In
Judaism
Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the ...
, views on
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
draw primarily upon the legal and ethical teachings of the
Hebrew Bible
The Hebrew Bible or Tanakh (;["Tanach"](_blank)
''Random House Webster's Unabridged Dictionary''. Hebrew: ''Tān ...
, the
Talmud
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cente ...
, the case-by-case decisions of
responsa
''Responsa'' (plural of Latin , 'answer') comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars i ...
, and other rabbinic literature. While all major
Jewish religious movements
Jewish religious movements, sometimes called "religious denomination, denominations", include different groups within Judaism which have developed among Jews from ancient times. Today, the most prominent divisions are between traditionalist Ortho ...
allow or encourage abortion in order to save the life or health of a pregnant woman, authorities differ on when and whether it is permitted in other cases.
Biblical sources
There is no direct reference in the
Hebrew Bible
The Hebrew Bible or Tanakh (;["Tanach"](_blank)
''Random House Webster's Unabridged Dictionary''. Hebrew: ''Tān ...
to an intentional termination of pregnancy.
refers to the
Ordeal of the bitter water
The ordeal of the bitter water was a trial by ordeal administered to the wife whose husband suspected her of adultery but who had no witnesses to make a formal case. The ordeal is expanded in the Talmud, in the seventh tractate of ''Nashim''.
Ac ...
, which has been interpreted by some biblical commentators as an ordeal that produces a miscarriage in an unfaithful wife, thus verifying or falsifying a charge of adultery.
refers to a birth or
miscarriage
Miscarriage, also known in medical terms as a spontaneous abortion and pregnancy loss, is the death of an embryo or fetus before it is able to survive independently. Miscarriage before 6 weeks of gestation is defined by ESHRE as biochemical lo ...
as a result of a violent altercation where a pregnant woman is injured, either intentionally or unintentionally, causing her to either give birth prematurely or to miscarry, and reads: "And if men strive together, and hurt a woman with child, so that her fruit depart (i.e., stillbirth), and yet no harm follow, he shall be surely fined whatever the woman's husband demands and the court allows. But if there is serious injury, you are to take life for life."
The ancient Jewish historian
Philo
Philo of Alexandria (; grc, Φίλων, Phílōn; he, יְדִידְיָה, Yəḏīḏyāh (Jedediah); ), also called Philo Judaeus, was a Hellenistic Jewish philosopher who lived in Alexandria, in the Roman province of Egypt.
Philo's deplo ...
taught that the term "harm" refers exclusively to the child, and whether a fine is imposed or capital punishment depends on whether the fetus has sufficiently formed.
[Jewish Virtual Library]
Abortion in Judaism
/ref> According to Rashi
Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a compre ...
and other Talmudic commentators, the term "harm" refers only to the mother, and traditionally, unless the mother was harmed too, only a fine was imposed for causing a miscarriage.
In mainstream rabbinic Judaism
Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the ...
, this verse is one of several key texts that substantiate the later rabbinic prohibition on most cases of abortion. However, others have argued that abortion is not considered murder and that "Jewish law does not consider a fetus to be alive." To support such a view, it is suggested that this verse shows "that the fetus is not a person. The primary concern is the well-being of the person who was injured." According to many rishonim
''Rishonim'' (; he, ; sing. he, , ''Rishon'', "the first ones") were the leading rabbis and ''poskim'' who lived approximately during the 11th to 15th centuries, in the era before the writing of the ''Shulchan Aruch'' ( he, , "Set Table", a ...
