The Personhood Of Babies In Jewish Law

In Jewish law, an unborn fetus is not considered a person until it has been born. The fetus is regarded as part of the mother's body and not a separate being until it begins to leave the womb during childbirth. Until 40 days after conception, the fertilized egg is considered mere fluid. However, the soul is believed to exist before birth, and a baby becomes a person when it is more than halfway emerged from the mother's body.

Abortion is not murder in Jewish law

Jewish law, or Halakha, is derived from the Torah (the first five books of the Scripture), the Talmud (commentaries and interpretative studies of the Torah), and Responsa (written replies to questions on Jewish law). It does not consider abortion as murder and does not recognise a foetus as a person until it has been born.

The Torah, Talmud, and Responsa all support the view that a foetus is not a person. The Torah, for instance, does not make any direct references to abortion or the beginning of human life, except in the case of a miscarriage. Exodus 21:22-23 states:

> "And if men strive together, and hurt a woman with a child, so that her fruit depart (if she miscarries), and yet no harm follow, he shall be surely fined, according as the woman's husband shall lay upon him; and he shall pay as the judges determine. But if any harm follow, then shalt thou give life for life..."

This passage has been interpreted to mean that if the woman survives a miscarriage, the attacker is liable only to pay compensation for the loss of her unborn child. If the woman dies, however, the attacker must be put to death. This interpretation suggests that the killing of an unborn child is not considered murder in Jewish law, as murder is punishable by death according to Exodus 21:12:

> "He that smiteth a man, so that he dieth, shall surely be put to death."

The word "man" in this passage is interpreted by the sages to mean a man but not a foetus.

The Talmud also states that a foetus is considered "mere water" until its 40th day, after which it is considered subhuman until it is born. The Mishnah, a part of the Talmud, asserts that:

> "If a woman is having difficulty in giving birth [and her life is in danger], one cuts up the fetus within her womb and extracts it limb by limb, because her life takes precedence over that of the fetus. But if the greater part was already born, one may not touch it, for one may not set aside one person's life for that of another."

This passage indicates that the Talmud considers the foetus to be part of the mother's body and not a separate being until it is born.

While most major Jewish religious movements discourage abortion, except to save the life of a pregnant woman, authorities differ on when and whether it is permitted in other cases. Some rabbinical authorities have approved abortions in the early stages of gestation, within the first 40 days, when the foetus is considered "mere water". After this point, the foetus is considered valuable but not yet human, and abortion is permitted only if there is a direct threat to the mother's life. In such cases, the baby is considered a rodef, or pursuer, and its life is subordinate to the mother's because the baby is the cause of the mother's life-threatening condition.

In summary, abortion is not considered murder in Jewish law because a foetus is not recognised as a person until it has been born. Abortion is generally permitted only if there is a direct threat to the mother's life, and even then, only until the baby's head or most of its body has been delivered. At that point, the baby's life is considered equal to the mother's, and neither life can be chosen over the other.

A baby is not a person until it has been born

In Jewish law, a baby is not considered a person (nefesh, or "soul" in Hebrew) until it has been born. The fetus is regarded as a part of the mother's body and not a separate being until it begins to leave the womb during childbirth. In fact, until 40 days after conception, the fertilized egg is considered "mere fluid".

The Talmud gives the full status of humanness to a child at birth, but the rabbinical writings have extended the acquisition of humanness to the 13th postnatal day of life for full-term infants. This is based on the viability of the infant; for premature infants, the acquisition of humanness occurs later because their viability is still questionable after 13 days.

The Bible does not make any direct references to when human life begins. However, the conclusion that human life begins at birth can be drawn from the Torah's position on abortion. Exodus 21:22-23 states:

> When men fight and one of them pushes a pregnant woman and a miscarriage results, but no other misfortune ensues, the one responsible shall be fined as the woman’s husband may exact from him, the payment to be based on judges’ reckoning. But if other misfortune ensues, the penalty shall be life for life.

