Old page wikitext, before the edit (old_wikitext ) | '{{Short description|Aspect of religion}}
In [[Judaism]], views on [[abortion]] draw primarily upon the legal and ethical teachings of the [[Hebrew Bible]], the [[Talmud]], the case-by-case decisions of [[responsa]], and other rabbinic literature. While all major [[Jewish religious movements]] 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==
{{See also|Christianity and abortion#Biblical passages}}
There is no direct reference in the [[Hebrew Bible]] to an intentional termination of pregnancy.
{{bibleverse||Numbers|5:11-31|HE}} refers to the [[Ordeal of the bitter water]], 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.
{{bible verse||Exodus|21:22-23|HE}} refers to a birth or [[miscarriage]] 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]] 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.<ref name="jewishvirtuallibrary.org">Jewish Virtual Library, [https://www.jewishvirtuallibrary.org/jsource/Judaism/abortion.html Abortion in Judaism]</ref> According to [[Rashi]] 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.<ref name="jewishvirtuallibrary.org"/>
In mainstream rabbinic [[Judaism]], 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."<ref>{{Cite web|last=National Council of Jewish Women|title=Judaism and Abortion|url=https://www.ncjw.org/wp-content/uploads/2019/05/Judaism-and-Abortion-FINAL.pdf|website=[[National Council of Jewish Women]]}}</ref> According to many [[rishonim]], this verse proves that the fetus does not have the status of a human life.<ref name=wieder>Rabbi [[Jeremy Wieder]], [https://www.jewishpress.com/indepth/opinions/clarifying-abortion-in-halacha-and-reasons-not-to-favor-overturning-roe-v-wade/2022/06/02/ Clarifying Abortion In Halacha – And Reasons Not To Favor Overturning Roe V. Wade]</ref>
==Rabbinic sources==
Rabbinic law or [[halakhah]] permits abortion in certain circumstances. Some authorities permitted abortion in cases of 'great need.'<ref>{{cite journal |last1=Lichtenstein |first1=Aharon |title=Abortion: A Halakhic Perspective |journal=Tradition |date=Summer 1991 |volume=25 |issue=4 |pages=3–12 |pmid=11656098 |url=https://traditiononline.org/abortion-a-halakhic-perspective/ |access-date=26 June 2022}}</ref> 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 [[Jacob Emden|Rabbi Jacob Emden]] did in the 18th century, “there is reason to be lenient [in permitting abortion]… only so as to save her from woe,” or as [[Eliezer Waldenberg|Rabbi Eliezer Waldenberg]] did in 1978, abortion is a valid choice when not terminating might cause “suffering and emotional pain.”"<ref>{{cite web |last1=Ruttenberg |first1=Danya |title=Rabbi |url=https://www.ncjw.org/news/the-jewish-case-for-abortion-rights/ |website=National Council for Jewish Women |access-date=19 February 2021}}</ref>
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."<ref>{{cite news |last1=Schnell |first1=Lindsay |title=Jews, outraged by restrictive abortion laws, are invoking the Hebrew Bible in the debate |url=https://www.usatoday.com/story/news/nation/2019/07/24/abortion-laws-jewish-faith-teaches-life-does-not-start-conception/1808776001/ |access-date=19 February 2021 |agency=USA Today |date=July 24, 2019}}</ref> 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]] 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]] must be violated to save the life of a fetus.<ref name=a7>Arakhin 7a</ref> A pregnant woman who develops a ravenous hunger must be fed even on [[Yom Kippur]] to prevent loss of life;<ref>Yoma 82a</ref> 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.<ref>Schiff p.27 on mNiddah 5:3</ref> 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'').<ref>For rabbinic sources, see Feldman 254f. notes 17-19</ref> An embryo is not deemed a fully viable person (''bar kayyama''), but rather a being of "doubtful viability".<ref>Niddah 44b</ref> Hence, for instance, Jewish [[mourning]] 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"<ref>''ubar yerekh imo'', Hullin 58a</ref> for such matters as ownership, maternal conversion and [[Virtue|purity]] law.<ref>Feldman 253f. who also cites Y.K. Miklishanski in "Mishpat ha-Ubar" in ''Jubilee Volume in Honor of Simon Federbush, Jerusalem 1961, pp. 251–260. Similarly, the death penalty is carried out on a pregnant woman even though the innocent fetus will be killed, on the basis that the fetus is an appendage of the mother (Arakhin 7a)</ref> 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.<ref>Yevamot 69b, e.g. Schiff 33f.</ref> Elsewhere, the Talmud speaks of a "moment of determination" and a "moment of creation" in regard to different stages of the fetus.<ref>Talmud, Sanhedrin 92b</ref> [[Rashi]] explains that the moment of creation is when bones and arteries begin to form<ref>Rashi, Sanhedrin 92b</ref> and in other places he says that the "moment of creation" is at the 40th day.<ref>Yevamot 69b; Pesachim 9a</ref>
