for a long time. His second proof is that the Rama (Orach Chaim 326:10) doesn’t say that the problem with using a hard soap is mimareach but instead says molid, because the soap only remains there temporarily. <br />
*Rav Soloveitchik agreed to this <ref> Nefesh Harav 168.</ref> He says that even though the ads claim to coat your tooth for 24 hours he wasn’t convinced this was true. And even if it is true, an invisible coating isn’t enough to assur it. <ref> (Aruch HaShulchan Yoreh Deah 83:15) </ref><br />
*The Tzitz Eliezer rules like Rav Moshe. <ref> Sh"t Tzitz Eliezer(7:30:8). 39 Melachos (vol 2, pg 373) also writes that using toothpaste is an issue of memarayach.</ref> He says that its not same as magen avraham because the spit the whole purpose is to get it into the ground, but with the toothpaste there is a purpose in the smearing even if just for a minute. (Says there’s no shiur for how long it has to be there.)<br />
<br />
===Molid===<br />
The toothpaste becoming a foamy, more fluid liquid maybe a problem of molid. This problem is raised based on Rashi([[Shabbat]] 51a)which says its asur to squeeze or crush ice on [[Shabbat]] because of molid. <ref>(a dirabanan issur of changing form because it’s so creative it’s like a quasi-melacha.(Shu”t Maharal Diskin 66)</ref> Shulchan Aruch however holds like the Rambam saying squeezing ice is asur because it looks like squeezing fruit which falls under the category of sechita.<ref> Shulchan Aruch Orach Chaim 320:9 based on Rambam Mishneh Torah Hilchot [[Shabbat]] 21:13. This same machloket applies to the permissibility of using a bar of soap. Shulchan Aruch (326:10) permits it, but the Rama there forbids it because of molid.</ref><br />
*Rav Moshe Feinstein in Iggeros Moshe and Rav Yitzchak Yaakov Weiss in Minchat Yitzchak prohibit brushing teeth with toothpaste based on this also. <ref> Iggeros Moshe ibid, Minchat Yitzchak (3:50) </ref><br />
*Rav Ovadia in Yabia Omer 4:29 paskins like the Shulchan Aruch that Sephardim don't have to worry about molid, and says Ashkenazim should hold like the Rama and therefore brushing teeth would be asur for them. <ref> Yabia Omer Orach Chaim 4:28 </ref><br />
*Rabbi Herschel Schachter says that even for Ashkenazim it should not be a problem because molid is solid to liquid not paste to liquid. <ref> Rav Schachter is quoted by Rabbi Aryeh Leibowitz between 2:30 and 3:30 http://www.yutorah.org/lectures/lecture.cfm/752802/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Brushing_Teeth_on_Shabbos </ref><br />
<br />
===Refuah===<br />
Rav Moshe Yonah Halevi Zweig raises the issue that it may be refuah on [[Shabbat]]. This is based on the Rambam who says that if you put a certain liquid in your mouth, it is prohibited to put it in if you have intention to heal, but if your intention is just for your breath then its ok. He says, that maybe since there's flouride and the brushing strengthens your teeth it may be asur. Rav Ovadia rejects this and says even if the toothpaste has flouride because even healthy people brush their teeth daily, and the gezeira of refuah doesn't apply to preventative refuah. <ref> Rabbi Zweig in Ohel Moshe (2:98) is quoted by yabia omer (Yabia Omer Orach Chaim 4:29) as comparing it to the Rambam in Hilchot [[Shabbat]] 21:24 which discusses the issue of refuah. </ref><br />
<br />
===Sechita===<br />
Gemara ([[Shabbat]] 128b) says there’s no sechita in hair since it doesn’t absorb. Rambam ([[Shabbat]] 9:11) paskins like this. However, the Maggid mishnah there says he still holds its asur derabbanan. <ref> Hilchot [[Shabbat]] 9:11 and Maggid Mishnah there, (Kesef Mishnah on Rambam 2:11, and Mishnah Berura 330) </ref> <br />
*Rav Moshe and Rav Yitzchak Yaakov Weiss say same with a toothbrush because the bristles are tightly packed and therefore you can’t use even liquid toothpaste and can’t wet it before. <ref> Iggeros Moshe (ibid.) and Minchat Yitzchak 3:48. 39 Melachos (vol 2, pg 373) agrees. </ref><br />
