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Abortion: Difference between revisions
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# One possible prohibition could be that it is against the commandment of פרו ורבו. Part of the commandment is to allow every potential soul to come into being, and if one does abortion, they cannot do this. <ref> Yevamos 63b</ref> | # One possible prohibition could be that it is against the commandment of פרו ורבו. Part of the commandment is to allow every potential soul to come into being, and if one does abortion, they cannot do this. <ref> Yevamos 63b</ref> | ||
# 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 | # 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> | ||
# It’s a Rabbinical prohibition. There’s no clear prohibition in the Torah, so our only real sources are the rabbinical sources. <ref>Sanhedrin עב; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref> | # It’s a Rabbinical prohibition. There’s no clear prohibition in the Torah, so our only real sources are the rabbinical sources. <ref>Sanhedrin עב; Tzitz Eliezer, Jerusalem, 1963, volume VII, number 48, p. 190.</ref> | ||
# 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. | ||
== Practical Abortion Cases == | == Practical Abortion Cases == | ||
# 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> | # 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> | ||
# 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 | # 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> | ||
# 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> | ||
# 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 | # 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> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