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]] 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,"<ref>Jakobovits, ''Jewish Medical Ethics'', p.182f.</ref> 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]], "abortion would not interfere with the immortal rights or destiny of the foetus."<ref>Feldman p.271, 274 Cp. Schiff p.41f.</ref>
===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."<ref>[[Mishnah]] Oholot 7:6, trans. Sinclair p.12</ref> According to the text this can be done until the point of ''yatza rubo'' (יָצָא רֻבּוֹ), that "the majority [of the fetus] has exited".<ref>[[Oholot]] 7:6</ref> This is taken to refer to the emergence of the baby during childbirth.<ref name="Rosner">{{Cite book |title=Biomedical ethics and Jewish law |first=Fred |last=Rosner |url=https://books.google.com/books?id=T7w2oAmohpEC&pg=PA178 |page=178pp |publisher=KTAV Publishing House, Inc. |year=2001|isbn=9780881257014 }}</ref>
According to [[Rashi]], 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.<ref>[https://www.sefaria.org.il/Sanhedrin.72b.14?lang=bi&p2=Rashi_on_Sanhedrin.72b.14.1&lang2=bi Rashi to Sanhedrin 72b, s.v. ''yatza rosho'']</ref> [[Maimonides]], 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]] 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]] and [[Menachem Meiri]] reaffirm Rashi's view.<ref name="Schiff60-61">Schiff p.60-61</ref>
===Noachide prohibition on abortion===
{{bibleverse||Genesis|9:6|HE}} says, "Whoever sheds the blood of man, by man shall his blood be shed...<ref>{{Cite web|url=https://www.sefaria.org/Genesis.9.6|title=Genesis 9:6 |website=www.sefaria.org |access-date=2019-01-03}}</ref> 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.<ref>[[Sanhedrin (tractate)|Sanhedrin]] 57b</ref>
According to [[Maimonides]], a non-Jew who kills "even one unborn in the womb of its mother" is guilty of murder according to the [[Noahide Laws]], and is liable for the death penalty.<ref>[[Mishneh Torah]], Hilchot Melachim 9:4</ref> The penalty of having his blood spilt, is interpreted by [[Maimonides]] as referring to a punishment by the hands of heaven, and not by the courts or man to man.<ref>Maimonides, [[Mishneh Torah]], Laws of Murder 2:3</ref>
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.<ref name=wieder/>
[[Tosafot]] (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,<ref>Sanhedrin 59a; Rashi (on Sanhedrin 59a) explains that Jews never lost their status as Noahides</ref> Tosafot concluded abortion must in general be prohibited to Jews also, though the (theoretical) punishment for violations would apply only to gentiles.<ref>Tosafot on Sanhedrin 59a, trans. Schiff, p.62: "A gentile is culpable for the death of a fetus, while a Jew is forbidden to cause its death but is not culpable."</ref><ref>Eisenberg compares the prohibition, without punishment, to the status of the [[treifah]].</ref> 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.<ref>Feldman 260 citing R. [[Joseph Trani]], Responsa Maharit I:97 and I:99.</ref> 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."<ref>Sinclair 44ff.</ref>
The [[Tosafot]] 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;<ref name="Rosner"/><ref>Feldman p. 262.</ref> however, this is not the plain interpretation of that Tosafot.<ref>Tosafot is referring to a case in Talmud Erchin 7a where the mother was executed by a court and the fetus remained alive after its mother's death. The Talmud says that executing a pregnant woman is permissible because the sentence applies to the fetus along with its mother since its part of its mother's body. Tosafot questions whether it would be allowable to kill it even after the mother already died, because of the death sentence that applied to it. See also Igrot Moshe: Yoreh Deah Vol.2:60 that Tosafot does not mean to permit foeticide.</ref>
===Legal rulings===
In the standard code of Jewish law, the [[Shulchan Aruch]], therapeutic abortion is permitted; Maimonides's language, speaking of the fetus as pursuer, is included verbatim.<ref name="Schiff60-61"/> A key commentator, R. [[Joshua Falk]], explains that abortion does not trade off one life for another life because the embryo is "not a person" prior to birth.<ref>Feldman 256 on S.A. HM 425.2, Falk ''Me'irat Eynayim''</ref> An ordinary abortion is a violation of civil or monetary law, not criminal law, as emphasized by R. [[Ezekiel Landau]] among others.<ref>Feldman 256 on ''Noda bi-Yehudah'' II:HM 59.</ref>
