The subject of abortion is not only topical but also extremely complicated through the eyes of Jewish law. As we will see, abortion is never taken lightly. Though most rabbis believe that abortion should be allowed (or even required) in some circumstances, they differ on which circumstances warrant an abortion.
ACCESS TO HEALTHCARE
Shulchan Arukh, Yoreh De'ah 336:1
(1) The Torah has granted the physician permission to heal, and it is a religious duty which comes under the rule of saving an endangered life. If he withholds [treatment] he is regarded as one who sheds blood; and even if there is someone else who can heal him; for not from every one does one merit to be healed.
(1) The Torah has granted the physician permission to heal, and it is a religious duty which comes under the rule of saving an endangered life. If he withholds [treatment] he is regarded as one who sheds blood; and even if there is someone else who can heal him; for not from every one does one merit to be healed.
Rabbi Hara Person "The Repeal of Roe vs. Wade is an attack on my Jewish Freedom", eJewishPhilanthropy. June 29, 2022
"Just as prohibition did not stop drinking, repealing Roe v. Wade will not end abortions. But it will harm our society’s most vulnerable populations. It will make reproductive care inaccessible to the people who need it most. It will silence the voices of those that go unheard in favor of those who speak the loudest. It will create a system in which the government and religious fundamentalists have more control over women’s health and bodies than the women themselves do."
"Just as prohibition did not stop drinking, repealing Roe v. Wade will not end abortions. But it will harm our society’s most vulnerable populations. It will make reproductive care inaccessible to the people who need it most. It will silence the voices of those that go unheard in favor of those who speak the loudest. It will create a system in which the government and religious fundamentalists have more control over women’s health and bodies than the women themselves do."
A FETUS IS NOT A HUMAN BEING
(כב) וְכִֽי־יִנָּצ֣וּ אֲנָשִׁ֗ים וְנָ֨גְפ֜וּ אִשָּׁ֤ה הָרָה֙ וְיָצְא֣וּ יְלָדֶ֔יהָ וְלֹ֥א יִהְיֶ֖ה אָס֑וֹן עָנ֣וֹשׁ יֵעָנֵ֗שׁ כַּֽאֲשֶׁ֨ר יָשִׁ֤ית עָלָיו֙ בַּ֣עַל הָֽאִשָּׁ֔ה וְנָתַ֖ן בִּפְלִלִֽים׃ (כג) וְאִם־אָס֖וֹן יִהְיֶ֑ה וְנָתַתָּ֥ה נֶ֖פֶשׁ תַּ֥חַת נָֽפֶשׁ׃ (כד) עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן יָ֚ד תַּ֣חַת יָ֔ד רֶ֖גֶל תַּ֥חַת רָֽגֶל׃ (כה) כְּוִיָּה֙ תַּ֣חַת כְּוִיָּ֔ה פֶּ֖צַע תַּ֣חַת פָּ֑צַע חַבּוּרָ֕ה תַּ֖חַת חַבּוּרָֽה׃ {ס}
(22) When [two or more] parties fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman’s husband may exact, the payment to be based on reckoning. (23) But if other damage ensues, the penalty shall be life for life, (24) eye for eye, tooth for tooth, hand for hand, foot for foot, (25) burn for burn, wound for wound, bruise for bruise.
(א) הַנּוֹגֵף אֶת הָאִשָּׁה וְיָצְאוּ יְלָדֶיהָ אַף עַל פִּי שֶׁלֹּא נִתְכַּוֵּן חַיָּב לְשַׁלֵּם דְּמֵי וְלָדוֹת לַבַּעַל וְנֵזֶק וְצַעַר לָאִשָּׁה:
(1) One who strikes a woman and causes her to miscarry, even though this wasn't his intent, he must pay the value of the fetus to the [woman's] husband, and damage and pain to the woman.
וְאִי מִיעַבְּרָא — עַד אַרְבָּעִים מַיָּא בְּעָלְמָא הִיא.
And if she is pregnant, until forty days from conception the fetus is merely water. It is not yet considered a living being.
קָסָבַר עוּבָּר יֶרֶךְ אִמּוֹ
A fetus is considered as its mother’s thigh, i.e., a part of its mother’s body
A FETUS IS SACRED
(ו) שֹׁפֵךְ֙ דַּ֣ם הָֽאָדָ֔ם בָּֽאָדָ֖ם דָּמ֣וֹ יִשָּׁפֵ֑ךְ כִּ֚י בְּצֶ֣לֶם אֱלֹהִ֔ים עָשָׂ֖ה אֶת־הָאָדָֽם׃
(6) Whoever sheds human blood,
By human [hands] shall that one’s blood be shed;
For in the image of God
Was humankind made.