, this verse proves that the fetus does not have the status of a human life.[Rabbi Jeremy Wieder]
Clarifying Abortion In Halacha – And Reasons Not To Favor Overturning Roe V. Wade
/ref>
Rabbinic sources
Rabbinic law or halakhah
''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...
permits abortion in certain circumstances. Some authorities permitted abortion in cases of 'great need.' Most denominations interpret the pain and suffering (mental and medical/physical) of a pregnancy as sufficient:
"From Other authoritative Jewish texts further emphasize that the fetus does not have the status of personhood, describing it as “mere fluid” for the first 40 days after conception and part of the pregnant person’s body thereafter. This led some rabbinic authorities to rule that, as Rabbi Jacob Emden did in the 18th century, “there is reason to be lenient n permitting abortion only so as to save her from woe,” or as Rabbi Eliezer Waldenberg did in 1978, abortion is a valid choice when not terminating might cause “suffering and emotional pain.”"
Most Rabbinic interpretations even insist on abortion in order to the save the pregnant woman's life. The fetus is viewed as valuable, but as less than fully human. "The existing life takes precedence over the potential life." Judaism puts saving a life above almost any other consideration, and it is clear which is regarded as the living person in case of pregnancy.
Importance of saving a fetus
In halakha, just as the principle of pikuach nefesh
''Pikuach nefesh'' ( he, פקוח נפש, lit=watching over a soul) is the principle in Halakha (Jewish law) that the preservation of human life overrides virtually any other religious rule of Judaism. In the event that a person is in critical dang ...
allows violating nearly all laws in order to save a human life, many laws may be violated in order to save the life of a fetus. Shabbat
Shabbat (, , or ; he, שַׁבָּת, Šabbāṯ, , ) or the Sabbath (), also called Shabbos (, ) by Ashkenazim, is Judaism's day of rest on the seventh day of the week—i.e., Saturday. On this day, religious Jews remember the biblical storie ...
must be violated to save the life of a fetus.[Arakhin 7a] A pregnant woman who develops a ravenous hunger must be fed even on Yom Kippur
Yom Kippur (; he, יוֹם כִּפּוּר, , , ) is the holiest day in Judaism and Samaritanism. It occurs annually on the 10th of Tishrei, the first month of the Hebrew calendar. Primarily centered on atonement and repentance, the day's ...
to prevent loss of life; later authorities debate whether the situation describes involves danger to the fetus, mother, or both.
Fetus as less than fully human
Rabbinic Judaism does not regard the fetus as a full human being. While deliberately killing a day-old baby is murder, according to the Mishnah, a fetus is not covered by this rule. In the reading of Biblical homicide laws, rabbinic sages argue that homicide concerns an animate human being (''nefesh adam'' from Lev. 24:17) alone, not an embryo... because the embryo is not a person (''lav nefesh hu''). An embryo is not deemed a fully viable person (''bar kayyama''), but rather a being of "doubtful viability". Hence, for instance, Jewish mourning
Mourning is the expression of an experience that is the consequence of an event in life involving loss, causing grief, occurring as a result of someone's death, specifically someone who was loved although loss from death is not exclusively ...
rites do not apply to an unborn child. The status of the embryo is also indicated by its treatment as "an appendage of its mother" for such matters as ownership, maternal conversion and purity
Purity may refer to:
Books
* ''Pureza'' (novel), a 1937 Brazilian novel by José Lins do Rego
* ''Purity'' (novel), a 2015 novel by Jonathan Franzen
** ''Purity'' (TV series), a TV series based on the novel
*''Purity'', a 2012 novel by Jackson P ...
law. In even more evocative language, the Talmud states in a passage on priestly rules that the fetus "is considered to be mere water" until its 40th day. Elsewhere, the Talmud speaks of a "moment of determination" and a "moment of creation" in regard to different stages of the fetus. Rashi
Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a compre ...
explains that the moment of creation is when bones and arteries begin to form and in other places he says that the "moment of creation" is at the 40th day.