*The Sridei Esh <ref> Sridei Esh 1:30 </ref> brings a few reasons that we can be lenient with sechita with a toothbrush. <br />
#Says sechita is not a problem because you're not intending to squeeze out the toothbrush so its pesik resha (a consequence that will automatically happen)dilo nicha leh (that he doesn't need) on a dirabanan. <ref> The source to be mekil in that case is based on Magen avraham orach chaim (253:41) and Shu”t terumat hadeshen 64. However, Rama 316:3 disagrees with this assumption </ref><br />
# He also says based that since its sechita because of dash (mifarek) and not libun, then the fact that the water or toothpaste goes to waste when you're done would be enough to allow it. <ref> It is a problem of dash and not libun because the Magen Avraham Seif Katan 19 on shulchan aruch 320:15 says that if the garments main function is to absorb the liquid, (which a toothbrush is) then there is no concern that he will come to launder it). In that case, if the liquid goes to waste after violating dash, then it is permitted. (Shulchan Aruch Orach chaim 320) </ref><br />
#You can use a towel ([[Shabbat]] 147b) because if people go in they need to dry off and if you don’t let them dry off they cant wash and people cant live without washing, so too people suffer without clean teeth. <br />
*Rav Shlomo Zalman Auerbach says that the first leniency is not true because the people are happy with the squeezing of the toothpaste because that's what cleans their teeth. He also rejects the second because the liquid doesn't go to waste until after it fulfills its purpose. However, he is still mekil with regard to sechita for brushing your teeth for the third reason. <ref> Rav Shlomo Zalman's opinion is written in a letter in response to the sridei esh that's quoted in Siman 34 of the Sridei Esh. </ref><br />
<br />
===Uvdin Dichol=== <br />
<ref> There is no clear definition of what uvdin dichol is. However, Rav Shlomo Zalman defines it as if you do something during the week that would be assur on [[Shabbat]] and then on [[Shabbat]] do the same actions with the same objects just a little differently. (Rav Shlomo Zalman Meor Hasshabbat Letter 2:2) Rav Moshe (Iggerot Moshe 4:74) defines it as something that is an easily recognizable weekday activity even if it requires no melachot to be done. </ref><br />
Mishna berura (314:41) says that to use a vegetable grinder to grind eggs or cheese would be uvdin dichol. Also says in (303:87) that you can't use a comb even to lightly brush your hair to one side, but instead should get a special brush for [[Shabbat]] with soft bristles so its not uvdin dichol. <br />
*Minchat Yitzchak ibid and Rav Ovadia say that this would be a problem unless a special toothbrush is used. <ref> Seemingly then Rav Ovadia would be using a definition of uvdin dichol other than the one's of Rav Shlomo Zalman and Rav Moshe, because for them there is no way to violate uvdin dichol on an action that's permissible during the week. </ref><br />
*Rav Schachter said intuitively he feels there’s no problem of uvdin dichol with brushing teeth. <ref> Quoted by Rabbi Leibowitz ibid, using the rule that the Chazon Ish said that the parameters of uvdin dichol are defined by the poskim of each generation (39 melachos, Introduction to Shabbos endnote 522) </ref><br />
<br />
===Chavalah===<br />
Brushing your teeth can cause the gums to bleed which is asur under the melacha of shochet. <ref> Shulchan Aruch Orach Chaim 316:8, Mishnah Berurah 30 Mishnah Berurah 328:147; 39 Melochos, p. 893-94. </ref><br />
*Rav Yitzchak Yaakov Weiss says that this would be a problem with toothbrushes especially ones with hard bristles. <ref> Minchat Yitzchak 3:50 </ref> <br />
*Rav Ovadia says this isn’t really a problem because people usually don’t bleed, it only happens when you don’t brush often so its davar she’eno mitkaven if you do end up bleeding. And even if one does bleed often, then its pesik reshe its not nichah leh bidarabanan and there may be room to be lenient.<br />
<br />
===Hachanah===<br />
