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Abortion: Difference between revisions
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==What is the Prohibition?== | ==What is the Prohibition?== | ||
#'''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 (and cannot live 12 months).<ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. Rav Moshe's proofs are from Tosfot Sanhedrin 59a s.v. layka's question as well as Rambam (Retsicha 1:9). He answers why Rashi (Sanhedrin 72b s.v. yatza) is not a proof against him. </ref> | #'''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 (and cannot live 12 months).<ref>Iggros Moshe, Choshen Mishpat, Part 2, Chapter 69. Rav Moshe's proofs are from Tosfot Sanhedrin 59a s.v. layka's question as well as Rambam (Retsicha 1:9). He answers why Rashi (Sanhedrin 72b s.v. yatza) is not a proof against him. Rav Chaim Halevi (Retsicha 1:9) explains Rambam like Rav Moshe that it is murder to abort a fetus. Achiezer 3:72 has another explanation of the Rambam according to which abortion isn't murder. </ref> | ||
#'''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> | #'''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> | ||
#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> | #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> | ||
#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> | #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> | ||
#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> | #Aborting the fetus is injuring the mother (Chavalah).<ref>Maharit 97 at the beginning writes that abortion is a violation of chavalah. However, afterwards he implies that it is murder.</ref> 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> | ||
#It is a Rabbinical prohibition. There is no clear prohibition in the Torah, so our only real sources are the rabbinical sources.<ref>Sanhedrin 72b; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref> | #It is a Rabbinical prohibition. There is no clear prohibition in the Torah, so our only real sources are the rabbinical sources.<ref>Sanhedrin 72b; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref> | ||
#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. | #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. | ||
#There is a discussion whether abortion by drinking a certain type of medicine is considered murder or only rabbinic.<ref>Yabia Omer EH 4:1:5 quotes Rav Yehuda Ayash (Bet Yehuda EH 1:14) and Rav Chaim Palagi (Chaim Vshalom 1:40) who hold that abortion by drinking a certain type of medicine is only a rabbinic prohibition.</ref> | |||
==Practical Abortion Cases== | ==Practical Abortion Cases== | ||
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#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> | #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> | ||
#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> | #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> | ||
#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 Rabbi Yitzchok Breitowitz in "The Preembryo in Halacha"]. Rabbi Melamed (Peninei Halacha "Ben Adam Lechavero UShemirat HaChaim" p. 258) writes that most poskim hold that abortion before 40 days is permitted, but it is noteworthy that some poskim such as Rav Unterman forbid.</ref> | #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 Rabbi Yitzchok Breitowitz in "The Preembryo in Halacha"]. Rabbi Melamed (Peninei Halacha "Ben Adam Lechavero UShemirat HaChaim" p. 258) writes that most poskim hold that abortion before 40 days is permitted, but it is noteworthy that some poskim such as Rav Unterman forbid. Rav Moshe (Igrot Moshe CM 2:69) implies that abortion is considered murder even before 40 days according to Ramban and Bahag who hold that one could violate Shabbat in order to say a fetus that is less than 40 days.</ref> | ||
#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> | #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> | ||
#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> | #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> | ||
