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Abortion: Difference between revisions

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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.
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 to perform abortion, a layman should not make any decisions on his own in this serious matter, rather he should consult a Rav of eminent stature and knowledge in this matter.<Ref>[http://www.yutorah.org/lectures/lecture.cfm/735906/Rabbi_Chaim_Jachter/Embryonic_Stem_Cell_Research# Rabbi Chaim Jachter] quotes from Rabbi Aharon Lichtenstein that just like an ordinary physician wouldn't perform a complicated surgery such as a liver transplant, so too an ordinary Rabbi should not render an opinion on abortion, rather a Rabbi of eminent stature should render a decision.</ref>
== What is the Prohibition? ==
== What is the Prohibition? ==
# 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>
# 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>