Abortion and Judaism

When people are asked to state their opinion about abortion, many already have a set opinion in their mind regarding the subject. This opinion may be based upon their political beliefs, it may be based upon their cultural beliefs, and it also may be based upon their religious beliefs. The people of United States are very split in their opinion regarding abortion. It is about a fifty fifty split down the middle, with half of the population for abortion and a woman’s right to chose, and with the other half of the population against the whole idea, as stated in a 2005 CNN Gallup poll. What it comes down to, in the United States, is religion. Seeing as how the majority of the citizens of the United States are of the Christian faith, they see abortion as murder and do not agree with it what so ever.

When it comes to Judaism, which to some is simply a culture, yet to others is also a religion, making an opinion about the subject of abortion is a little more complicated. Seeing as how Judaism is one of the oldest religions, the Jewish Biblical text has been read, reread, and scrutinized many times since it was written over five thousand years ago. Most people who believe in the Jewish faith accept what has been written in these texts. There are several levels of belief in the Jewish religion, ranging from Orthodox to Modern Orthodox, to Reform, to Liberal (85% of Jews in the United States). These levels themselves, as well as movements and philosophies, can influence a person’s opinion about abortion, however this is not necessarily so.

In the biblical passage Exodus 21:22, there is a case regarding a man accidentally causing a woman to miscarriage, killing the fetus. It is said that if the women survives, the man who caused the miscarriage simple has to pay the woman’s husband what he ask. If the woman dies however, the man who caused the death must also be killed. Although a person may not deliberately harm a fetus, this passage is a clear indication that a fetus does not have the status of a person.

In the text of the Bible, abortion is specifically referred to as, “one who pours blood within blood, his blood will be poured” (Sanhedrin 57b, re Genesis 9:6.) This is explained as killing a person who is inside of another person. There is however a distinction between the first forty days after conception, in with the fetus not fully shaped, and after the first forty days. It is stated that, “the embryo is considered to be mere water until the fortieth day” (Leviticus 12:2-5.) Halacha, or Jewish Law, has this definition: “...a baby...becomes a full-fledged human being when the head emerges from the womb. Before then, the fetus is considered a 'partial life'” (Oholot 7:6.) Judaism does not take a” pro-life”, nor a “pro-choice” stand regarding abortion, seeing as how there is no clear consensus. There is even a disagreement in the Jewish community about whether abortion is a Biblical or a rabbinic issue.

In most cases it is forbidden to abort a fetus due to the fact that an abnormality or defect was found. Rabbi Moshe Feinstien, who is considered to be one of the most qualified to decide matters of Jewish law of this century, as well as a Modern Orthodox Rabbi, says that performing an amniocentesis is forbidden if it is done so only to evaluate birth defects in which an abortion may later be requested by the parents. Rabbi Eliezar Waldenberg, also considered to be quite qualified in deciding matters of Jewish law, however, allows first trimester abortion of a fetus that would be born with a deformity which could cause it to suffer. Rabbi Waldenberg also allows the abortion of a fetus with a lethal fetal defect, up to the end of the second trimester.

A major issue regarding abortion in the Jewish community is the belief of “ensoulment”, or when the soul enters the body. In Christianity, most believe this to be ninety days after conception. In Judaism, there is no consensus because “ensoulment” is regarded as “one of the 'secrets of God' that will be revealed only when the Messiah comes.” Whether or not one believes in “ensoulment” it is hard to clearly define when a person actually becomes a person.

Judaism has several modern day principles regarding abortion, such as the fact that the fetus is considered valuable because it has the “potential” to have human life. Another modern day Orthodox Jewish principle regarding abortion is that abortion is permitted to save a woman’s life. When it generally comes between a woman and a fetus, the already born autonomous woman’s life takes precedence (Oholot 7:6.) The fetus may even be considered a “rodef” or pursuer, with the intent to kill the mother (Sanhedrin 72b).

There is no clear yes or no answer when it comes to the question of abortion in Judaism, yet there are many texts and scriptures that may help a person make up his/her own decision. Some people of the Jewish faith may agree with the “pro-life” movement and completely oppose abortion. Others may agree with the “pro-choice” movement and completely support the woman’s right to an abortion and to her body. And there are even others who do not agree, nor disagree, with either side. Although Judaism supports abortion access for women, as stated in the Bible, “...each case must be decided individually by a rabbi well-versed in Jewish law.”

Work Sited

13 Sept. 2007

<http://www.aish.com/rabbi/ATR_browse.asp?l=A&offset=1>

13 Sept. 2007

<http://www.aish.com/societyWork/sciencenature/Abortion_in_Jewish_Law.asp>

13 Sept. 2007

<http://www.jewishvirtuallibrary.org/jsource/Judaism/abortion.html>

13 Sept. 2007

<http://www.religioustolerance.org/jud_abor.htm>

13 Sept. 2007

<http://www.somethingjewish.co.uk/articles/110_what_are_the_teachin.htm>

13 Sept. 2007