Modern scholars draw a sharp contrast between the theologies behind Jewish and Catholic opposition to abortion. After favorably reviewing Christian opposition to abortion, Immanuel Jakobovits
Immanuel Jakobovits, Baron Jakobovits (8 February 192131 October 1999) was the Chief Rabbi of the United Hebrew Congregations of the Commonwealth from 1967 to 1991. Prior to this, he had served as Chief Rabbi of Ireland and as rabbi of the Fi ...
writes: "In Jewish law, the right to destroy a human fruit before birth is entirely unrelated to theological considerations. Neither the question of the entry of the soul before birth nor the claim to salvation after death have any practical bearing on the subject." Although halakhic regulations works strenuously to protect the unborn child, he says that "none of these regulations necessarily prove that the foetus enjoys human inviolability." In contrast to the neo-Platonic and Christian approach, moreover, Talmudic thought does not "make any legal distinction between formed and unformed foetuses," after the 40th day. Feldman, likewise, is emphatically comparative, saying: "... while Christianity's position on abortion has raised the moral level of western civilization in this regard and has succeeded in sensitizing humanity to a greater reverence for life, it is obviously comprised, at the same time, of theological postulates which the Jewish community can not share." Feldman also points out that Talmudic debate over whether the soul achieves immortality upon conception, or at a far later stage, has little bearing on halakhic protections for the fetus because, absent a doctrine of original sin
Original sin is the Christian doctrine that holds that humans, through the fact of birth, inherit a tainted nature in need of regeneration and a proclivity to sinful conduct. The biblical basis for the belief is generally found in Genesis 3 (t ...
, "abortion would not interfere with the immortal rights or destiny of the foetus."
Precedence of the mother's life
The fetus however, though considered "alive" to the extent that its life is protected, is not considered fully alive to the extent that if it endangered the mother's life it takes precedence. Thus if a pregnancy risks the life of the mother, the Rabbis rule that the mother's life takes precedence and that the child may be aborted so as to save the mother's life: "If a woman is in hard travail, one cuts up the offspring in her womb and brings it forth member by member, because her life comes before the life of her foetus. But if the greater part has proceeded forth, one may not set aside one person for the sake of saving another." According to the text this can be done until the point of ''yatza rubo'' (יָצָא רֻבּוֹ), that "the majority f the fetushas exited". This is taken to refer to the emergence of the baby during childbirth.
According to Rashi
Shlomo Yitzchaki ( he, רבי שלמה יצחקי; la, Salomon Isaacides; french: Salomon de Troyes, 22 February 1040 – 13 July 1105), today generally known by the acronym Rashi (see below), was a medieval French rabbi and author of a compre ...
, the reason behind this law is that a fetus is not a viable soul (''lav nefesh hu'') until it is born, and killing it to save the woman is permitted. Maimonides
Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
, though, justified the law not because the fetus is less than a ''nefesh'' (human being), as the Talmud held, but rather through the principle of the rodef
A ''rodef'' ( he, רודף, "pursuer"; , '), in traditional Jewish law, is one who is "pursuing" another to murder him or her. According to Jewish law, such a person must be killed by any bystander after being warned to stop and refusing. A sourc ...
or pursuer, "pursuing her to kill her." Schiff argues that the Maimonidean view is "unprecedented" and "without doubt, this hitherto unexpressed insight had dramatic potential ramifications for the parameters of permissible abortion." Meir Abulafia :''Meir Abulafia is commonly known as "the Ramah" (Hebrew: רמ"ה). He should not be confused with Moses Isserles, known as "the Rema" or "the Rama" (Hebrew: רמ"א).''
Meir ben Todros HaLevi Abulafia ( ; c. 1170 – 1244), also known as the Rama ...
and Menachem Meiri
Menachem ben Solomon Meiri or Hameiri (1249–1315) was a famous Catalan rabbi, Talmudist and Maimonidean.
Biography
Menachem Meiri was born in 1249 in Perpignan, which then formed part of the Principality of Catalonia. He was the student of Rab ...
reaffirm Rashi's view.[Schiff p.60-61]
Noachide prohibition on abortion
says, "Whoever sheds the blood of man, by man shall his blood be shed... The Talmud understands this verse as alluding to a fetus ("Whoever sheds the blood of ''man within man'', his blood shall be shed") and thus prohibiting abortion to non-Jews.
According to Maimonides
Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
, a non-Jew who kills "even one unborn in the womb of its mother" is guilty of murder according to the Noahide Laws
In Judaism, the Seven Laws of Noah ( he, שבע מצוות בני נח, ''Sheva Mitzvot B'nei Noach''), otherwise referred to as the Noahide Laws or the Noachian Laws (from the Hebrew pronunciation of "Noah"), are a set of Universal morality, ...
, and is liable for the death penalty. The penalty of having his blood spilt, is interpreted by Maimonides
Musa ibn Maimon (1138–1204), commonly known as Maimonides (); la, Moses Maimonides and also referred to by the acronym Rambam ( he, רמב״ם), was a Sephardic Jewish philosopher who became one of the most prolific and influential Torah ...
as referring to a punishment by the hands of heaven, and not by the courts or man to man.
According to many authorities, this prohibition of murder does not apply throughout the pregnancy, but only (depending on the source) after the 8th, 13th, or 22nd to 23rd week of pregnancy.[
]Tosafot
The Tosafot, Tosafos or Tosfot ( he, תוספות) are medieval commentaries on the Talmud. They take the form of critical and explanatory glosses, printed, in almost all Talmud editions, on the outer margin and opposite Rashi's notes.
The auth ...
(11th-13th centuries) discusses the connection between the obligations of Jews and non-Jews. Follows the Talmudic principle that there is nothing that is prohibited to the Noahide that is permissible to Jews, Tosafot concluded abortion must in general be prohibited to Jews also, though the (theoretical) punishment for violations would apply only to gentiles. Conversely, Tosafot suggests that perhaps, since Jews are permitted therapeutic abortions for the sake of maternal life, Noahide law likewise allows non-Jews to undergo therapeutic abortion. Given this near parity, rabbinic law prohibits Jews from assisting gentiles with forbidden abortions, for which the gentiles would be culpable of bloodshed. Viewing Noahide law as a universalizing ethics, Sinclair states: "it is evident that the halakhah in the area of foeticide is shaped by a combination of legal doctrine and moral principle."
The Tosafot
The Tosafot, Tosafos or Tosfot ( he, תוספות) are medieval commentaries on the Talmud. They take the form of critical and explanatory glosses, printed, in almost all Talmud editions, on the outer margin and opposite Rashi's notes.
The auth ...
text that applies Noahide law to forbid abortion does not go unchallenged. Another commentary in Tosafot (Niddah 44b) appears to question whether foeticide is permitted; however, this is not the plain interpretation of that Tosafot.
Legal rulings
In the standard code of Jewish law, the Shulchan Aruch
The ''Shulchan Aruch'' ( he, שֻׁלְחָן עָרוּך , literally: "Set Table"), sometimes dubbed in English as the Code of Jewish Law, is the most widely consulted of the various legal codes in Judaism. It was authored in Safed (today in Is ...
, therapeutic abortion is permitted; Maimonides's language, speaking of the fetus as pursuer, is included verbatim. A key commentator, R. Joshua Falk
Joshua ben Alexander HaCohen Falk (1555 – 29 March 1614) was a Polish Halakhist and Talmudist, best known as the author of the ''Drisha'' and ''Prisha'' commentaries on the ''Arba'ah Turim'' as well as ''Sefer Me'irat Enayim'' (סמ"ע) on ...
, explains that abortion does not trade off one life for another life because the embryo is "not a person" prior to birth. An ordinary abortion is a violation of civil or monetary law, not criminal law, as emphasized by R. Ezekiel Landau
Yechezkel ben Yehuda HaLevi Landau (8 October 1713 – 29 April 1793) was an influential authority in halakha (Jewish law). He is best known for the work ''Noda Biyhudah'' (נודע ביהודה), by which title he is also known.
Biography
Land ...
among others.
Later authorities have differed as to how far one might go in defining the peril to the woman in order to justify abortion, and at what stage of gestation a fetus is considered as having a soul, at which point one life cannot take precedence over another.
