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Abortion: Difference between revisions

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# 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 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>  
# 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>
# 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 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>
# 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>
#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>