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]] is asked whether to approve an abortion for a woman with an [[mamzer|illegitimate]] 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.<ref>Feldman 264f. on Havvot Ya'ir 31 and Tosafot. See Schiff, too.</ref> Several authorities say that Jewish law is less strict for terminating embryos before 40 days.<ref>Eisenberg, note 41 states: "Rabbi Chaim Ozer Grodzinski (''Responsa Achiezer'', III, 65:14) even entertains the possibility that there may be no Biblical prohibition of abortion before forty days. See also: ''Tzofnat Paneach'' 59; ''Responsa Bet Shlomah'', Choshen Mishpat 162; ''Torat Chesed'', Even Ha'ezer, 42:33 all of whom discuss the decreased stringency of abortion within the first forty days."</ref> 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.<ref>Schiff, p.73-78</ref> Bachrach then offers a novel rationale for denying the requested abortion. He argues the abortion, like certain forms of contraception, frustrates the [[mitzvah]] of reproduction and destroys the "seed" needed to be "fruitful and multiply."<ref>Schiff, p.76, who points out that Bachrach includes women on the ban on destroying seed and he applies it to every stage of pregnancy, regardless of the early embryos' differential status.</ref>
Various Jewish scholars have expressed additional lenient stances on abortions under specific circumstances. These include contemporary scholar [[Eliezer Waldenberg]], who argued in favor of abortions in cases of serious [[birth defect]]s or extreme mental or psychological danger to the woman.<ref>[https://www.yeshiva.org.il/midrash/458 הפסקת הריון | הרב אליעזר מלמד]</ref>
==Orthodox Judaism==
In general, [[Orthodox Judaism]] opposes most abortion, but permits it when the pregnancy endangers the woman's life.<ref name="An Halachic Overview of Abortion">{{cite journal | url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/sufflr26&div=54&id=&page= | title=An Halachic Overview of Abortion | journal=Suffolk University Law Review | year=1992 | volume=26 | last1=Shuster | first1=Kenneth | issue=3 | pages=641–651 | pmid=11656331 }}</ref><ref>[[Immanuel Jakobovits]], [https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=4366&context=caselrev Jewish Views on Abortion]</ref> 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.<ref>{{cite journal |last1=Bleich |first1=J. David |title=Abortion in Halakhic Literature |journal=Tradition Online |date=Winter 1968 |volume=10 |issue=2 |url=https://traditiononline.org/abortion-in-halakhic-literature/ |access-date=26 June 2022}}</ref>
==Conservative Judaism==
The [[Rabbinical Assembly]] 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 Judaism|Conservative]] position thus follows those of the [[Acharonim]] 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]], and any other person who can help her in assessing the legal and moral issues involved.{{citation needed|date=June 2021}}
==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]], 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.<ref name="URJ">[http://urj.org/ask/abortion URJ] {{webarchive|url=https://web.archive.org/web/20080323092722/http://urj.org/ask/abortion/ |date=2008-03-23 }}</ref> 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."<ref name="URJ"/>
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]]—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]], 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."<ref>[http://www.huc.edu/newspubs/pressroom/2003/forward.shtml HUC]. {{webarchive|url=https://web.archive.org/web/20080708191524/http://www.huc.edu/newspubs/pressroom/2003/forward.shtml|date=2008-07-08}}</ref>
==Jews and abortion policies==
{{See also|Abortion in Israel}}
With the emergence of modern Jewish [[Identity (social science)|identity]] in the late 18th century, Jewish views on abortion have bifurcated along movement lines, especially between [[Orthodox Judaism]] and its more liberal counterparts. By the 20th century, liberal-minded Jews were among those most active in the [[abortion-rights movements]]. These [[reproductive rights]] activists included [[Betty Friedan]], [[Bernard Nathanson]], and [[Gloria Steinem]] (however, later in life Nathanson became an [[anti-abortion]] activist and converted to [[Catholicism]]). 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.<ref>[http://www.jewsforlife.org/Judaism-pro-life-message.cfm E.g., Jews for Life] {{webarchive|url=https://web.archive.org/web/20080220160943/http://www.jewsforlife.org/Judaism-pro-life-message.cfm |date=2008-02-20 }}</ref>