By human [hands] shall that one’s blood be shed;
For in the image of God
Was humankind made.
Sanhedrin 57b
Sages said in the name of Rabbi Yishmael: A descendant of Noah is executed even for killing fetuses. The Gemara asks: What is the reason for the opinion of Rabbi Yishmael? The Gemara answers: It is derived from that which is written: “One who sheds the blood of a person, by a person [ba’adam] his blood shall be shed” (Genesis 9:6). The word ba’adam literally means: In a person, and is interpreted homiletically: What is a person that is in a person? You must say: This is a fetus that is in its mother’s womb. Accordingly, a descendant of Noah is liable for killing a fetus.
Sages said in the name of Rabbi Yishmael: A descendant of Noah is executed even for killing fetuses. The Gemara asks: What is the reason for the opinion of Rabbi Yishmael? The Gemara answers: It is derived from that which is written: “One who sheds the blood of a person, by a person [ba’adam] his blood shall be shed” (Genesis 9:6). The word ba’adam literally means: In a person, and is interpreted homiletically: What is a person that is in a person? You must say: This is a fetus that is in its mother’s womb. Accordingly, a descendant of Noah is liable for killing a fetus.
Sanhedrin 91b
From when is the soul placed in a person? Is it from the moment of conception or from the moment of the formation of the embryo, forty days after conception? Rabbi Yehuda HaNasi said to him: It is from the moment of the formation of the embryo. Antoninos said to him: That is inconceivable. Is it possible that a piece of meat could stand for even three days without salt as a preservative and would not rot? The embryo could not exist for forty days without a soul. Rather, the soul is placed in man from the moment of conception....
From when does the evil inclination dominate a person? Is it from the moment of the formation of the embryo or from the moment of emergence from the womb? Rabbi Yehuda HaNasi said to him: It is from the moment of the formation of the embryo. Antoninos said to him: If so, the evil inclination would cause the fetus to kick his mother’s innards and emerge from the womb. Rather, the evil inclination dominates a person from the moment of emergence from the womb.
From when is the soul placed in a person? Is it from the moment of conception or from the moment of the formation of the embryo, forty days after conception? Rabbi Yehuda HaNasi said to him: It is from the moment of the formation of the embryo. Antoninos said to him: That is inconceivable. Is it possible that a piece of meat could stand for even three days without salt as a preservative and would not rot? The embryo could not exist for forty days without a soul. Rather, the soul is placed in man from the moment of conception....
From when does the evil inclination dominate a person? Is it from the moment of the formation of the embryo or from the moment of emergence from the womb? Rabbi Yehuda HaNasi said to him: It is from the moment of the formation of the embryo. Antoninos said to him: If so, the evil inclination would cause the fetus to kick his mother’s innards and emerge from the womb. Rather, the evil inclination dominates a person from the moment of emergence from the womb.
WHEN THE PARENT'S LIFE IS IN DANGER
Maimonides, Hilkhot Rotzea U'Shemirat Nefesh 1 :9
This, too, is a [negative] commandment: Not to take pity on the life of a pursuer (rodeif) Therefore, the Sages ruled that when a woman has difficulty in giving birth, one may dismember the child in her womb, either with drugs or by surgery, because -it is like a pursuer seeking to kill her. Once its head has emerged, it may not be touched, for we do not set aside one life for another; this is the natural course of the world.
This, too, is a [negative] commandment: Not to take pity on the life of a pursuer (rodeif) Therefore, the Sages ruled that when a woman has difficulty in giving birth, one may dismember the child in her womb, either with drugs or by surgery, because -it is like a pursuer seeking to kill her. Once its head has emerged, it may not be touched, for we do not set aside one life for another; this is the natural course of the world.
(ו) הָאִשָּׁה שֶׁהִיא מַקְשָׁה לֵילֵד, מְחַתְּכִין אֶת הַוָּלָד בְּמֵעֶיהָ וּמוֹצִיאִין אוֹתוֹ אֵבָרִים אֵבָרִים, מִפְּנֵי שֶׁחַיֶּיהָ קוֹדְמִין לְחַיָּיו. יָצָא רֻבּוֹ, אֵין נוֹגְעִין בּוֹ, שֶׁאֵין דּוֹחִין נֶפֶשׁ מִפְּנֵי נָפֶשׁ:
(6) If a woman is having trouble giving birth, they cut up the child in her womb and brings it forth limb by limb, because her life comes before the life of [the child]. But if the greater part has come out, one may not touch it, for one may not set aside one person's life for that of another.
