Is Judaism “pro-life” or “pro-choice”? In reality, neither, at least, as they are currently defined by American politics.
The underlying Jewish principle is enunciated in the Mishna (Ohalot ): “If a woman is undergoing a perilous pregnancy, the fetus may be destroyed since her life takes precedence over its life.” Most scholars understand this to mean that the woman’s life takes precedence over that of the fetus because the fetus is not a nefesh – a human soul. Therefore, it is not only permissible but obligatory to abort a fetus which threatens the life of the mother.
The question is how broadly can the “life of the mother” be interpreted? If the mother’s psychological health is threatened, as it might be by giving birth to a child conceived in rape or incest, or by giving birth to child with a known genetic disease with a horrendous outcome, such as Tay-Sachs, may she abort? May she abort a fetus if having a child would be pscyhologically difficult for her? Most authorities answer in the affirmative with regard to rape and incest. Some Orthodox authorities have also ruled that abortion is permissible in the case of Tay-Sachs. On the subject of the mother’s general psychological health, the answer becomes more murky: liberal authorities permit abortion; conservative authorities do not.
Looking at Jewish law through the lens of modern politics, two things become abundantly clear. First, a fetus is not a life in the same way that a person is. A fetus in Jewish law does not have rights, per se; nor does it have the status of person in any way. The mother’s life, her ability to safely bear and, in many cases, to ably care for the child, take precedence. At the same time, there is no concept of “choice” or “abortion on demand” in Jewish law. A fetus, if not a soul, is still an appendage of the mother and cannot be aborted without good reason anymore than one may cut off a limb unnecessarily. Hence, abortion, even when it is permissible, may never be a casual choice.
Regardless of the reasons a woman chooses to abort a fetus, it is undoubtedly a momentous decision in her life – fraught with pain and grief. The rituals on ritualwell provide a context in which to mourn this loss, to integrate it into one’s own life and, in some cases, into the life of the community, and to move forward.
by Rabbi Rona Shapiro
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