In the United States, [[Conservative Judaism]], [[Reconstructionist Judaism]] and [[Reform Judaism]] are usually aligned with the interfaith [[Religious Coalition for Reproductive Choice]]. 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.{{citation needed|date=April 2015}}
Polls of Jews in America report that 88% of American Jews are pro-abortion rights.<ref name=cjcs>{{cite web|url=http://www.cjcs.net/survey4.htm |title=Religion and the Public Square: Attitudes of American Jews in Comparative Perspective – A Follow-Up Study: Table 2 |publisher=Cjcs.net |access-date=2011-11-16}}</ref>
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]], etc.) or an incestuous relationship, [[birth defects]], 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.<ref>[https://www.nevo.co.il/law_html/Law01/073_022.htm The Penal Regulations (Termination of Pregnancy), 5738-1978 ]</ref> 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%).<ref>{{in lang|he}} Central Bureau of Statistics. (August 30, 2005). {{DOClink|[http://www.cbs.gov.il/hodaot2005n/01_05_191b.doc Patterns of Fertility in Israel in 2004]}}. Retrieved February 12, 2007.</ref>
There is an [[abortion debate]] in Israel. Orthodox Jewish organizations, including political parties, strongly oppose abortion because the [[Chief Rabbinate of Israel]] follows an interpretation of [[Halakhah|Jewish law]] that views abortion as a (lesser) degree of murder. Political parties that champion this view include [[Shas]], a [[Sephardic]] Haredi party; [[United Torah Judaism]], an [[Ashkenazi]] Haredi party; and HaBayit HaYehudi ([[Jewish Home]]), a [[Religious Zionist]] 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]].<ref>Remennick, Larissa I., & Hetsron, Amir. (2001). [https://doi.org/10.1111/0038-4941.00033 Public Attitudes toward Abortion in Israel: A Research Note]. ''Social Science Quarterly, 82 (2),'' 420–431. Retrieved February 12, 2007.</ref> The left-wing party [[Meretz]] argues in favor of legalized abortion for reasons of [[personal liberty]]. In 2006, [[Knesset|MK]] Zehava Gal-On of [[Meretz]] proposed a bill that would eliminate the termination committees, effectively [[decriminalization|decriminalizing]] unrestricted abortion. Gal-On argued that women with financial means can have abortions in private [[clinic]]s, bypassing the committee and therefore gaining rights based on their wealth. The bill was rejected by a wide margin.
==See also==
{{Portal|Judaism}}
* [[Abortion in Israel]]
==References==
{{Reflist|30em}}
==Notes==
===Jewish sources===
* [[J. David Bleich|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 at [http://www.jlaw.com/Articles/stemcellres.html#b41 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.
* [[Immanuel Jakobovits|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. "[http://jwa.org/encyclopedia/article/abortion Abortion]", ''Jewish Women: A Comprehensive Historical Encyclopedia''. Jewish Women's Archive.
* [[Fred Rosner|Rosner, Fred]]. 1986. ''Modern Medicine and Jewish Ethics''. New York: Yeshiva University Press.
* Schiff, Daniel. ''Abortion in Judaism''. 2002. Cambridge University Press.
* [[Daniel Sinclair|Sinclair, Daniel]]. ''Jewish biomedical law.'' Oxford
* [[Avraham Steinberg|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 ([http://nleresources.com/kiruv-and-chinuch/online-books/halacha/793-2/ online] source).
== External links ==
* [https://www.myjewishlearning.com/article/the-fetus-in-jewish-law/ The Fetus in Jewish Law], [[Fred Rosner|F. Rosner]]. In ''Biomedical Ethics and Jewish Law'', [[KTAV Publishing House|Ktav]] (2001). {{ISBN|978-0881257014}}; {{ISBN|088125701X}}
{{Women in Judaism}}
{{Jews and Judaism}}
{{Abortion}}
{{DEFAULTSORT:Judaism And Abortion}}
[[Category:Judaism and abortion| ]]
[[it:Rapporto tra religione ed aborto]]
[[pt:Religião e aborto]]' |
New page wikitext, after the edit (new_wikitext ) | '{{Short description|Aspect of religion}}
In [[Judaism]], views on [[abortion]] draw primarily upon the legal and ethical teachings of the [[Hebrew Bible]], the [[Talmud]], the case-by-case decisions of [[responsa]], and other rabbinic literature. While all major [[Jewish religious movements]] 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==
{{See also|Christianity and abortion#Biblical passages}}
There is no direct reference in the [[Hebrew Bible]] to an intentional termination of pregnancy.
{{bibleverse||Numbers|5:11-31|HE}} refers to the [[Ordeal of the bitter water]], 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.
