From: haber@shark.mel.dit.CSIRO.AU (Yaacov Haber)
Subject: Jewish view on abortion
Organization: CSIRO, Division of Information Technology, Melbourne
Date: Mon, 27 Jul 92 05:12:53 GMT

	
The following talk was given by Rabbi Yaacov Haber in Melbourne, Australia.
It was part of the ongoing series "Critical Issues for Jews of Today". The
following is only a digest of information and in no way should be used to
make a practical decision. Due to the delicate nature of the topic it is
advised that all personal questions be discussed in person with a Rabbi of
the highest competence.
	
                         THE JEWISH VIEW ON ABORTION



	The Talmud relates the following story. Isaiah  the  prophet  and
	Hezekiah  the  king of Israel found themselves in the same local.
	The protocol question came up as to who should visit who. Finally
	the king became ill which gave the Prophet the added incentive to
	pay the call. When he arrived he said to the King, 'You have for-
	fitted  your  life  in  this world and the next!" The king in his
	state of shock questioned the prophet why this  should  be.  'Be-
	cause  you  refrain  from  procreating' With a sigh of relief the
	king said' That is not a problem, the reason I refrained  is  be-
	cause I saw in my holy spirit, that the children I am destined to
	have are evil and destructive' To this the prophet responded 'You
	have  crawled into an area that no man should enter. Our function
	is to do what is right in the eyes of the Almighty; His  function
	is to be concerned about the future'.
	
	I retell this story to point out but one thing. What we know  and
	are able to know is mind boggling to say the least. What we don't
	know is as deep as the deepest ocean. We must be careful with the
	very  scientific  crystal  ball  available to us and realize that
	there is a G-d in the world who in the final analyses is in  con-
	trol and is watching with a very careful eye.
	
	What is the Jewish view of abortion?  There is a  rather  strange
	verse in the Torah. "He who spills the blood of a person within a
	person his blood shall be spilled" (Breishis 8;22) The Rabbis  of
	the  Talmud  explain  that this refers to an abortion. This would
	seem to be the end of the discussion except  for  the  fact  that
	many centuries later when G-d gave the Torah to the nation of Is-
	rael this prohibition was not repeated. It did not get listed  as
	one  of the 365 negative commandments of the Torah. At this point
	it was clear to all that  to  perform  an  abortion  was  clearly
	against  the  Torah but it was not clear exactly what the parame-
	ters were.
	
	The Jewish view of the nature of the fetus is based upon a state-
	ment  in  Exodus  which  dealt  with  a miscarriage caused by men
	fighting and pushing a pregnant woman. The individual responsible
	for  the miscarriage was fined, but was not tried for murder (Ex.
	21.22). We learn from the commentaries that payment was made  for
	the loss of the fetus and for any injury done to the woman. Obvi-
	ously no fatal injury occurred to her. It was the line of reason-
	ing  of the Sefer Mierat Enayim Hoshen Mishpat 425.8 that if this
	case had been considered as murder,  the  Biblical  and  Rabbinic
	penalties for murder would have been invoked. (this same proof is
	brought by the Yad Rama in Sanhedrin).
	
	The second source of the nature of the  fetus  is  found  in  the
	Mishnah,  which  states  that it is permissible to perform an em-
	bryotomy if a woman's life is endangered by it during the process
	of  giving birth. However, if a greater part of the fetus had em-
	erged, or if the head had emerged, then the fetus  possesses  the
	status  of  a  person  and can not be dismembered, as one may not
	take another ones life in order to save his own. (M. Ohalot 7.6).
	This  Mishna  considers  the unemerged fetus entirely part of the
	woman's body; just as any of her limbs could be amputated to save
	her  life,  so may the fetus be destroyed. The same point of view
	was taken in another section of the Mishnah, which discussed  the
	execution  of a pregnant woman for a crime. The authorities would
	not wait for her to give birth even if that process  had  already
	begun (Arackh. 7a).
	
	According to this line of thinking abortion is clearly  forbidden
	but  not  murder.  It  would  therefore follow, that in a case of
	danger to the mother an abortion would be permitted  even  if  it
	were not a life threatening danger.
	
	This is a good time to clarify the following. One  of  the  major
	factors  that  go  into  the "secular" decision making process is
	quality of life. We refer to the quality of life  of  the  child.
	The  feeling is that allowing a child to be born and suffer would
	be a ruthless act. From a Halachic point of view the  welfare  of
	the  child  is not at all a consideration. We can not terminate a
	life or a potential life because we deem it of poor quality.
	
