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In Halakhah, Abortion Is Prohibited—but Not Considered Murder

Aug. 13 2018

In America, debates over abortion tend to boil down to “pro-life” or “pro-choice” positions—defined more often than not by religious principles. But traditional Jewish sources take an approach that doesn’t quite fit either term, as Shlomo Brody explains:

Procreation, [in the Jewish view], represents a definitive commandment and is paradigmatic of a general attitude of promoting life. The notion that having an abortion is simply a woman’s [moral] prerogative, based on [an idea of individual moral] autonomy, is entirely absent from traditional Jewish sources. [Furthermore], Jewish law grants moral status to a fetus. For this reason, one is permitted to violate the Sabbath to save its life, even as it would not be permitted in the case of animals, which have a lower moral status. . . .

While Jewish law may grant moral status to this future human being, this does not mean that it equates feticide with murder. If feticide is prohibited, but is not homicide, then what is it? Historically, many halakhic authorities viewed feticide as a lower-level form of manslaughter that is permitted only when it will save the mother’s life. . . .This includes cases of direct physiological danger as well as mental imbalance [that could render a mother] suicidal. Otherwise, abortion remains a very severe offense. . . .

Yet [some] scholars like Jacob Emden (1697-1776) and Ben-Zion Uziel (1890-1953) significantly lowered the severity of the prohibition on abortion, even as they firmly maintained that it is generally forbidden. Some asserted that abortion falls under the general prohibition of battery, while others include it within a general rabbinic proscription of preventing the creation of life. These lenient assessments clearly allow for a broader range of dispensations, including cases in which the pregnancy might aggravate preexisting medical conditions that are not life-threatening. Most famously, [the 20th-century] rabbis Eliezer Waldenberg and Shaul Yisraeli permitted aborting a fetus diagnosed with Tay-Sachs in order to prevent the future suffering of this child and the mental anguish of its parents. Others strongly opposed this ruling. . . .

These significant disagreements create a greater amount of nuance than in other religious traditions that assert that life begins at conception and only allow abortions when the mother’s life is threatened. This is a perfectly cogent position, but not the Jewish one.

Read more at Jerusalem Post

More about: Abortion, Halakhah, Judaism, Religion & Holidays, U.S. Politics

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic