Who makes the decision of a woman's choice to become a mother or to not become a mother?
A few weeks ago, we observed the festival known as Pesach.
Pesach/Passover has become known the world over as the holiday of redemption and freedom!
In recent weeks some states have challenged that FREEDOM they have decided that the decision of life is not with the mother & family but rather that this decision be made by lawmakers who wish to impose their beliefs on others. How does this happen?
Firstly, one has to take into account that these lawmakers are actually law breakers and have no regard for law of any kind especially not the Tora!
My aim in this article is not to speak of the obvious but to help open the eyes of my fellow Rabbis, students of Tora and supporters of all things Jewish and humane. I hope that the following will shed light on the Jewish outlook of this issue and gain the support of those effected by it so that we may be able to overturn yet another evil decree.
As a rabbi it is my duty to teach Jewish law to members of the Jewish faith, to students and to those who wish to learn about the Jewish faith.
With regard to the issue at hand one should know that Jewish law not only permits, but in some circumstances requires abortion. In cases where the mother's life is in jeopardy because of the unborn child, abortion is mandatory.
Why?
In Jewish law it is outlined and clearly understood that an unborn child has the status of "potential human life". It is absolutely true that a potential human life is valuable ask any expecting mother on a long awaited planned pregnancy in fact even in the eyes of Halacha a potential life may not be terminated casually. Yet, since the establishment of Tora and all of it's details a potential life does not hold the same value as a life that is already in existence.
Chazal makes no uncertainty about this: Our talmud states quite bluntly and very vividly actually the difference between a potential life and a existing one; stating that if the fetus threatens the life of the mother, you cut it up within her body and remove it limb by limb if necessary, because its life is not as valuable as hers. But once the greater part of the body has emerged meaning that the child is a living being you cannot take its life to save the mother's, because you cannot choose between one human life and another. Mishnah Oholot 7:6.
Furthermore Eliezer Melamed explains further that according to all of these opinions, since abortion does not constitute a form of murder – one of the most severe prohibitions – it is permissible to perform an abortion in very difficult circumstances, just as it is permissible to amputate a limb in order to preserve a patient’s overall health (Tzitz Eliezer 9:51:3:3).
What about Rambam? I have found that he describes a fetus that puts the mother's life at risk as a "rodef" (literally meaning, a pursuer) under the traditional Jewish law of self-defense, which allow you to kill a person who endangers your life, and even requires others to help you where they can do so safely. (Mishneh Torah, Murderer and the Preservation of Life 1:9)
From here we can see that the concept of rodef would apply even if the fetus were considered a human life, the passages above seems to make it clear that the fetus is not considered a human life until it is more than halfway born. What we know from Rambam's discussion of the concept of rodef in general indicates that lesser means should be used if a rodef can be stopped without killing, in the case of a fetus where the potential endangers the life of the mother, there are rarely lesser means that can prevent the harm.
In our modern day many poskim agree with the above sources and support them to some degree including the late Rav Moshe Feinstein Igrot Moshe, HM 2:69 to mention one.
Conclusion: It is the duty of Jews everywhere to study and learn it is also our duty and a mandate from the Tora "to seek justice and pursue it". We as people called to freedom and required to proclaim freedom cannot sit back and allow these attacks on our religious, mental and psychological freedom to go unheard.
A few weeks ago, we observed the festival known as Pesach.
Pesach/Passover has become known the world over as the holiday of redemption and freedom!
In recent weeks some states have challenged that FREEDOM they have decided that the decision of life is not with the mother & family but rather that this decision be made by lawmakers who wish to impose their beliefs on others. How does this happen?
Firstly, one has to take into account that these lawmakers are actually law breakers and have no regard for law of any kind especially not the Tora!
My aim in this article is not to speak of the obvious but to help open the eyes of my fellow Rabbis, students of Tora and supporters of all things Jewish and humane. I hope that the following will shed light on the Jewish outlook of this issue and gain the support of those effected by it so that we may be able to overturn yet another evil decree.
As a rabbi it is my duty to teach Jewish law to members of the Jewish faith, to students and to those who wish to learn about the Jewish faith.
With regard to the issue at hand one should know that Jewish law not only permits, but in some circumstances requires abortion. In cases where the mother's life is in jeopardy because of the unborn child, abortion is mandatory.
Why?
In Jewish law it is outlined and clearly understood that an unborn child has the status of "potential human life". It is absolutely true that a potential human life is valuable ask any expecting mother on a long awaited planned pregnancy in fact even in the eyes of Halacha a potential life may not be terminated casually. Yet, since the establishment of Tora and all of it's details a potential life does not hold the same value as a life that is already in existence.
Chazal makes no uncertainty about this: Our talmud states quite bluntly and very vividly actually the difference between a potential life and a existing one; stating that if the fetus threatens the life of the mother, you cut it up within her body and remove it limb by limb if necessary, because its life is not as valuable as hers. But once the greater part of the body has emerged meaning that the child is a living being you cannot take its life to save the mother's, because you cannot choose between one human life and another. Mishnah Oholot 7:6.
Furthermore Eliezer Melamed explains further that according to all of these opinions, since abortion does not constitute a form of murder – one of the most severe prohibitions – it is permissible to perform an abortion in very difficult circumstances, just as it is permissible to amputate a limb in order to preserve a patient’s overall health (Tzitz Eliezer 9:51:3:3).
What about Rambam? I have found that he describes a fetus that puts the mother's life at risk as a "rodef" (literally meaning, a pursuer) under the traditional Jewish law of self-defense, which allow you to kill a person who endangers your life, and even requires others to help you where they can do so safely. (Mishneh Torah, Murderer and the Preservation of Life 1:9)
From here we can see that the concept of rodef would apply even if the fetus were considered a human life, the passages above seems to make it clear that the fetus is not considered a human life until it is more than halfway born. What we know from Rambam's discussion of the concept of rodef in general indicates that lesser means should be used if a rodef can be stopped without killing, in the case of a fetus where the potential endangers the life of the mother, there are rarely lesser means that can prevent the harm.
In our modern day many poskim agree with the above sources and support them to some degree including the late Rav Moshe Feinstein Igrot Moshe, HM 2:69 to mention one.
Conclusion: It is the duty of Jews everywhere to study and learn it is also our duty and a mandate from the Tora "to seek justice and pursue it". We as people called to freedom and required to proclaim freedom cannot sit back and allow these attacks on our religious, mental and psychological freedom to go unheard.