Gemara [[Shabbat]] (118a) says you can wash dinner and lunch dishes because you need it for the next meal, but you can’t wash dishes from seudat shlishit because that’s preparing for after [[Shabbat]]. <ref> Shulchan Aruch 323:6 </ref><br />
* Therefore, some say washing the toothbrush for the next day may be this same problem. <ref>39 Melachos (vol 2, pg 373)</ref><br />
* Rav Ovadia, Rav Moshe, Chacham Benzion Abba Shaul all agree that washing the brush after would be asur. <ref> Iggerot Moshe ibid, Yabia Omer ibid, Or Litzion 2:253 </ref><br />
* Rav Shlomo Zalman (28:81) says if you normally do something, and its no tircha you can do it on [[Shabbat]], even if theres a benefit for the next day as long as you don’t specifically say its for the next day. <ref> Shmirat [[Shabbat]] Kihilchitah 28:81(For example: you can bring your tallet home after shul, you can put a sefer back in its place, put a bottle of water back in the fridge) This can also be applied to a toothbrush (This point is raised by Yalkut Yosef 326: 27) although he disagrees. </ref><br />
* Rav Schachter also allows this because people don’t clean it to have it clean for after [[Shabbat]] but because people don’t want dirty toothbrushes lying around. <ref> Quoted by Rabbi Aryeh Leibowitz http://www.bknw.org/pafiledb/uploads/Brushing%20Teeth%20on%20Shabbos.pdf This is based on a psak by Mishnah berura 302:19 which allows making beds for the same reason. </ref><br />
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==References==<br />
<references/></div>Ndavidovicshttps://halachipedia.com/index.php?title=Brushing_Teeth_on_Shabbat&diff=7190Brushing Teeth on Shabbat2012-12-10T21:14:22Z<p>Ndavidovics: </p>
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<div>[[Image:Brushing.png|right|200px]]<br />
==Brushing Teeth on Shabbat==<br />
===Mimareach===<br />
The Mishnah is [[Shabbat]] (73a) lists [[Memachek]] as one of the avot melacha-scraping, removing a surface to leave a smooth remainder (sandpaper, scraping hairs off a piece of leather to make it smooth)<br />
Mimareach-smoothing not by eliminating surface, but by spreading something over the surface. <ref> (Rambam Hilchot [[Shabbat]] 11:5,6) </ref><br />
*Rav Moshe Feinstein <ref> (Shu"t Iggerot Moshe Orach Chaim, 1:112) </ref> says that it’s definitely forbidden to use toothpaste because of mimachek, but without toothpaste it is allowed just like washing the rest of your body. Seemingly, Rav Moshe meant mimareach the toladah of mimachek. It is also possible that he meant mimachek in that you’re smoothing out your teeth by removing the plaque. Rav Soloveitchik <ref> (Nefesh harav 168) </ref> said removing dirt or plaque is certainly not mimachek just like washing dishes is permissible. Mimachek is only when you’re removing something that is part of the essence of the object itself and plaque isn’t that. So they asked him maybe you remove enamel by brushing and he said that if that were true eventually you would have no tooth left from brushing. <br />
*Rav Ovadia Yosef says even paste is allowed. <ref> Sh"t Yabia Omer 4:30. </ref> This is based on the magen avraham (316:24) that says your allowed to smear spit on the ground, since if what your smearing gets totally absorbed, therefore its not a problem of mimareach. Similarly, toothpaste doesn’t stay there for a long time. His second proof is that the Rama (Orach Chaim 326:10) doesn’t say that the problem with using a hard soap is mimareach but instead says molid, because the soap only remains there temporarily. <br />
*Rav Soloveitchik agreed to this <ref> Nefesh Harav 168.</ref> He says that even though the ads claim to coat your tooth for 24 hours he wasn’t convinced this was true. And even if it is true, an invisible coating isn’t enough to assur it. <ref> (Aruch HaShulchan Yoreh Deah 83:15) </ref><br />