The biblical commentator Rashi interprets "no other misfortune" to mean no fatal injury to the woman following her miscarriage. In this case, the attacker pays only financial compensation for having unintentionally caused the miscarriage, no differently than if he had accidentally injured another part of her body. Most other Jewish Bible commentators agree with this interpretation. Therefore, when the mother is otherwise unharmed following trauma to her abdomen during which the fetus is lost, the only rabbinic concern is to have the one responsible pay damages to the woman and her husband for the loss of the fetus. None of the rabbis raise the possibility of involuntary manslaughter being involved because the unborn fetus is not legally a person. Thus, there is no question of murder involved when a fetus is aborted.

Murder in Jewish law is based upon Exodus 21:12, which states: "He that smiteth a man so that he dieth shall surely be put to death." The word "man" is interpreted by the sages to mean a man but not a fetus. Thus, the destruction of an unborn fetus is not considered murder.

Another pertinent scriptural passage is Leviticus 24:17, which states: "And he that smiteth any person mortally shall surely be put to death." However, an unborn fetus is not considered a person (nefesh) and, therefore, its destruction does not incur the death penalty.

The Mishnah asserts that if a woman is having difficulty giving birth and her life is in danger, one may cut up the fetus within her womb and extract it limb by limb, because her life takes precedence over that of the fetus. But if the greater part was already born, one may not touch it, for one may not set aside one person's life for that of another.

The fetus has great value because it is potentially a human life. It gains "full human status at birth only".

A baby is considered part of the mother's body until it egresses from the womb

In Jewish law, a baby is not considered a person (nefesh, or "soul" in Hebrew) until it has been born and is, therefore, regarded as a part of the mother's body until it egresses from the womb. The basis for this belief is the Torah's position on abortion, which states that the killing of an unborn child is not considered murder. This is because the unborn child is not considered to have a soul until it is born.

The Babylonian Talmud Yevamot 69b states that:

> "The embryo is considered to be mere water until the fortieth day. Afterwards, it is considered subhuman until it is born."

This interpretation is supported by the biblical story of Adam and Eve, where God breathes the breath of life into Adam, and he becomes a living nefesh. This implies that life begins when God breathes breath into a body, which happens at birth.

The Talmud also explains that the embryo is part of the mother's body and has no identity of its own, as it is dependent on the mother's body for life. However, as soon as it starts to move from the womb, it is considered an autonomous being and is, therefore, unaffected by the mother's state.

The belief that a baby is part of the mother's body until it is born also has implications for abortion in Jewish law. If a woman's life is endangered during childbirth, it is permissible to cut up the fetus within her womb and extract it limb by limb, as the life of the mother takes precedence over that of the fetus. However, if the greater part of the fetus has been born, it may not be touched, as one may not take one person's life for that of another.

Additionally, in the case of multiple pregnancies, where the life of the mother is endangered, most rabbis permit and even mandate abortion to save the mother's life. This is because the fetus is considered a rodef, or aggressor, and can be killed to protect the individual in danger.

Overall, the belief that a baby is part of the mother's body until it egresses from the womb has significant implications for Jewish law and abortion, with the life of the mother always taking precedence.

A baby is considered a living being once its head has emerged

Jewish law, or Halakha, is comprised of both written and oral traditions. The written law, or Torah, is comprised of the first five books of the Scripture, while the oral law is comprised of the Mishnah, the Talmud, Post-Talmudic Codes, and Responsa Literature.

According to Jewish law, a baby is considered a living being once its head has emerged. This belief is based on the interpretation of various scriptural passages. For example, Exodus 21:22-23 states:

> "When men fight and one of them pushes a pregnant woman and a miscarriage results, but no other misfortune ensues, the one responsible shall be fined as the woman’s husband may exact from him, the payment to be based on judges’ reckoning. But if other misfortune ensues, the penalty shall be life for life."