{{bible verse||Exodus|21:22-23|HE}} refers to a birth or [[miscarriage]] 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]] 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.<ref name="jewishvirtuallibrary.org">Jewish Virtual Library, [https://www.jewishvirtuallibrary.org/jsource/Judaism/abortion.html Abortion in Judaism]</ref> According to [[Rashi]] 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.<ref name="jewishvirtuallibrary.org"/>
In mainstream rabbinic [[Judaism]], 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."<ref>{{Cite web|last=National Council of Jewish Women|title=Judaism and Abortion|url=https://www.ncjw.org/wp-content/uploads/2019/05/Judaism-and-Abortion-FINAL.pdf|website=[[National Council of Jewish Women]]}}</ref> According to many [[rishonim]], this verse proves that the fetus does not have the status of a human life.<ref name=wieder>Rabbi [[Jeremy Wieder]], [https://www.jewishpress.com/indepth/opinions/clarifying-abortion-in-halacha-and-reasons-not-to-favor-overturning-roe-v-wade/2022/06/02/ Clarifying Abortion In Halacha – And Reasons Not To Favor Overturning Roe V. Wade]</ref>
==Rabbinic sources==
Rabbinic law or [[halakhah]] permits abortion in certain circumstances. Some authorities permitted abortion in cases of 'great need.'<ref>{{cite journal |last1=Lichtenstein |first1=Aharon |title=Abortion: A Halakhic Perspective |journal=Tradition |date=Summer 1991 |volume=25 |issue=4 |pages=3–12 |pmid=11656098 |url=https://traditiononline.org/abortion-a-halakhic-perspective/ |access-date=26 June 2022}}</ref> 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 [[Jacob Emden|Rabbi Jacob Emden]] did in the 18th century, “there is reason to be lenient [in permitting abortion]… only so as to save her from woe,” or as [[Eliezer Waldenberg|Rabbi Eliezer Waldenberg]] did in 1978, abortion is a valid choice when not terminating might cause “suffering and emotional pain.”"<ref>{{cite web |last1=Ruttenberg |first1=Danya |title=Rabbi |url=https://www.ncjw.org/news/the-jewish-case-for-abortion-rights/ |website=National Council for Jewish Women |access-date=19 February 2021}}</ref>
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."<ref>{{cite news |last1=Schnell |first1=Lindsay |title=Jews, outraged by restrictive abortion laws, are invoking the Hebrew Bible in the debate |url=https://www.usatoday.com/story/news/nation/2019/07/24/abortion-laws-jewish-faith-teaches-life-does-not-start-conception/1808776001/ |access-date=19 February 2021 |agency=USA Today |date=July 24, 2019}}</ref> 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]] 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]] must be violated to save the life of a fetus.<ref name=a7>Arakhin 7a</ref> A pregnant woman who develops a ravenous hunger must be fed even on [[Yom Kippur]] to prevent loss of life;<ref>Yoma 82a</ref> 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.<ref>Schiff p.27 on mNiddah 5:3</ref> 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'').<ref>For rabbinic sources, see Feldman 254f. notes 17-19</ref> An embryo is not deemed a fully viable person (''bar kayyama''), but rather a being of "doubtful viability".<ref>Niddah 44b</ref> Hence, for instance, Jewish [[mourning]] 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"<ref>''ubar yerekh imo'', Hullin 58a</ref> for such matters as ownership, maternal conversion and [[Virtue|purity]] law.<ref>Feldman 253f. who also cites Y.K. Miklishanski in "Mishpat ha-Ubar" in ''Jubilee Volume in Honor of Simon Federbush, Jerusalem 1961, pp. 251–260. Similarly, the death penalty is carried out on a pregnant woman even though the innocent fetus will be killed, on the basis that the fetus is an appendage of the mother (Arakhin 7a)</ref> 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.<ref>Yevamot 69b, e.g. Schiff 33f.</ref> Elsewhere, the Talmud speaks of a "moment of determination" and a "moment of creation" in regard to different stages of the fetus.<ref>Talmud, Sanhedrin 92b</ref> [[Rashi]] explains that the moment of creation is when bones and arteries begin to form<ref>Rashi, Sanhedrin 92b</ref> and in other places he says that the "moment of creation" is at the 40th day.<ref>Yevamot 69b; Pesachim 9a</ref>
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]] 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,"<ref>Jakobovits, ''Jewish Medical Ethics'', p.182f.</ref> 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]], "abortion would not interfere with the immortal rights or destiny of the foetus."<ref>Feldman p.271, 274 Cp. Schiff p.41f.</ref>
===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."<ref>[[Mishnah]] Oholot 7:6, trans. Sinclair p.12</ref> According to the text this can be done until the point of ''yatza rubo'' (יָצָא רֻבּוֹ), that "the majority [of the fetus] has exited".<ref>[[Oholot]] 7:6</ref> This is taken to refer to the emergence of the baby during childbirth.<ref name="Rosner">{{Cite book |title=Biomedical ethics and Jewish law |first=Fred |last=Rosner |url=https://books.google.com/books?id=T7w2oAmohpEC&pg=PA178 |page=178pp |publisher=KTAV Publishing House, Inc. |year=2001|isbn=9780881257014 }}</ref>
According to [[Rashi]], 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.<ref>[https://www.sefaria.org.il/Sanhedrin.72b.14?lang=bi&p2=Rashi_on_Sanhedrin.72b.14.1&lang2=bi Rashi to Sanhedrin 72b, s.v. ''yatza rosho'']</ref> [[Maimonides]], 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]] 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]] and [[Menachem Meiri]] reaffirm Rashi's view.<ref name="Schiff60-61">Schiff p.60-61</ref>
===Noachide prohibition on abortion===
{{bibleverse||Genesis|9:6|HE}} says, "Whoever sheds the blood of man, by man shall his blood be shed...<ref>{{Cite web|url=https://www.sefaria.org/Genesis.9.6|title=Genesis 9:6 |website=www.sefaria.org |access-date=2019-01-03}}</ref> 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.<ref>[[Sanhedrin (tractate)|Sanhedrin]] 57b</ref>
According to [[Maimonides]], a non-Jew who kills "even one unborn in the womb of its mother" is guilty of murder according to the [[Noahide Laws]], and is liable for the death penalty.<ref>[[Mishneh Torah]], Hilchot Melachim 9:4</ref> The penalty of having his blood spilt, is interpreted by [[Maimonides]] as referring to a punishment by the hands of heaven, and not by the courts or man to man.<ref>Maimonides, [[Mishneh Torah]], Laws of Murder 2:3</ref>
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.<ref name=wieder/>
[[Tosafot]] (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,<ref>Sanhedrin 59a; Rashi (on Sanhedrin 59a) explains that Jews never lost their status as Noahides</ref> Tosafot concluded abortion must in general be prohibited to Jews also, though the (theoretical) punishment for violations would apply only to gentiles.<ref>Tosafot on Sanhedrin 59a, trans. Schiff, p.62: "A gentile is culpable for the death of a fetus, while a Jew is forbidden to cause its death but is not culpable."</ref><ref>Eisenberg compares the prohibition, without punishment, to the status of the [[treifah]].</ref> 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.<ref>Feldman 260 citing R. [[Joseph Trani]], Responsa Maharit I:97 and I:99.</ref> 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."<ref>Sinclair 44ff.</ref>
The [[Tosafot]] 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;<ref name="Rosner"/><ref>Feldman p. 262.</ref> however, this is not the plain interpretation of that Tosafot.<ref>Tosafot is referring to a case in Talmud Erchin 7a where the mother was executed by a court and the fetus remained alive after its mother's death. The Talmud says that executing a pregnant woman is permissible because the sentence applies to the fetus along with its mother since its part of its mother's body. Tosafot questions whether it would be allowable to kill it even after the mother already died, because of the death sentence that applied to it. See also Igrot Moshe: Yoreh Deah Vol.2:60 that Tosafot does not mean to permit foeticide.</ref>
===Legal rulings===
In the standard code of Jewish law, the [[Shulchan Aruch]], therapeutic abortion is permitted; Maimonides's language, speaking of the fetus as pursuer, is included verbatim.<ref name="Schiff60-61"/> A key commentator, R. [[Joshua Falk]], explains that abortion does not trade off one life for another life because the embryo is "not a person" prior to birth.<ref>Feldman 256 on S.A. HM 425.2, Falk ''Me'irat Eynayim''</ref> An ordinary abortion is a violation of civil or monetary law, not criminal law, as emphasized by R. [[Ezekiel Landau]] among others.<ref>Feldman 256 on ''Noda bi-Yehudah'' II:HM 59.</ref>
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]] is asked whether to approve an abortion for a woman with an [[mamzer|illegitimate]] 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.<ref>Feldman 264f. on Havvot Ya'ir 31 and Tosafot. See Schiff, too.</ref> Several authorities say that Jewish law is less strict for terminating embryos before 40 days.<ref>Eisenberg, note 41 states: "Rabbi Chaim Ozer Grodzinski (''Responsa Achiezer'', III, 65:14) even entertains the possibility that there may be no Biblical prohibition of abortion before forty days. See also: ''Tzofnat Paneach'' 59; ''Responsa Bet Shlomah'', Choshen Mishpat 162; ''Torat Chesed'', Even Ha'ezer, 42:33 all of whom discuss the decreased stringency of abortion within the first forty days."</ref> 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.<ref>Schiff, p.73-78</ref> Bachrach then offers a novel rationale for denying the requested abortion. He argues the abortion, like certain forms of contraception, frustrates the [[mitzvah]] of reproduction and destroys the "seed" needed to be "fruitful and multiply."<ref>Schiff, p.76, who points out that Bachrach includes women on the ban on destroying seed and he applies it to every stage of pregnancy, regardless of the early embryos' differential status.</ref>
Various Jewish scholars have expressed additional lenient stances on abortions under specific circumstances. These include contemporary scholar [[Eliezer Waldenberg]], who argued in favor of abortions in cases of serious [[birth defect]]s or extreme mental or psychological danger to the woman.<ref>[https://www.yeshiva.org.il/midrash/458 הפסקת הריון | הרב אליעזר מלמד]</ref>
==Orthodox Judaism==