In a key responsum, R. Yair Bacharach
Rabbi Yair Chayim Bacharach (1639, Lipník nad Bečvou, Moravia — 1702; also known by his work Chavos Yair) was a German rabbi and major 17th century posek, who lived first in Koblenz and then the remainder of his life in Worms and Mainz. H ...
is asked whether to approve an abortion for a woman with an illegitimate
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as ''b ...
embryo. R. Bachrach distinguishes early stage from later stage abortions. His reasoning is based on a Talmudic commentary to the effect that Sabbath laws may be violated for a fetus, but only for a later-stage embryo. Several authorities say that Jewish law is less strict for terminating embryos before 40 days. He also concludes that the embryo may be treated as a pursuer ''rodef'', as Maimonides as opined, though simultaneously he upholds Rashi's view of the reduced status of the fetus. Bachrach then offers a novel rationale for denying the requested abortion. He argues the abortion, like certain forms of contraception, frustrates the mitzvah
In its primary meaning, the Hebrew word (; he, מִצְוָה, ''mīṣvā'' , plural ''mīṣvōt'' ; "commandment") refers to a commandment commanded by God to be performed as a religious duty. Jewish law () in large part consists of discus ...
of reproduction and destroys the "seed" needed to be "fruitful and multiply."
Various Jewish scholars have expressed additional lenient stances on abortions under specific circumstances. These include contemporary scholar Eliezer Waldenberg
Eliezer Yehuda Waldenberg ( he, הרב אליעזר יהודה וולדנברג; December 10, 1915 – November 21, 2006) was a rabbi, posek, and dayan in Jerusalem. He is known as a leading authority on medicine and Jewish law and referred to as ...
, who argued in favor of abortions in cases of serious birth defect
A birth defect, also known as a congenital disorder, is an abnormal condition that is present at birth regardless of its cause. Birth defects may result in disabilities that may be physical, intellectual, or developmental. The disabilities can ...
s or extreme mental or psychological danger to the woman.
Orthodox Judaism
In general, Orthodox Judaism
Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses on M ...
opposes most abortion, but permits it when the pregnancy endangers the woman's life. Some authorities permit abortion in more circumstances. For example, Rabbi Waldenberg wrote that there is room for leniency if there is a danger to maternal health or severe pain, and permitted abortion of an abnormal fetus before quickening and within three months of conception.
Conservative Judaism
The Rabbinical Assembly
The Rabbinical Assembly (RA) is the international association of Conservative rabbis. The RA was founded in 1901 to shape the ideology, programs, and practices of the Conservative movement. It publishes prayerbooks and books of Jewish interest, an ...
Committee on Jewish Law and Standards has ruled that an abortion is justifiable if a continuation of pregnancy might cause the woman severe physical or psychological harm, or if the fetus is judged by competent medical opinion as severely defective; a fetus is a life in the process of development, and the decision to abort should never be taken lightly. The Conservative
Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
position thus follows those of the Acharonim
In Jewish law and history, ''Acharonim'' (; he, אחרונים ''Aḥaronim''; sing. , ''Aḥaron''; lit. "last ones") are the leading rabbis and poskim (Jewish legal decisors) living from roughly the 16th century to the present, and more specifi ...
who permit an abortion in case of acute potential emotional and psychological harm.
Before reaching her final decision, conservative Judaism holds that a woman should consult with the biological father, other members of her family, her physician, her Rabbi
A rabbi () is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi – known as ''semikha'' – following a course of study of Jewish history and texts such as the Talmud. The basic form of ...
, and any other person who can help her in assessing the legal and moral issues involved.