*The Tzitz Eliezer rules like Rav Moshe. <ref> Sh"t Tzitz Eliezer(7:30:8). 39 Melachos (vol 2, pg 373) also writes that using toothpaste is an issue of memarayach.</ref> He says that its not same as magen avraham because the spit the whole purpose is to get it into the ground, but with the toothpaste there is a purpose in the smearing even if just for a minute. (Says there’s no shiur for how long it has to be there.)<br />
<br />
===Molid===<br />
The toothpaste becoming a foamy, more fluid liquid maybe a problem of molid. This problem is raised based on Rashi([[Shabbat]] 51a)which says its asur to squeeze or crush ice on [[Shabbat]] because of molid. <ref>(a dirabanan issur of changing form because it’s so creative it’s like a quasi-melacha.(Shu”t Maharal Diskin 66)</ref> Shulchan Aruch however holds like the Rambam saying squeezing ice is asur because it looks like squeezing fruit which falls under the category of sechita.<ref> Shulchan Aruch Orach Chaim 320:9 based on Rambam Mishneh Torah Hilchot [[Shabbat]] 21:13. This same machloket applies to the permissibility of using a bar of soap. Shulchan Aruch (326:10) permits it, but the Rama there forbids it because of molid.</ref><br />
*Rav Moshe Feinstein in Iggeros Moshe and Rav Yitzchak Yaakov Weiss in Minchat Yitzchak prohibit brushing teeth with toothpaste based on this also. <ref> Iggeros Moshe ibid, Minchat Yitzchak (3:50) </ref><br />
*Rav Ovadia in Yabia Omer 4:29 paskins like the Shulchan Aruch that Sephardim don't have to worry about molid, and says Ashkenazim should hold like the Rama and therefore brushing teeth would be asur for them. <ref> Yabia Omer Orach Chaim 4:28 </ref><br />
*Rabbi Herschel Schachter says that even for Ashkenazim it should not be a problem because molid is solid to liquid not paste to liquid. <ref> Rav Schachter is quoted by Rabbi Aryeh Leibowitz between 2:30 and 3:30 http://www.yutorah.org/lectures/lecture.cfm/752802/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Brushing_Teeth_on_Shabbos </ref><br />
<br />
===Refuah===<br />
Rav Moshe Yonah Halevi Zweig raises the issue that it may be refuah on [[Shabbat]]. This is based on the Rambam who says that if you put a certain liquid in your mouth, it is prohibited to put it in if you have intention to heal, but if your intention is just for your breath then its ok. He says, that maybe since there's flouride and the brushing strengthens your teeth it may be asur. Rav Ovadia rejects this and says even if the toothpaste has flouride because even healthy people brush their teeth daily, and the gezeira of refuah doesn't apply to preventative refuah. <ref> Rabbi Zweig in Ohel Moshe (2:98) is quoted by yabia omer (Yabia Omer Orach Chaim 4:29) as comparing it to the Rambam in Hilchot [[Shabbat]] 21:24 which discusses the issue of refuah. </ref><br />
<br />
===Sechita===<br />
Gemara ([[Shabbat]] 128b) says there’s no sechita in hair since it doesn’t absorb. Rambam ([[Shabbat]] 9:11) paskins like this. However, the Maggid mishnah there says he still holds its asur derabbanan. <ref> Hilchot [[Shabbat]] 9:11 and Maggid Mishnah there, (Kesef Mishnah on Rambam 2:11, and Mishnah Berura 330) </ref> <br />
*Rav Moshe and Rav Yitzchak Yaakov Weiss say same with a toothbrush because the bristles are tightly packed and therefore you can’t use even liquid toothpaste and can’t wet it before. <ref> Iggeros Moshe (ibid.) and Minchat Yitzchak 3:48. 39 Melachos (vol 2, pg 373) agrees. </ref><br />
*The Sridei Esh <ref> Sridei Esh 1:30 </ref> brings a few reasons that we can be lenient with sechita with a toothbrush. <br />
#Says sechita is not a problem because you're not intending to squeeze out the toothbrush so its pesik resha (a consequence that will automatically happen)dilo nicha leh (that he doesn't need) on a dirabanan. <ref> The source to be mekil in that case is based on Magen avraham orach chaim (253:41) and Shu”t terumat hadeshen 64. However, Rama 316:3 disagrees with this assumption </ref><br />