In general, [[Orthodox Judaism]] opposes most abortion, but permits it when the pregnancy endangers the woman's life.<ref name="An Halachic Overview of Abortion">{{cite journal | url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/sufflr26&div=54&id=&page= | title=An Halachic Overview of Abortion | journal=Suffolk University Law Review | year=1992 | volume=26 | last1=Shuster | first1=Kenneth | issue=3 | pages=641–651 | pmid=11656331 }}</ref><ref>[[Immanuel Jakobovits]], [https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=4366&context=caselrev Jewish Views on Abortion]</ref> 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.<ref>{{cite journal |last1=Bleich |first1=J. David |title=Abortion in Halakhic Literature |journal=Tradition Online |date=Winter 1968 |volume=10 |issue=2 |url=https://traditiononline.org/abortion-in-halakhic-literature/ |access-date=26 June 2022}}</ref>
==Conservative Judaism==
The [[Rabbinical Assembly]] 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 Judaism|Conservative]] position thus follows those of the [[Acharonim]] 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]], and any other person who can help her in assessing the legal and moral issues involved.{{citation needed|date=June 2021}}
==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]], 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.<ref name="URJ">[http://urj.org/ask/abortion URJ] {{webarchive|url=https://web.archive.org/web/20080323092722/http://urj.org/ask/abortion/ |date=2008-03-23 }}</ref> 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."<ref name="URJ"/>
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]]—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]], 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."<ref>[http://www.huc.edu/newspubs/pressroom/2003/forward.shtml HUC]. {{webarchive|url=https://web.archive.org/web/20080708191524/http://www.huc.edu/newspubs/pressroom/2003/forward.shtml|date=2008-07-08}}</ref>
==Jews and abortion policies==
{{See also|Abortion in Israel}}
With the emergence of modern Jewish [[Identity (social science)|identity]] in the late 18th century, Jewish views on abortion have bifurcated along movement lines, especially between [[Orthodox Judaism]] and its more liberal counterparts. By the 20th century, liberal-minded Jews were among those most active in the [[abortion-rights movements]]. These [[reproductive rights]] activists included [[Betty Friedan]], [[Bernard Nathanson]], and [[Gloria Steinem]] (however, later in life Nathanson became an [[anti-abortion]] activist and converted to [[Catholicism]]). 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.<ref>[http://www.jewsforlife.org/Judaism-pro-life-message.cfm E.g., Jews for Life] {{webarchive|url=https://web.archive.org/web/20080220160943/http://www.jewsforlife.org/Judaism-pro-life-message.cfm |date=2008-02-20 }}</ref>
In the United States, [[Conservative Judaism]], [[Reconstructionist Judaism]] and [[Reform Judaism]] are usually aligned with the interfaith [[Religious Coalition for Reproductive Choice]]. 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.{{citation needed|date=April 2015}}
Polls of Jews in America report that 88% of American Jews are pro-abortion rights.<ref name=cjcs>{{cite web|url=http://www.cjcs.net/survey4.htm |title=Religion and the Public Square: Attitudes of American Jews in Comparative Perspective – A Follow-Up Study: Table 2 |publisher=Cjcs.net |access-date=2011-11-16}}</ref>
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]], etc.) or an incestuous relationship, [[birth defects]], 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.<ref>[https://www.nevo.co.il/law_html/Law01/073_022.htm The Penal Regulations (Termination of Pregnancy), 5738-1978 ]</ref> 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%).<ref>{{in lang|he}} Central Bureau of Statistics. (August 30, 2005). {{DOClink|[http://www.cbs.gov.il/hodaot2005n/01_05_191b.doc Patterns of Fertility in Israel in 2004]}}. Retrieved February 12, 2007.</ref>
There is an [[abortion debate]] in Israel. Orthodox Jewish organizations, including political parties, strongly oppose abortion because the [[Chief Rabbinate of Israel]] follows an interpretation of [[Halakhah|Jewish law]] that views abortion as a (lesser) degree of murder. Political parties that champion this view include [[Shas]], a [[Sephardic]] Haredi party; [[United Torah Judaism]], an [[Ashkenazi]] Haredi party; and HaBayit HaYehudi ([[Jewish Home]]), a [[Religious Zionist]] 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]].<ref>Remennick, Larissa I., & Hetsron, Amir. (2001). [https://doi.org/10.1111/0038-4941.00033 Public Attitudes toward Abortion in Israel: A Research Note]. ''Social Science Quarterly, 82 (2),'' 420–431. Retrieved February 12, 2007.</ref> The left-wing party [[Meretz]] argues in favor of legalized abortion for reasons of [[personal liberty]]. In 2006, [[Knesset|MK]] Zehava Gal-On of [[Meretz]] proposed a bill that would eliminate the termination committees, effectively [[decriminalization|decriminalizing]] unrestricted abortion. Gal-On argued that women with financial means can have abortions in private [[clinic]]s, bypassing the committee and therefore gaining rights based on their wealth. The bill was rejected by a wide margin. down the NAZIS
==See also==
{{Portal|Judaism}}
* [[Abortion in Israel]]
==References==
{{Reflist|30em}}
==Notes==
===Jewish sources===
* [[J. David Bleich|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 at [http://www.jlaw.com/Articles/stemcellres.html#b41 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.