Reform Judaism
Reform Judaism permits abortion when the woman's life is at stake as well as when a pregnancy is "a result of rape or incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
, when genetic testing has determined that a child would be born with a disease that would cause death or severe disability and the parents believe that the impending birth will be an impossible situation for them" and for several other reasons.[URJ](_blank)
More generally, the "Reform perspective on abortion can be described as follows: Abortion is an extremely difficult choice faced by a woman. In all circumstances, it should be her decision whether or not to terminate a pregnancy, backed up by those whom she trusts (physician, therapist, partner, etc.). This decision should not be taken lightly (abortion should never be used for birth control purposes) and can have life-long ramifications. However, any decision should be left up to the woman within whose body the fetus is growing."
The Reform Movement has actively opposed legislation to restrict the right of women to choose to abort a fetus, especially in situations in which the health of the woman is endangered by continued pregnancy. This pro-abortion rights position has been linked by some Reform authorities to the value that Reform Judaism places upon autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ...
—the right of individuals to act as moral agents on their own behalf. In writing against a legal ban on so-called "partial birth abortion," Rabbi David Ellenson, president of the Reform Movement's Hebrew Union College
Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...
, has written, "This law as it has been enacted unquestionably diminishes the inviolable status and worth that ought to be granted women as moral agents created in the image of God."
Jews and abortion policies
With the emergence of modern Jewish identity
Identity may refer to:
* Identity document
* Identity (philosophy)
* Identity (social science)
* Identity (mathematics)
Arts and entertainment Film and television
* ''Identity'' (1987 film), an Iranian film
* ''Identity'' (2003 film), ...
in the late 18th century, Jewish views on abortion have bifurcated along movement lines, especially between Orthodox Judaism
Orthodox Judaism is the collective term for the traditionalist and theologically conservative branches of contemporary Judaism. Theologically, it is chiefly defined by regarding the Torah, both Written and Oral, as revealed by God to Moses on M ...
and its more liberal counterparts. By the 20th century, liberal-minded Jews were among those most active in the abortion-rights movements
Abortion-rights movements, also referred to as Pro-choice (term), pro-choice movements, advocate for the right to have Abortion law, legal access to induced abortion services including elective abortion. They seek to represent and support wome ...
. These reproductive rights
Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World Health Organization defines reproductive rights as follows:
Reproductive rights rest on t ...
activists included Betty Friedan
Betty Friedan ( February 4, 1921 – February 4, 2006) was an American feminist writer and activist. A leading figure in the women's movement in the United States, her 1963 book ''The Feminine Mystique'' is often credited with sparking the se ...
, Bernard Nathanson
Bernard N. Nathanson (July 31, 1926 – February 21, 2011) was an American medical doctor and co-founder, in 1969, of the National Association for the Repeal of Abortion Laws (NARAL), later renamed NARAL Pro-Choice America, National Abortion Rig ...
, and Gloria Steinem
Gloria Marie Steinem (; born March 25, 1934) is an American journalist and social-political activist who emerged as a nationally recognized leader of second-wave feminism
Second-wave feminism was a period of feminist activity that began in ...
(however, later in life Nathanson became an anti-abortion
Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in respons ...
activist and converted to Catholicism
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
). In the U.S., a few politically-conservative Republican Jews also have been pro-abortion rights. A few Jewish groups concentrate on abortion issues, both anti-abortion and pro-abortion rights.
In the United States, Conservative Judaism
Conservative Judaism, known as Masorti Judaism outside North America, is a Jewish religious movement which regards the authority of ''halakha'' (Jewish law) and traditions as coming primarily from its people and community through the generatio ...
, Reconstructionist Judaism
Reconstructionist Judaism is a Jewish movement that views Judaism as a progressively evolving civilization rather than a religion, based on concepts developed by Mordecai Kaplan (1881–1983). The movement originated as a semi-organized stream wi ...
and Reform Judaism
Reform Judaism, also known as Liberal Judaism or Progressive Judaism, is a major Jewish denomination that emphasizes the evolving nature of Judaism, the superiority of its ethical aspects to its ceremonial ones, and belief in a continuous searc ...
are usually aligned with the interfaith Religious Coalition for Reproductive Choice
The Religious Coalition for Reproductive Choice (RCRC) is an abortion rights organization founded in 1973 by clergy and lay leaders from mainline denominations and faith traditions to create an interfaith organization following ''Roe v. Wade'', t ...
