Gavin Howe
The question of abortion is a highly sensitive and charged topic in the political sphere. While Jewish law does not consider abortion on demand, it also does not share the belief that life begins at conception. In Jewish law, a fetus attains the status of a full person only at birth, and before 40 days of gestation, the fetus is considered mere water. Rabbinic Judaism does not regard the fetus as a full human being, and abortion is permitted if the mother's life is at risk. However, once the baby's head has emerged, termination is no longer allowed.
| Characteristics | Values |
|---|---|
| Status of fetus | Rabbinic Judaism does not regard the fetus as a full human being. |
| The fetus is considered "alive" but not fully alive. | |
| The fetus is considered an "appendage of its mother". | |
| The fetus is not a person prior to birth. | |
| The fetus is not considered to have attained the status of a full person until birth. | |
| The fetus is considered "mere water" before 40 days of gestation. | |
| Abortion in cases of risk to the mother | Permitted by standard Jewish law. |
| Considered mandatory by some. | |
| Not permitted once the baby's head has emerged (or, according to some authorities, once any limb has emerged). | |
| Abortion in other circumstances | Not permitted by Orthodox groups. |
| Permitted by Rabbi Eliezar Yehuda Waldenberg in the first trimester for a fetus with a deformity or a lethal defect. | |
| Permitted by Rabbi Shlomo Zalman Aurbach and Rabbi Yehoshua Neuwirth in cases of German measles. | |
| Abortion on demand | Not sanctioned by Jewish law without a pressing reason. |
| Not permitted by Orthodox groups. | |
| Abortion and mental health | Grounds for abortion if pregnancy causes woman to become suicidal. |
| Abortion and deformity | Forbidden by most major poskim (Rabbis qualified to decide matters of Jewish law). |
| Abortion and Israeli law | Nearly all requests for abortion are granted. |
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What You'll Learn
Abortion in cases of risk to the mother
In Jewish law, a fetus is not considered a full person until birth. The Mishnah declares that one who kills a one-day-old baby is criminally liable, but this does not apply to an unborn child. The fetus is regarded as an "appendage of its mother" and is dependent on her for its life. This view supports the idea that women should have autonomy over their bodies and can make decisions regarding their pregnancies.
In cases where a pregnancy poses a risk to the mother's life, Jewish law permits abortion. The standard code of Jewish law, the Shulchan Aruch, states that abortion is allowed if the pregnancy endangers the woman's life. This is based on the understanding that the fetus is "not a person" prior to birth, and therefore, saving the mother's life takes precedence. According to the Talmud, abortion is permitted before 40 days of gestation, as the fetus is considered "mere water" during this early stage.
Rabbis and rabbinic scholars have interpreted these laws to mean that abortion is not only permissible but mandatory when the mother's life is in danger. They argue that the fetus does not have the status of a human life until it is born, and thus, the mother's life must be prioritized. However, once the baby's head or a significant portion of its body has emerged, termination is no longer allowed, as it would be sacrificing one life for another.
In addition to physical risks, Jewish law also considers the mental health and well-being of the mother. Some rabbinic sources support abortion when a mother's mental health is at risk, even if her life is not in danger. In 1958, the movement's rabbinate determined that abortion was permissible for the sake of the mother's mental well-being if there was a strong medical opinion that the child would be born with physical or mental imperfections. This ruling was extended to cases of rape and incest in 1985, emphasizing opposition to abortion for "trivial reasons."
While there is consensus on allowing abortion to protect the mother's life, there is disagreement on the exact definition of "risk" and what constitutes a threat. Some rabbis have allowed abortions in other circumstances, such as severe abnormalities in the fetus or when the pregnancy is the result of a forbidden sexual union. However, these rulings are not universally accepted, and Orthodox rabbis generally take a cautious approach, preferring to judge each case individually.
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Abortion in cases of foetal abnormality
In Jewish law, a fetus is not considered a full person until birth. The Mishnah states that the head or a greater portion of the fetus must exit the birth canal for it to be considered a person. Before that, the fetus is regarded as an appendage of its mother and is considered not alive. This belief is also reflected in the Talmud, which states that prior to 40 days of gestation, the fetus is "mere water".