* [[Immanuel Jakobovits|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. "[http://jwa.org/encyclopedia/article/abortion Abortion]", ''Jewish Women: A Comprehensive Historical Encyclopedia''. Jewish Women's Archive.
* [[Fred Rosner|Rosner, Fred]]. 1986. ''Modern Medicine and Jewish Ethics''. New York: Yeshiva University Press.
* Schiff, Daniel. ''Abortion in Judaism''. 2002. Cambridge University Press.
* [[Daniel Sinclair|Sinclair, Daniel]]. ''Jewish biomedical law.'' Oxford
* [[Avraham Steinberg|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 ([http://nleresources.com/kiruv-and-chinuch/online-books/halacha/793-2/ online] source).
== External links ==
* [https://www.myjewishlearning.com/article/the-fetus-in-jewish-law/ The Fetus in Jewish Law], [[Fred Rosner|F. Rosner]]. In ''Biomedical Ethics and Jewish Law'', [[KTAV Publishing House|Ktav]] (2001). {{ISBN|978-0881257014}}; {{ISBN|088125701X}}
{{Women in Judaism}}
{{Jews and Judaism}}
{{Abortion}}
{{DEFAULTSORT:Judaism And Abortion}}
[[Category:Judaism and abortion| ]]
[[it:Rapporto tra religione ed aborto]]
[[pt:Religião e aborto]]' |
Unified diff of changes made by edit (edit_diff ) | '@@ -75,5 +75,5 @@
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]], etc.) or an incestuous relationship, [[birth defects]], 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.<ref>[https://www.nevo.co.il/law_html/Law01/073_022.htm The Penal Regulations (Termination of Pregnancy), 5738-1978 ]</ref> 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%).<ref>{{in lang|he}} Central Bureau of Statistics. (August 30, 2005). {{DOClink|[http://www.cbs.gov.il/hodaot2005n/01_05_191b.doc Patterns of Fertility in Israel in 2004]}}. Retrieved February 12, 2007.</ref>
-There is an [[abortion debate]] in Israel. Orthodox Jewish organizations, including political parties, strongly oppose abortion because the [[Chief Rabbinate of Israel]] follows an interpretation of [[Halakhah|Jewish law]] that views abortion as a (lesser) degree of murder. Political parties that champion this view include [[Shas]], a [[Sephardic]] Haredi party; [[United Torah Judaism]], an [[Ashkenazi]] Haredi party; and HaBayit HaYehudi ([[Jewish Home]]), a [[Religious Zionist]] 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]].<ref>Remennick, Larissa I., & Hetsron, Amir. (2001). [https://doi.org/10.1111/0038-4941.00033 Public Attitudes toward Abortion in Israel: A Research Note]. ''Social Science Quarterly, 82 (2),'' 420–431. Retrieved February 12, 2007.</ref> The left-wing party [[Meretz]] argues in favor of legalized abortion for reasons of [[personal liberty]]. In 2006, [[Knesset|MK]] Zehava Gal-On of [[Meretz]] proposed a bill that would eliminate the termination committees, effectively [[decriminalization|decriminalizing]] unrestricted abortion. Gal-On argued that women with financial means can have abortions in private [[clinic]]s, bypassing the committee and therefore gaining rights based on their wealth. The bill was rejected by a wide margin.
+There is an [[abortion debate]] in Israel. Orthodox Jewish organizations, including political parties, strongly oppose abortion because the [[Chief Rabbinate of Israel]] follows an interpretation of [[Halakhah|Jewish law]] that views abortion as a (lesser) degree of murder. Political parties that champion this view include [[Shas]], a [[Sephardic]] Haredi party; [[United Torah Judaism]], an [[Ashkenazi]] Haredi party; and HaBayit HaYehudi ([[Jewish Home]]), a [[Religious Zionist]] 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]].<ref>Remennick, Larissa I., & Hetsron, Amir. (2001). [https://doi.org/10.1111/0038-4941.00033 Public Attitudes toward Abortion in Israel: A Research Note]. ''Social Science Quarterly, 82 (2),'' 420–431. Retrieved February 12, 2007.</ref> The left-wing party [[Meretz]] argues in favor of legalized abortion for reasons of [[personal liberty]]. In 2006, [[Knesset|MK]] Zehava Gal-On of [[Meretz]] proposed a bill that would eliminate the termination committees, effectively [[decriminalization|decriminalizing]] unrestricted abortion. Gal-On argued that women with financial means can have abortions in private [[clinic]]s, bypassing the committee and therefore gaining rights based on their wealth. The bill was rejected by a wide margin. down the NAZIS
==See also==
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