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Abortion: Difference between revisions

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#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 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>
#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>
# If a mother is in danger of her life if she continues to carry the fetus,
##if one doctor says she can continue with the pregnancy and one doctor disagrees that she cannot because of the danger to her life, she may continue with the pregnancy or may abort.<ref>Rabbi Yitzchak Zilberstein (Shabbat Shabbaton p. 173)</ref>
##if two doctors say she can continue with the pregnancy and one doctor says she should abort to save her life, she may not abort.<ref>Rabbi Yitzchak Zilberstein (Shabbat Shabbaton p. 173)</ref>
##if one doctor says she can continue with the pregnancy and two doctors say she should abort to save her life, she should abort, but if she wants to she may continue the pregnancy.<ref>Rabbi Yitzchak Zilberstein (Shabbat Shabbaton p. 170-3) quoting Rav Wosner and Chazon Ish. He quotes Rav Elyashiv that the Chazon Ish only ruled not to abort based on the one doctor against two after he determined that the danger was remote. However, Rav Elyashiv said, without that determination a person should follow the two doctors over the one doctor.</ref>


==Stem Cell Research==
==Stem Cell Research==
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