The medieval biblical commentator, Rashi, interprets this passage to mean that if the woman is unharmed after the miscarriage, the attacker is only liable to pay financial compensation for the loss of the fetus. This interpretation is shared by most other Jewish Bible commentators.

Additionally, the Talmud, a collection of rabbinical writings, states that:

> "If a woman is having difficulty in giving birth [and her life is in danger], one cuts up the fetus within her womb and extracts it limb by limb, because her life takes precedence over that of the fetus. But if the greater part [or the head] was born, one may not touch it, for one may not set aside one person’s life for that of another."

This passage indicates that the fetus is not considered a person until it has been born and emerged from the womb. The head of the fetus is specifically mentioned as a marker of personhood, after which the fetus cannot be harmed to save the mother's life.

The concept of personhood in Jewish law is also influenced by the idea of the soul. The Hebrew word "nefesh" is often translated as "soul" or "living being." According to the Talmud, the embryo is part of the mother's body and does not have its own identity until it begins to move from the womb. At this point, it is considered an autonomous being with a soul.

While the exact moment of personhood is debated in Jewish law, the consensus is that a baby is considered a living being once its head has emerged from the birth canal.

A baby is considered a person once it is more than halfway emerged from the mother's body

Jewish law, or Halakha, is comprised of both written and oral tradition. The written law originates from the Torah, the first five books of Scripture, which are considered to be an expression of God's revelation. The oral laws interpret, expand, and elucidate the written Torah, providing new rules and customs.

According to Jewish law, a baby is considered a person once it is more than halfway emerged from the mother's body. This belief has significant implications for the Jewish perspective on abortion. While the intentional abortion is not directly mentioned in the Bible, a case of accidental abortion is discussed in Exodus 21:22-23. The passage states that if a pregnant woman is hurt and has a miscarriage, but suffers no other harm, the person responsible is fined. However, if the woman is fatally injured, then the attacker is guilty of murder and must be put to death.

The interpretation of this passage is crucial. The rabbis and Jewish Bible commentators conclude that the concern is for the life of the mother, and the loss of the fetus is treated as an injury to the woman. Since the unborn fetus is not legally a person, there is no question of murder involved when a fetus is aborted. This interpretation is further supported by the definition of murder in Exodus 21:12, which states, "He that smiteth a man so that he dieth shall surely be put to death." The word "man" is interpreted to mean a man but not a fetus, indicating that the destruction of an unborn fetus is not considered murder.

The Talmud, the collection of rabbinical interpretations and commentaries on the Torah, also provides insight into the status of the fetus. The Mishnah, an early textbook that is part of the oral law, states that if a woman is having difficulty giving birth and her life is in danger, the fetus within her womb can be cut up and extracted limb by limb. However, if the greater part of the fetus has been born, it may not be touched, as one cannot set aside one person's life for that of another. This distinction underscores the belief that the fetus becomes a person when most of its body has emerged from the birth canal.

The rabbinical writings, known as Responsa, further elaborate on this topic. They assert that the fetus is regarded as a part of the mother's body and not as a separate being until it begins to egress from the womb during childbirth. This belief is based on the idea that the embryo is dependent on the mother's body for its life. However, as soon as the fetus starts to move from the womb, it is considered an autonomous being with a soul (nefesh) and is, therefore, unaffected by the mother's state.

The status of the fetus as a non-person until birth has important consequences in Jewish law. For example, in the context of childbirth, labor and delivery are considered life-endangering states, and it is permissible to desecrate the Shabbat to ensure a healthy birthing process. Additionally, in the case of abortion, the rabbis and commentators focus on the well-being of the mother, and abortion is permitted if her life is in danger.

In summary, Jewish law considers a baby a person once it is more than halfway emerged from the mother's body. This belief has shaped the Jewish perspective on abortion, childbirth practices, and the status of the fetus within the framework of Halakha.

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