ABORTION IS NECESSARY IN A VARIETY OF CIRCUMSTANCES
Rashi on Sanhedrin 72b
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 air of the world, it is not [considered] 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.
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 air of the world, it is not [considered] 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.
Arakhin 7a:11-12
MISHNA: In the case of a pregnant woman who is taken by the court to be executed, the court does not wait to execute her until she gives birth. Rather, she is killed immediately. But with regard to a woman taken to be executed who sat on the travailing chair [hamashber] in the throes of labor, the court waits to execute her until she gives birth... GEMARA: Isn’t it obvious that the court executes the pregnant woman rather than waiting? After all, it is part of her body. The Gemara answers: It was necessary for the mishna to teach this, as it might enter your mind to say that since it is written: “And if men strive together, and hurt a woman with child, so that her offspring depart…he shall be fined, as the woman’s husband shall place upon him” (Exodus 21:22), the fetus is considered to be the property of the husband. If so, the court should wait until she gives birth before executing her, and not cause him to lose the fetus. Consequently, the mishna teaches us that the court does not take this factor into account.
MISHNA: In the case of a pregnant woman who is taken by the court to be executed, the court does not wait to execute her until she gives birth. Rather, she is killed immediately. But with regard to a woman taken to be executed who sat on the travailing chair [hamashber] in the throes of labor, the court waits to execute her until she gives birth... GEMARA: Isn’t it obvious that the court executes the pregnant woman rather than waiting? After all, it is part of her body. The Gemara answers: It was necessary for the mishna to teach this, as it might enter your mind to say that since it is written: “And if men strive together, and hurt a woman with child, so that her offspring depart…he shall be fined, as the woman’s husband shall place upon him” (Exodus 21:22), the fetus is considered to be the property of the husband. If so, the court should wait until she gives birth before executing her, and not cause him to lose the fetus. Consequently, the mishna teaches us that the court does not take this factor into account.
The rabbis argue that this text demonstrates that abortion should be allowed if carrying to term will cause the mother psychological harm. How do you think they come to this conclusion? Do you agree?
CONCLUSION
CCAR Responsa "When is Abortion Permitted," 1985
We agree with the traditional authorities that abortions should be approached cautiously throughout the life of the fetus. Most authorities would be least hesitant during the first forty days of the fetus’ life.... Even the strict Unterman permits non-Jews to perform abortions within the forty day periods.... From forty days until twenty-seven weeks, the fetus possesses some status, but its future remains doubtful... as we are not sure of its viability. We must, therefore, be more certain of our grounds for abortion, but would still permit it. It is clear from all of this that traditional authorities would be most lenient with abortions within the first forty days. After that time, there is a difference of opinion. Those who are within the broadest range of permissibility permit abortion at any time before birth, if there is a serious danger to the health of the mother or the child. We would be in agreement with that liberal stance. We do not encourage abortion, nor favor it for trivial reasons, or sanction it “on demand.”
We agree with the traditional authorities that abortions should be approached cautiously throughout the life of the fetus. Most authorities would be least hesitant during the first forty days of the fetus’ life.... Even the strict Unterman permits non-Jews to perform abortions within the forty day periods.... From forty days until twenty-seven weeks, the fetus possesses some status, but its future remains doubtful... as we are not sure of its viability. We must, therefore, be more certain of our grounds for abortion, but would still permit it. It is clear from all of this that traditional authorities would be most lenient with abortions within the first forty days. After that time, there is a difference of opinion. Those who are within the broadest range of permissibility permit abortion at any time before birth, if there is a serious danger to the health of the mother or the child. We would be in agreement with that liberal stance. We do not encourage abortion, nor favor it for trivial reasons, or sanction it “on demand.”
Rabbi Joshua R. S. Fixler and Rabbi Emily Langowitz, "Stricken from the Text: Sacred Stories of Reproductive Justice," The Social Justice Commentary, CCAR Press, 2021.
"Because Jewish law permits abortion under certain circumstances as a morally acceptable choice, or even in some cases as a halachic requirement, any law that limits a woman's rights to choose might limit a Jewish woman's ability to make a decision in accordance with her religious beliefs. When people of faith seek to adopt laws asserting when life begins, they endeavor to enshine their own religious understanding in law."
"Because Jewish law permits abortion under certain circumstances as a morally acceptable choice, or even in some cases as a halachic requirement, any law that limits a woman's rights to choose might limit a Jewish woman's ability to make a decision in accordance with her religious beliefs. When people of faith seek to adopt laws asserting when life begins, they endeavor to enshine their own religious understanding in law."