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Abortion: Difference between revisions
From Halachipedia
→Practical Abortion Cases
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#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> | ||