# He also says based that since its sechita because of dash (mifarek) and not libun, then the fact that the water or toothpaste goes to waste when you're done would be enough to allow it. <ref> It is a problem of dash and not libun because the Magen Avraham Seif Katan 19 on shulchan aruch 320:15 says that if the garments main function is to absorb the liquid, (which a toothbrush is) then there is no concern that he will come to launder it). In that case, if the liquid goes to waste after violating dash, then it is permitted. (Shulchan Aruch Orach chaim 320) </ref><br />
#You can use a towel ([[Shabbat]] 147b) because if people go in they need to dry off and if you don’t let them dry off they cant wash and people cant live without washing, so too people suffer without clean teeth. <br />
*Rav Shlomo Zalman Auerbach says that the first leniency is not true because the people are happy with the squeezing of the toothpaste because that's what cleans their teeth. He also rejects the second because the liquid doesn't go to waste until after it fulfills its purpose. However, he is still mekil with regard to sechita for brushing your teeth for the third reason. <ref> Rav Shlomo Zalman's opinion is written in a letter in response to the sridei esh that's quoted in Siman 34 of the Sridei Esh. </ref><br />
<br />
===Uvdin Dichol=== <br />
<ref> There is no clear definition of what uvdin dichol is. However, Rav Shlomo Zalman defines it as if you do something during the week that would be assur on [[Shabbat]] and then on [[Shabbat]] do the same actions with the same objects just a little differently. (Rav Shlomo Zalman Meor Hasshabbat Letter 2:2) Rav Moshe (Iggerot Moshe 4:74) defines it as something that is an easily recognizable weekday activity even if it requires no melachot to be done. </ref><br />
Mishna berura (314:41) says that to use a vegetable grinder to grind eggs or cheese would be uvdin dichol. Also says in (303:87) that you can't use a comb even to lightly brush your hair to one side, but instead should get a special brush for [[Shabbat]] with soft bristles so its not uvdin dichol. <br />
*Minchat Yitzchak ibid and Rav Ovadia say that this would be a problem unless a special toothbrush is used. <ref> Seemingly then Rav Ovadia would be using a definition of uvdin dichol other than the one's of Rav Shlomo Zalman and Rav Moshe, because for them there is no way to violate uvdin dichol on an action that's permissible during the week. </ref><br />
*Rav Schachter said intuitively he feels there’s no problem of uvdin dichol with brushing teeth. <ref> Quoted by Rabbi Leibowitz ibid, using the rule that the Chazon Ish said that the parameters of uvdin dichol are defined by the poskim of each generation (39 melachos, Introduction to Shabbos endnote 522) </ref><br />
<br />
===Chavalah===<br />
Brushing your teeth can cause the gums to bleed which is asur under the melacha of shochet. <ref> Shulchan Aruch Orach Chaim 316:8, Mishnah Berurah 30 Mishnah Berurah 328:147; 39 Melochos, p. 893-94. </ref><br />
*Rav Yitzchak Yaakov Weiss says that this would be a problem with toothbrushes especially ones with hard bristles. <ref> Minchat Yitzchak 3:50 </ref> <br />
*Rav Ovadia says this isn’t really a problem because people usually don’t bleed, it only happens when you don’t brush often so its davar she’eno mitkaven if you do end up bleeding. And even if one does bleed often, then its pesik reshe its not nichah leh bidarabanan and there may be room to be lenient.<br />
<br />
===Hachanah===<br />
Gemara [[Shabbat]] (118a) says you can wash dinner and lunch dishes because you need it for the next meal, but you can’t wash dishes from seudat shlishit because that’s preparing for after [[Shabbat]]. <ref> Shulchan Aruch 323:6 </ref><br />
* Therefore, some say washing the toothbrush for the next day may be this same problem. <ref>39 Melachos (vol 2, pg 373)</ref><br />
* Rav Ovadia, Rav Moshe, Chacham Benzion Abba Shaul all agree that washing the brush after would be asur. <ref> Iggerot Moshe ibid, Yabia Omer ibid, Or Litzion 2:253 </ref><br />