	The exception to this might be a fetus which does  not  and  will
	not  develop a brain. From a Halachic point of view this fetus is
	not considered a "nefesh" and an abortion would be permitted.  If
	however  the  newborn will be considered a person but with an ex-
	tremely poor quality of life then we can not on that basis decide
	to  terminate its life. It would not be within the authority of a
	parent to decide to terminate a life and it is certainly not  the
	decision  of  the  doctor.  Even a person himself who is in great
	pain is forbidden to terminate his life. G-d alone can make  this
	decision. As far as the life of the child goes we must leave this
	one to G-d.
	
	The Rabbis also refer to a case of terminating a pregnancy within
	72  hours of conception by the use of a drug. HaRav Shlomo Zalman
	Ohrbach rendered that in a case of great trauma such  as  a  rape
	victim  this would not be considered an abortion as it is not yet
	developed to the stage of prohibition.
	
	On the other hand the Halacha is very concerned about the welfare
	and  quality  of life of the mother. According to all authorities
	if a question of life or death for the mother occurs  then  there
	is no question that an abortion must take place. According to the
	authorities that feel that abortion is not murder,  in  cases  of
	extreme hardship, under stringent conditions an abortion could be
	contemplated.
	
	What exactly constitutes severe hardship occupies a large  amount
	of space amongst the responsa.
	
	If the psychological welfare of the mother is  the  concern,  the
	Rabbis in consultation with professionals must decide if the con-
	dition feared is treatable without terminating the pregnancy.  If
	it  is  deemed  treatable  with  therapy or even prescribed drugs
	these may be  better options then abortion.
	
	In the case of extreme abnormalities and birth defects  one  must
	again  consider  the  affect they will have on the parents of the
	child. If their quality of life will be severely affected then  a
	question must be asked.
	
	Some scholars have felt that although one is  not  convicted  for
	murder in the case of abortion nevertheless it is still a form of
	murder. As such, only the  argument  of  "pursuit"  provides  the
	proper  basis  for abortion when the mother's life is endangered.
	(Rav Moshe Feinstien in Sefer zikoron for R.  Abramsky)  Although
	the  fetus is not a person (nefesh), it still possesses a special
	status, and therefore, killing it could be considered murder. Not
	the type of murder that would obligate the killer in capital pun-
	ishment but murder nevertheless. According to  these  authorities
	nothing  could  justify  an  abortion  except a literal threat of
	death to the mother.
	
	It would be impossible for anyone of us  to  make  this  decision
	alone.  Being that the issues surrounding this are so severe any-
	one who has even the most basic concern with G-ds opinion  should
	consult the most competent Rabbi possible.
	
	As a final caveat; It is incumbent  upon  the  Jew  to  remain  a
	thinking individual at all times. We must constantly be cognizant
	of what we are doing and the ramifications  thereof.  It's  quite
	possible  that  in  a  different age and in a different place the
	mass abortion on demand movement would  be  considered  barbaric.
	Those  that do not liken abortion to murder compare it to the am-
	putation of a limb or the removal of an organ. Certainly we would
	consider  amputation  in  a life threatening situation but in any
	thing less we would weigh this issue with extreme care. The pack-
	aging  of abortion in our age has made it easier to deny the ram-
	ifications of what it is we are really doing.
	
	When these questions were asked hundreds of years ago it was with
	the  utmost  respect  for  human  life and dignity. It was with a
	burning desire to have a child, and with the  highest  degree  of
	yiras  shamayim.  In the Hippocratic oath every doctor proclaimed
	"I will not give to a woman a pessary to procure abortion."
	
	Sometimes one may be tempted to conclude that  Jewish  law  mani-
	fests  a  ruthless attitude toward the individual and his plight.
	It is important that we recognize that, quite  to  the  contrary,
	Halacha is motivated first and foremost by concern for all living
	creatures.
	
	I'd be speaking out of turn to try to explain why Rav  Moshe  was
	as  adamant  about   abortion  as  he was, but perhaps it was the
	breakdown of society, the very smooth anesthetic of  modern  cul-
	ture that caused him to scream in order to wake up people to what
	they were really doing.
	
	King Solomon proclaimed the following; " We know not the way  the
	wind  will blow, nor how the bones grow in the womb of her that is
	with child. We know not the work of G-d who ultimately, does  all
	things. " (Koheles 11:5)
	
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Rabbi Yaacov Haber, Director                   Home: 206 Orrong Rd.            
Australia Institute for Torah                  Caulfield, Victoria 3161
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