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Abortion From the Perspective of Judaism

Abortion From the Perspective of Judaism

The issue of abortion has been debated for centuries and will surely continue to be a major topic of debate. Some see abortion as murder of an innocent child, others believe that the fetus is not yet a human and therefore can be aborted. Most of the world religions have a view of abortion, some religious laws allow it while others condemn the act. Abortion in the eyes of religion is a major conflict that is closely related to God and his sole ability to create and destroy life. Judaism is one of the religions that does not see abortion as murder, rather they see it as a necessity if the mother’s life becomes endangered by the pregnancy.

The Jewish law, although approving of abortion, does not let it happen freely. If abortion were to be murder then it would be prohibited in the Jewish community states Feldman.1 But according to the Talmud, Jewish law does not equate it with murder, and there are circumstances under which Jewish law would permit, or even mandate, an abortion.1 The welfare of the mother is the most important thing It is her welfare, avoidance of her pain, that comes first.1 Jewish law indicates that if abortion was murder then one could not have an abortion because it would then be considered a cardinal sin.1 Hence if abortion were declared murder, a mother would not be allowed to have an abortion even to save her life, which is obviously not the case.1

In Jewish law the fetus is not considered a person, in this, if the fetus is removed through abortion it is not killing a person. The fetus is a “part of its mother”1 and not separate. This further asks, “whether feticide is or is not homocide.”1 To answer this we look to the Torah where the law of homicide states “he who smites a man”, or “any human person” is punishable by martyrdom. The fetus on the other hand is not a person until it comes into the world. The nefesh adam, or any human person, is thought to exclude the fetus.1 The author uses Rashi, a known Bible and Talmud commentator, who states the fetus “is lav nefesh hu, not a person, until he comes into the world.” Therefore feticide is not homocide.1

The fetus is thought to be a rodef, an aggressor, one...

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