* Rav Shlomo Zalman (28:81) says if you normally do something, and its no tircha you can do it on [[Shabbat]], even if theres a benefit for the next day as long as you don’t specifically say its for the next day. <ref> Shmirat [[Shabbat]] Kihilchitah 28:81(For example: you can bring your tallet home after shul, you can put a sefer back in its place, put a bottle of water back in the fridge) This can also be applied to a toothbrush (This point is raised by Yalkut Yosef 326: 27) although he disagrees. </ref><br />
* Rav Schachter also allows this because people don’t clean it to have it clean for after [[Shabbat]] but because people don’t want dirty toothbrushes lying around. <ref> Quoted by Rabbi Aryeh Leibowitz http://www.bknw.org/pafiledb/uploads/Brushing%20Teeth%20on%20Shabbos.pdf This is based on a psak by Mishnah berura 302:19 which allows making beds for the same reason. </ref><br />
<br />
<br />
<br />
==References==<br />
<references/></div>Ndavidovicshttps://halachipedia.com/index.php?title=Brushing_Teeth_on_Shabbat&diff=7189Brushing Teeth on Shabbat2012-12-10T21:13:58Z<p>Ndavidovics: </p>
<hr />
<div>[[Image:Brushing.png|right|200px]]<br />
==Brushing Teeth on Shabbat==<br />
===Mimareach===<br />
The Mishnah is [[Shabbat]] (73a) lists Memachek as one of the avot melacha-scraping, removing a surface to leave a smooth remainder (sandpaper, scraping hairs off a piece of leather to make it smooth)<br />
Mimareach-smoothing not by eliminating surface, but by spreading something over the surface. <ref> (Rambam Hilchot [[Shabbat]] 11:5,6) </ref><br />
*Rav Moshe Feinstein <ref> (Shu"t Iggerot Moshe Orach Chaim, 1:112) </ref> says that it’s definitely forbidden to use toothpaste because of mimachek, but without toothpaste it is allowed just like washing the rest of your body. Seemingly, Rav Moshe meant mimareach the toladah of mimachek. It is also possible that he meant mimachek in that you’re smoothing out your teeth by removing the plaque. Rav Soloveitchik <ref> (Nefesh harav 168) </ref> said removing dirt or plaque is certainly not mimachek just like washing dishes is permissible. Mimachek is only when you’re removing something that is part of the essence of the object itself and plaque isn’t that. So they asked him maybe you remove enamel by brushing and he said that if that were true eventually you would have no tooth left from brushing. <br />
*Rav Ovadia Yosef says even paste is allowed. <ref> Sh"t Yabia Omer 4:30. </ref> This is based on the magen avraham (316:24) that says your allowed to smear spit on the ground, since if what your smearing gets totally absorbed, therefore its not a problem of mimareach. Similarly, toothpaste doesn’t stay there for a long time. His second proof is that the Rama (Orach Chaim 326:10) doesn’t say that the problem with using a hard soap is mimareach but instead says molid, because the soap only remains there temporarily. <br />
*Rav Soloveitchik agreed to this <ref> Nefesh Harav 168.</ref> He says that even though the ads claim to coat your tooth for 24 hours he wasn’t convinced this was true. And even if it is true, an invisible coating isn’t enough to assur it. <ref> (Aruch HaShulchan Yoreh Deah 83:15) </ref><br />
*The Tzitz Eliezer rules like Rav Moshe. <ref> Sh"t Tzitz Eliezer(7:30:8). 39 Melachos (vol 2, pg 373) also writes that using toothpaste is an issue of memarayach.</ref> He says that its not same as magen avraham because the spit the whole purpose is to get it into the ground, but with the toothpaste there is a purpose in the smearing even if just for a minute. (Says there’s no shiur for how long it has to be there.)<br />
<br />
===Molid===<br />
The toothpaste becoming a foamy, more fluid liquid maybe a problem of molid. This problem is raised based on Rashi([[Shabbat]] 51a)which says its asur to squeeze or crush ice on [[Shabbat]] because of molid. <ref>(a dirabanan issur of changing form because it’s so creative it’s like a quasi-melacha.(Shu”t Maharal Diskin 66)</ref> Shulchan Aruch however holds like the Rambam saying squeezing ice is asur because it looks like squeezing fruit which falls under the category of sechita.<ref> Shulchan Aruch Orach Chaim 320:9 based on Rambam Mishneh Torah Hilchot [[Shabbat]] 21:13. This same machloket applies to the permissibility of using a bar of soap. Shulchan Aruch (326:10) permits it, but the Rama there forbids it because of molid.</ref><br />
