Bioethics III ~ Abortion

(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.

Mishnah: If a woman is about to be executed, one does not wait for her until she gives birth. But if she had already sat on the birthstool, one waits for her until she gives birth. If a woman has been put to death one may use her hair; if an animal has been put to death it is forbidden to make any use of it.

Gemara: But that is self-evident, for it is her body! It is necessary to teach it, for one might have assumed since Scripture says: According as the woman's husband shall lay upon him, that it (the unborn child) is the husband's property, of which he should not be deprived, therefore we are informed (that it is not so).

Rabbi Yirmeya raised yet another dilemma: Does a dead fetus in its dead mother’s womb form a mixture with regard to her, so that the bodies are considered like two corpses buried together, or not? The Gemara explains the two sides of the dilemma: Do we say that since the Master said that a fetus is considered as the thigh of its mother, it is therefore like her body and it does not form a mixture with it? Or perhaps one should maintain: Since in most cases a fetus will ultimately emerge from the womb at birth, it is already considered separated from her, and it is like any other corpse buried with the woman.

He who kills his sons. It is told about and embryo that was killed in its mother's womb that is as destructing the building of Hashem and his Omanut (art, creation or faith)

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

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 Hashem 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 fear of G-d, as it is said, And now, Israel, what doth does Hashem require of thee, but to fear etc.

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 His 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 man 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 unto me: 'Let thy heart hold fast my words, keep my commandments and live', and it is also said, When the converse of G-d was 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 converse of God was 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 coucheth at the door. It does not emerge from there before it is made to take an oath, as it is said, That unto Me every knee shall bow, every tongue shall swear; 'That unto Me every knee shall bow' refers to the day of dying of which it is said All they that go down to the dust shall kneel before Him; 'Every tongue shall swear' refers to the day of birth of which it is said, He that hath clean hands, and a pure heart, who hath not taken My name in vain, and hath not sworn deceitfully. What is the nature of the oath that it is made to take? Be righteous, and be never wicked; and even if all the world tells you, You are righteous', consider yourself wicked. Always bear in mind that the Holy One, blessed be He, is pure, that his ministers are pure and that the soul which He gave you is pure; if you preserve it in purity, well and good, but if not, I will take it away from you.

its head came out: With a women that is experiencing difficulty giving birth and is in [mortal] danger. And it is taught in the first section [of this teaching], "the midwife extends her hand and cuts it up and extracts [the pieces];" as the entire time that that it has not gone out into the environment of the world, it is not a soul, and [so] it is possible to kill it and to save its mother. But when its head came out, we cannot touch it to kill it, as it is like a born [baby]; and we do not push off one soul for the sake of another.

(3) A baby girl one day old can become impure as a niddah. At ten days old she can become impure as a zavah A baby boy one day old.... can become impure as a zav, or impure by having nega'im, or impure through [contact with] the impurity of a corpse; and he creates a bond for yibum [the obligation to perform Levirate marriage]; and he can exempt one from requiring yibum and he can feed terumah and he can render terumah to be forbidden and he can inherit or cause others to inherit and one who kills him is liable [for murder]; and he is thereby fully a family member to his father and to his mother and for all his relatives.

Our Rabbis taught: There are three partners in a person - the Holy One, the father and the mother. The father inseminates with the white, from which comes the bones, the sinews, the nails, the brain, and seven whites. The mother produces the red, from which comes the skin, the flesh, the hair, and seven blacks. The Holy One places in him spirit and soul, facial expression, eyesight, hearing, speech, ability to walk, intuition and logic. When the person's time comes to exempt from the world, the Holy One takes His part, and the father's and mother's parts lie before them.

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.

(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.

(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.

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.