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Repro Shabbat 2023
(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.
Let's read what The Social Justice Torah Commentary has to say about this...
Yevamot 69b
And if she is pregnant, until forty days from conception the fetus is merely water. It is not yet considered a living being.
Gittin 23b
What is the reason for Rabbi Yehuda HaNasi’s position [in the above conversation]? He holds that a fetus is considered as its mother’s thigh [that is, as part of the pregnant person’s body].
Mishnah Oholot 7:6
If a woman is having trouble giving birth, they cut up the fetus in her womb and bring it forth limb by limb, because her life comes before the life of [the fetus]. But if the greater part [of the fetus/baby] has come out [of the person giving birth], one may not touch it, for one may not set aside one person’s life for that of another.
Rabbi Jacob Emden, a leading German Orthodox rabbi, 1750
The questioner asks about an adulterous married woman [who is pregnant, and this] is a good question. It appears to me [appropriate] to permit her [to abort]...And even in the case of a legitimate fetus there is reason to be lenient if there is a great need, as long as the fetus has not begun to emerge; even if the mother’s life is not in jeopardy, but only so as to save her from woe associated with it that would cause her great pain...
Rabbi Aharon Lichtenstein, an influential French/American/Israeli Orthodox rabbi, writing in 1991
Here it is clear that saving a life is not the only sanction for permitting an abortion. It would seem to me that issues such as kavod ha'briyot (dignity of persons), shalom ha'bayit (domestic peace) and tza’ar (pain), which all carry significant [Jewish legal] weight in other contexts, should be considered in making these decisions.
Rabbi Becky Silverstein, co-founder of the Trans Halakha Project, 2022
The discussion of who is permitted to eat on Yom Kippur, the Jewish Day of Atonement, has much relevant wisdom to offer. Most Jewish people observe Yom Kippur by incorporating prayer into a set of rituals that includes a 25-hour fast. But what happens if someone is ill and cannot fast on Yom Kippur? The Talmud invokes a verse from the biblical Book of Proverbs, “Lev yodea marat nafsho,” or “The heart knows the bitterness of its soul,” to teach that the sick person is actually the expert who should make this decision. The text of the Talmud even says that nobody can possess more expertise on such a question than the sick person themself.... In this way, Judaism’s principle of “Lev The Torah of Reproductive Freedom yodea marat nafsho” authorizes as experts both pregnant people who want to end a pregnancy and trans people seeking gender-affirming care or the right to live as their true selves. It demands that we honor the self-knowledge of those individuals.
How might you describe the Jewish approach to abortion, based on these sources?
What’s one thing you’re taking away from this conversation?