*Rav Moshe Feinstein in Iggeros Moshe and Rav Yitzchak Yaakov Weiss in Minchat Yitzchak prohibit brushing teeth with toothpaste based on this also. <ref> Iggeros Moshe ibid, Minchat Yitzchak (3:50) </ref><br />
*Rav Ovadia in Yabia Omer 4:29 paskins like the Shulchan Aruch that Sephardim don't have to worry about molid, and says Ashkenazim should hold like the Rama and therefore brushing teeth would be asur for them. <ref> Yabia Omer Orach Chaim 4:28 </ref><br />
*Rabbi Herschel Schachter says that even for Ashkenazim it should not be a problem because molid is solid to liquid not paste to liquid. <ref> Rav Schachter is quoted by Rabbi Aryeh Leibowitz between 2:30 and 3:30 http://www.yutorah.org/lectures/lecture.cfm/752802/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Brushing_Teeth_on_Shabbos </ref><br />
<br />
===Refuah===<br />
Rav Moshe Yonah Halevi Zweig raises the issue that it may be refuah on [[Shabbat]]. This is based on the Rambam who says that if you put a certain liquid in your mouth, it is prohibited to put it in if you have intention to heal, but if your intention is just for your breath then its ok. He says, that maybe since there's flouride and the brushing strengthens your teeth it may be asur. Rav Ovadia rejects this and says even if the toothpaste has flouride because even healthy people brush their teeth daily, and the gezeira of refuah doesn't apply to preventative refuah. <ref> Rabbi Zweig in Ohel Moshe (2:98) is quoted by yabia omer (Yabia Omer Orach Chaim 4:29) as comparing it to the Rambam in Hilchot [[Shabbat]] 21:24 which discusses the issue of refuah. </ref><br />
<br />
===Sechita===<br />
Gemara ([[Shabbat]] 128b) says there’s no sechita in hair since it doesn’t absorb. Rambam ([[Shabbat]] 9:11) paskins like this. However, the Maggid mishnah there says he still holds its asur derabbanan. <ref> Hilchot [[Shabbat]] 9:11 and Maggid Mishnah there, (Kesef Mishnah on Rambam 2:11, and Mishnah Berura 330) </ref> <br />
*Rav Moshe and Rav Yitzchak Yaakov Weiss say same with a toothbrush because the bristles are tightly packed and therefore you can’t use even liquid toothpaste and can’t wet it before. <ref> Iggeros Moshe (ibid.) and Minchat Yitzchak 3:48. 39 Melachos (vol 2, pg 373) agrees. </ref><br />
*The Sridei Esh <ref> Sridei Esh 1:30 </ref> brings a few reasons that we can be lenient with sechita with a toothbrush. <br />
#Says sechita is not a problem because you're not intending to squeeze out the toothbrush so its pesik resha (a consequence that will automatically happen)dilo nicha leh (that he doesn't need) on a dirabanan. <ref> The source to be mekil in that case is based on Magen avraham orach chaim (253:41) and Shu”t terumat hadeshen 64. However, Rama 316:3 disagrees with this assumption </ref><br />
# He also says based that since its sechita because of dash (mifarek) and not libun, then the fact that the water or toothpaste goes to waste when you're done would be enough to allow it. <ref> It is a problem of dash and not libun because the Magen Avraham Seif Katan 19 on shulchan aruch 320:15 says that if the garments main function is to absorb the liquid, (which a toothbrush is) then there is no concern that he will come to launder it). In that case, if the liquid goes to waste after violating dash, then it is permitted. (Shulchan Aruch Orach chaim 320) </ref><br />
#You can use a towel ([[Shabbat]] 147b) because if people go in they need to dry off and if you don’t let them dry off they cant wash and people cant live without washing, so too people suffer without clean teeth. <br />