. Orthodox organizations such as the Orthodox Union and Agudas Yisrael have occasionally partnered with pro-abortion rights organizations in order to ensure that abortions will be available to women whose lives are endangered by the fetus.
Polls of Jews in America report that 88% of American Jews are pro-abortion rights.
In Israel, abortion is allowed with the approval of a termination committee if the woman is unmarried, because of age (if the woman is under the age of 17 - the legal marriage age in Israel - or over the age 40), the pregnancy was conceived under illegal circumstances (rape, statutory rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
, etc.) or an incestuous relationship, birth defects
A birth defect, also known as a congenital disorder, is an abnormal condition that is present at birth regardless of its cause. Birth defects may result in disabilities that may be physical, intellectual, or developmental. The disabilities can ...
, risk of health to the mother, and life of the mother. Abortion in Israel had been illegal prior to 1977. It became legal subject to termination committee approval under the penal code of 1978. According to the Israel Central Bureau of Statistics report from 2004, in 2003 most abortion requests were granted, with 19,500 legal abortions performed and 200 requests for abortion denied. Reasons for termination went as follows: the woman was unmarried (42%), because of illegal circumstances (11%), health risks to the woman (about 20%), age of the woman (11%) and fetal birth defects (about 17%).
There is an abortion debate
The abortion debate is a longstanding, ongoing controversy that touches on the moral, legal, medical, and religious aspects of induced abortion. In English-speaking countries, the debate most visibly polarizes around adherents of the self-describ ...
in Israel. Orthodox Jewish organizations, including political parties, strongly oppose abortion because the Chief Rabbinate of Israel
The Chief Rabbinate of Israel ( he, הָרַבָּנוּת הָרָאשִׁית לְיִשְׂרָאֵל, ''Ha-Rabbanut Ha-Rashit Li-Yisra'el'') is recognized by law as the supreme Rabbinic Judaism, rabbinic authority for Judaism in Israel. The ...
follows an interpretation of Jewish law
''Halakha'' (; he, הֲלָכָה, ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws which is derived from the Torah, written and Oral Tora ...
that views abortion as a (lesser) degree of murder. Political parties that champion this view include Shas
Shas ( he, ש״ס) is a Haredi religious political party in Israel. Founded in 1984 under the leadership of Rabbi Ovadia Yosef, a former Israeli Sephardi chief rabbi, who remained its spiritual leader until his death in October 2013, it primarily ...
, a Sephardic
Sephardic (or Sephardi) Jews (, ; lad, Djudíos Sefardíes), also ''Sepharadim'' , Modern Hebrew: ''Sfaradim'', Tiberian Hebrew, Tiberian: Səp̄āraddîm, also , ''Ye'hude Sepharad'', lit. "The Jews of Spain", es, Judíos sefardíes (or ), ...
Haredi party; United Torah Judaism
United Torah Judaism ( he, יהדות התורה, ''Yahadut HaTora''), often referred to by its electoral symbol Gimel (), is a Haredi, religious conservative political alliance in Israel. The alliance, consisting of Agudat Yisrael and Degel HaT ...
, an Ashkenazi
Ashkenazi Jews ( ; he, יְהוּדֵי אַשְׁכְּנַז, translit=Yehudei Ashkenaz, ; yi, אַשכּנזישע ייִדן, Ashkenazishe Yidn), also known as Ashkenazic Jews or ''Ashkenazim'',, Ashkenazi Hebrew pronunciation: , singu ...
Haredi party; and HaBayit HaYehudi (Jewish Home
The Jewish Home ( he, הַבַּיִת הַיְהוּדִי, HaBayit HaYehudi) is an Orthodox Jewish and religious Zionist political party in Israel. It was originally formed by a merger of the National Religious Party, Moledet, and Tkuma in ...
