Abortion in Jewish Law

The Gemara notes: And it was necessary for the Torah to write: “One who strikes a man,” and it was necessary for the Torah to write: “Anyone who kills a soul, the murderer shall be slain on the basis of witnesses” (Numbers 35:30), since if the Merciful One wrote only: “One who strikes a man and he dies,” I would say that one who strikes a man, i.e., an adult, who is obligated in the fulfillment of mitzvot, yes, he is executed, but one who kills a minor, no, he is not executed. Therefore, the Merciful One writes: “Anyone who kills a soul.” And if the Merciful One wrote only: “Anyone who kills a soul,” I would say that one is executed even if he killed a non-viable newborn, or even if he killed a child born after a gestation period of eight months, who, in talmudic times, was also considered non-viable. Consequently, both verses are necessary.

For R. Chanina b. Papa made the following exposition: The name of the angel who is in charge of conception is 'Night', and he takes up a drop and places it in the presence of God saying, 'Sovereign of the universe, what shall be the fate of this drop? Shall it produce a strong man or a weak man, a wise man or a fool, a rich man or a poor man?' Whereas 'wicked man' or 'righteous one' he does not mention, in agreement with the view of R. Chanina. For R. Chanina stated: Everything is in the hands of heaven except the awe of God, as it is said, And now, Israel, what does does God require of you, but to hold God in awe...

(7) If she miscarries on the fortieth day [since her prior immersion], she need not be concerned that it was a fetus. If [she miscarries] on the forty-first day, she should sit [for the required number of days] for a male and for a female.

At what stage is the embryo discernible? Symmachus citing R. Meir replied: Three months after conception.

R. Simlai delivered the following discourse: What does an embryo resemble when it is in the bowels of its mother? Folded writing tablets. Its hands rest on its two temples respectively, its two elbows on its two legs and its two heels against its buttocks. Its head lies between its knees, its mouth is closed and its navel is open, and it eats what its mother eats and drinks what its mother drinks, but produces no excrements because otherwise it might kill its mother. As soon, however, as it sees the light the closed organ opens and the open one closes, for if that had not happened the embryo could not live even one single hour. A light burns above its head and it looks and sees from one end of the world to the other, as it is said, then his lamp shined above my head, and by God's light I walked through darkness. And do not be astonished at this, for a person sleeping here might see a dream in Spain. And there is no time in which a person enjoys greater happiness than in those days, for it is said, O that I were as the months of old, as in the days when God watched over me; now which are the days' that make up 'months' and do not make up years? The months of pregnancy of course. It is also taught all the Torah from beginning to end, for it is said, And he taught me, and said to me: 'Let your heart hold fast my words, keep my commandments and live', and it is also said, When the words of God were upon my tent. Why the addition of 'and it is also said'? — In case you might say that it was only the prophet who said that, come and hear 'when the words of God were upon my tent. As soon as it, sees the light an angel approaches, slaps it on its mouth and causes it to forget all the Torah completely, as it is said, Sin crouches at the door.

(4) If a woman is about to be executed, they do not wait for her until she gives birth. But if she had already sat on the birthstool, they wait for her until she gives birth.

(6) A woman who was having trouble giving birth, they cut up the fetus inside her and take it out limb by limb, because her life comes before its life. If most of it had come out already they do not touch it because we do not push off one life for another.

If now assaults a woman, even unintentionally, and her child is born prematurely, he must pay the value of the child to the husband and the compensation for injury and pain to the woman.

If a priest's daughter was married to an Israelite who died, she may perform her ritual immersion and eat terumah the same evening! R. Hisda replied: ... She performs the immersion but may eat terumah only until the fortieth day. For if she is not found pregnant she never was pregnant; and if she is found pregnant, the semen, until the fortieth day, is only a mere fluid.