*Rav Shlomo Zalman Auerbach says that the first leniency is not true because the people are happy with the squeezing of the toothpaste because that's what cleans their teeth. He also rejects the second because the liquid doesn't go to waste until after it fulfills its purpose. However, he is still mekil with regard to sechita for brushing your teeth for the third reason. <ref> Rav Shlomo Zalman's opinion is written in a letter in response to the sridei esh that's quoted in Siman 34 of the Sridei Esh. </ref><br />
<br />
===Uvdin Dichol=== <br />
<ref> There is no clear definition of what uvdin dichol is. However, Rav Shlomo Zalman defines it as if you do something during the week that would be assur on [[Shabbat]] and then on [[Shabbat]] do the same actions with the same objects just a little differently. (Rav Shlomo Zalman Meor Hasshabbat Letter 2:2) Rav Moshe (Iggerot Moshe 4:74) defines it as something that is an easily recognizable weekday activity even if it requires no melachot to be done. </ref><br />
Mishna berura (314:41) says that to use a vegetable grinder to grind eggs or cheese would be uvdin dichol. Also says in (303:87) that you can't use a comb even to lightly brush your hair to one side, but instead should get a special brush for [[Shabbat]] with soft bristles so its not uvdin dichol. <br />
*Minchat Yitzchak ibid and Rav Ovadia say that this would be a problem unless a special toothbrush is used. <ref> Seemingly then Rav Ovadia would be using a definition of uvdin dichol other than the one's of Rav Shlomo Zalman and Rav Moshe, because for them there is no way to violate uvdin dichol on an action that's permissible during the week. </ref><br />
*Rav Schachter said intuitively he feels there’s no problem of uvdin dichol with brushing teeth. <ref> Quoted by Rabbi Leibowitz ibid, using the rule that the Chazon Ish said that the parameters of uvdin dichol are defined by the poskim of each generation (39 melachos, Introduction to Shabbos endnote 522) </ref><br />
<br />
===Chavalah===<br />
Brushing your teeth can cause the gums to bleed which is asur under the melacha of shochet. <ref> Shulchan Aruch Orach Chaim 316:8, Mishnah Berurah 30 Mishnah Berurah 328:147; 39 Melochos, p. 893-94. </ref><br />
*Rav Yitzchak Yaakov Weiss says that this would be a problem with toothbrushes especially ones with hard bristles. <ref> Minchat Yitzchak 3:50 </ref> <br />
*Rav Ovadia says this isn’t really a problem because people usually don’t bleed, it only happens when you don’t brush often so its davar she’eno mitkaven if you do end up bleeding. And even if one does bleed often, then its pesik reshe its not nichah leh bidarabanan and there may be room to be lenient.<br />
<br />
===Hachanah===<br />
Gemara [[Shabbat]] (118a) says you can wash dinner and lunch dishes because you need it for the next meal, but you can’t wash dishes from seudat shlishit because that’s preparing for after [[Shabbat]]. <ref> Shulchan Aruch 323:6 </ref><br />
* Therefore, some say washing the toothbrush for the next day may be this same problem. <ref>39 Melachos (vol 2, pg 373)</ref><br />
* Rav Ovadia, Rav Moshe, Chacham Benzion Abba Shaul all agree that washing the brush after would be asur. <ref> Iggerot Moshe ibid, Yabia Omer ibid, Or Litzion 2:253 </ref><br />
* Rav Shlomo Zalman (28:81) says if you normally do something, and its no tircha you can do it on [[Shabbat]], even if theres a benefit for the next day as long as you don’t specifically say its for the next day. <ref> Shmirat [[Shabbat]] Kihilchitah 28:81(For example: you can bring your tallet home after shul, you can put a sefer back in its place, put a bottle of water back in the fridge) This can also be applied to a toothbrush (This point is raised by Yalkut Yosef 326: 27) although he disagrees. </ref><br />
* Rav Schachter also allows this because people don’t clean it to have it clean for after [[Shabbat]] but because people don’t want dirty toothbrushes lying around. <ref> Quoted by Rabbi Aryeh Leibowitz http://www.bknw.org/pafiledb/uploads/Brushing%20Teeth%20on%20Shabbos.pdf This is based on a psak by Mishnah berura 302:19 which allows making beds for the same reason. </ref><br />
<br />
<br />
<br />
==References==<br />
<references/></div>Ndavidovics