While abortion is generally prohibited in mainstream rabbinic Judaism, it is allowed in certain circumstances. Most Rabbinic interpretations insist on abortion to save the pregnant woman's life. The standard code of Jewish law, the Shulchan Aruch, permits abortion when the woman's life is at risk. This is further supported by the Talmud, which indicates that the ancient rabbis regarded a fetus as part of its mother throughout the pregnancy, fully dependent on her for its life.
However, the permissibility of abortion in cases of foetal abnormality is more complex and nuanced. Most poskim (Rabbis qualified to decide matters of Jewish law) forbid abortion in cases of abnormalities or deformities in a fetus. This is because Jewish law does not assign relative values to different lives and prioritizes the preservation of life. However, Rabbi Eliezar Yehuda Waldenberg is a notable exception. Rabbi Waldenberg allows first-trimester abortions for fetuses with deformities that would cause suffering, as well as terminations for lethal fetal defects like Tay-Sachs up to the seventh month of gestation. The rabbinic experts also discuss the permissibility of abortion for mothers with German measles and babies with prenatally confirmed Down syndrome.
While there is no consensus on the exact criteria for permitting abortion in cases of foetal abnormality, the Rabbinical Assembly Committee on Jewish Law and Standards has ruled that abortion is justifiable if the fetus is judged by competent medical opinion to be severely defective. Conservative Judaism holds that a woman should consult with the biological father, her family, physician, Rabbi, and other relevant individuals to assess the legal and moral issues involved before making a final decision.
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Abortion in cases of mental illness
Judaism takes a less stringent approach to abortion than many pro-life Christian denominations, providing explicit exceptions for threats to a mother's life and rabbinic support for terminating a pregnancy in other situations. However, there is a broad objection to abortion in cases without serious cause.
The degree of mental illness that must be present to justify termination of a pregnancy has been widely debated by rabbinic scholars without a clear consensus on the exact criteria. However, there is agreement that if a pregnancy were to cause a woman to become suicidal, there would be grounds for abortion. Rabbi Eliezer Melamed, for instance, allows abortion for people who develop a mental illness due to pregnancy, saying, "since emotional illness is generally considered a threat to life, she may abort her fetus to protect her life."
The Rabbinical Assembly Committee on Jewish Law and Standards has ruled that abortion is justifiable if continuing the pregnancy might cause the woman severe physical or psychological harm or if the fetus is judged by competent medical opinion to be severely defective. Before reaching a final decision, Conservative Judaism holds that a woman should consult the biological father, other family members, her physician, her Rabbi, and anyone else who can help her assess the legal and moral issues involved.
In 1958, the movement's rabbinate determined that abortion is permitted for the sake of the mother's mental well-being if there is a "strong preponderance of medical opinion that the child will be born imperfect physically, and even mentally." In 1985, the psychological justification was explicitly extended to cases of rape and incest, while emphasizing opposition to abortion for "trivial reasons" or "on demand."
While Jewish law does not consider a fetus to be a full person, rabbinic interpretations insist on abortion to save the pregnant woman's life. According to the Mishnah, a fetus is not a person (lav nefesh hu) and is not deemed a fully viable person (bar kayyama) but rather a being of "doubtful viability." The Talmud states that the fetus is "mere water" until its 40th day, and several authorities say that Jewish law is less strict for terminating embryos before 40 days.
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Abortion and Jewish mourning rites
The Jewish position on abortion is complex and multifaceted, drawing on various sources such as the Hebrew Bible, the Talmud, rabbinic literature, and responsa. While most major Jewish religious movements discourage abortion, there are explicit exceptions and rabbinic support for termination in certain situations.
Jewish Views on Abortion
In mainstream Rabbinic Judaism, several key texts, including the Tosafot text, substantiate the prohibition on most cases of abortion. However, it is important to note that abortion is not considered murder in Jewish law, and the fetus is not regarded as a full human being or a person before birth. The Mishnah and Talmudic sources indicate that a fetus attains the status of a full person only at birth or when a significant portion of the fetus, such as the head, exits the birth canal. This distinction is crucial in understanding the Jewish perspective on abortion and mourning rites.