), a Religious Zionist
Religious Zionism ( he, צִיּוֹנוּת דָּתִית, translit. ''Tziyonut Datit'') is an ideology that combines Zionism and Orthodox Judaism. Its adherents are also referred to as ''Dati Leumi'' ( "National Religious"), and in Israel, the ...
party. A study published in 2001 found that opposition to abortion among Israelis was correlated to strong religious beliefs - particularly Orthodox Jewish beliefs - below-average income, larger family size, and identification with right-wing politics
Right-wing politics describes the range of political ideologies that view certain social orders and hierarchies as inevitable, natural, normal, or desirable, typically supporting this position on the basis of natural law, economics, author ...
.[Remennick, Larissa I., & Hetsron, Amir. (2001)]
Public Attitudes toward Abortion in Israel: A Research Note
''Social Science Quarterly, 82 (2),'' 420–431. Retrieved February 12, 2007. The left-wing party Meretz
Meretz ( he, מֶרֶצ, ) is a left-wing political party in Israel. The party was formed in 1992 by the merger of Ratz, Mapam and Shinui, and was at its peak between 1992 and 1996 when it had 12 seats. It currently has no seats in the Knesset ...
argues in favor of legalized abortion for reasons of personal liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society fr ...
. In 2006, MK Zehava Gal-On of Meretz
Meretz ( he, מֶרֶצ, ) is a left-wing political party in Israel. The party was formed in 1992 by the merger of Ratz, Mapam and Shinui, and was at its peak between 1992 and 1996 when it had 12 seats. It currently has no seats in the Knesset ...
proposed a bill that would eliminate the termination committees, effectively decriminalizing
Decriminalization or decriminalisation is the reclassification in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform ...
unrestricted abortion. Gal-On argued that women with financial means can have abortions in private clinic
A clinic (or outpatient clinic or ambulatory care clinic) is a health facility that is primarily focused on the care of outpatients. Clinics can be privately operated or publicly managed and funded. They typically cover the primary care needs ...
s, bypassing the committee and therefore gaining rights based on their wealth. The bill was rejected by a wide margin.
See also
* Abortion in Israel
Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved . The rate of abortion in Israel has steadily declined since 1988, and compared to the rest of the world, abortion rates in I ...
References
Notes
Jewish sources
* Bleich, J. David. "Abortion in halakhic literature" in ''Contemporary halakhic problems''. KTAV, 1977
* Eisenberg, Daniel, M.D. "Stem Cell Research in Jewish Law" 2001. Published a
Jlaw.com
with note that "This article was reviewed for ''halachic'' accuracy by Rabbi Sholom Kaminetsky of the Talmudical Yeshiva of Philadelphia."
* Feldman, David. 1974. ''Marital Relations, Birth Control, and Abortion in Jewish Law''. New York: Schocken Books.
* Jakobovits, Immanuel. 1959. ''Jewish Medical Ethics''. New York: Bloch Publishing.
* Mackler, Aaron L., ed. 2000. ''Life & Death Responsibilities in Jewish Biomedical Ethics''. JTS.
* Meacham (leBeit Yoreh), Tirzah. 27 February 2009.
Abortion
, ''Jewish Women: A Comprehensive Historical Encyclopedia''. Jewish Women's Archive.
* Rosner, Fred. 1986. ''Modern Medicine and Jewish Ethics''. New York: Yeshiva University Press.
* Schiff, Daniel. ''Abortion in Judaism''. 2002. Cambridge University Press.
* Sinclair, Daniel. ''Jewish biomedical law.'' Oxford
* Steinberg, Avram. 1998. "Abortion and Miscarriage," ''Encyclopedia Hilchatit Refuit''. English edition ''Encyclopedia of Jewish Medical Ethics'' (translation by Fred Rosner) 2003. Jerusalem: Feldheim, pp. 1–29
online
source).
External links
The Fetus in Jewish Law
F. Rosner. In ''Biomedical Ethics and Jewish Law'', Ktav (2001). ;
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