Jewish mourning rites are not typically applied to an unborn child or fetus. This is because, according to Jewish law, a fetus is not considered a full person with equal protections as a born human being. Rabbinic Judaism considers the fetus as "an appendage of its mother," and its life is protected only to the extent that it does not endanger the mother's life. If a pregnancy poses a risk to the mother's life, Jewish law prioritizes the mother's life, and abortion is permitted, and in some interpretations, mandatory. This perspective is reflected in the Talmudic commentary that distinguishes between early and late-stage abortions, with more leniency for terminating embryos before 40 days.
While there is broad objection to abortion without serious cause, the degree of mental illness or risk to the mother's life that justifies termination is debated among rabbinic scholars. Some authorities, like Rabbi Eliezar Yehuda Waldenberg, allow for first-trimester abortions in cases of severe deformities or lethal fetal defects. Additionally, in Israel, women seeking to terminate a pregnancy must appear before a committee, but nearly all requests are granted, reflecting a practical interpretation of Jewish law.
In summary, while abortion is a complex and nuanced issue in Judaism, the application of Jewish mourning rites to an unborn child is generally not observed. The fetus is not considered a full person in Jewish law, and the protection of the mother's life takes precedence in cases of medical necessity. The interpretation of Jewish law allows for abortion in specific circumstances, and the decision-making process involves considering the physical and mental well-being of the mother.
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Abortion and Israeli law
Abortion in Israel is permitted when approved by a termination committee, and nearly all requests are granted. There are 38 such committees operating in public or private hospitals across Israel, each consisting of three members: two licensed physicians, one of whom must be a specialist in obstetrics and gynaecology, and the other in obstetrics and gynaecology, internal medicine, psychiatry, family medicine, or public health; and one social worker, with at least one member being a woman. Six separate committees consider abortion requests when the fetus is beyond 24 weeks old.
Abortion requests are typically granted for the following reasons: the woman is unmarried, the pregnancy poses a risk to the woman's health, the woman's age, and foetal birth defects. In 2003, 19,500 legal abortions were performed, with 200 requests denied. In 2014, abortions were paid for entirely by the state for women aged 20 to 33, and subsidised for those outside that age range.
While abortion is nearly always permitted in Israel, it is not considered "abortion on demand". Nearly all abortions are carried out in the first trimester, and the procedure must be performed by a licensed gynaecologist in a recognised medical facility that is a publicly recognised provider of abortions.
In Jewish law, a foetus is not considered a full person until birth. Thus, abortion is permitted in cases where the mother's life is at risk, and some consider this not merely permissible, but mandatory. However, once the baby's head has emerged, termination is no longer allowed. Orthodox Jewish organisations, including political parties, strongly oppose abortion, as most interpretations of Jewish law view abortion as prohibited except for saving the mother's life or health.
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Frequently asked questions
The answer depends on the specific case and should be decided by qualified rabbis and medical professionals. Abortion is not allowed on demand without a pressing reason, but it is permitted when the mother's life is at risk.
The Talmud indicates that prior to 40 days of gestation, the fetus has a limited legal status, with one source asserting that before 40 days, the fetus is "mere water". Rabbinic Judaism does not regard the fetus as a full human being, and it is treated as "an appendage of its mother".
Feticide is prohibited by Jewish law, but there is disagreement over the exact source of this prohibition and how serious an infraction it is. Some consider it biblical in origin, based on a verse in Genesis that prohibits shedding "the blood of man within man".
Abortion is allowed by Jewish law when the mother's life is endangered by the pregnancy. Some consider abortion in such cases not merely permissible, but mandatory. Abortion may also be allowed in cases of great need, and in cases of severe mental illness or risk of suicide.
Orthodox Jewish organizations do not support broad legal protections for abortion. For example, two major Orthodox groups opposed a 2019 New York law liberalizing the state's abortion laws. However, they also do not support absolute bans on abortion, especially in life-saving situations.
