By Bonnie Chernin Rogoff
Founder, Jews For Life

The message of the Torah is one of life. Abortion on demand is simply intolerable in the Jewish tradition. To sanction something so heinous as partial-birth abortion is proof of a culture of death standing in marked opposition to the Torah's ethic of life.

Rabbi Daniel Lapin
President, Toward Tradition

The So-called "Jewish" View

Many visitors to Jews For Life inquire about the traditional Jewish viewpoint on abortion, and whether Biblical scripture supports a pro-life or "pro-choice" view. It is important to differentiate between the view of Judaism, which is predicated upon traditional values and sacred Halachic Law and texts, and the prevailing liberal Jewish view in our modern culture, which is more in line with contemporary civil liberties groups.

In recent years, a significant number of mainstream Jewish organizations have relied on using Biblical Scripture to defend liberal causes, even if that means distorting the deeper meaning of the text to suit their goals. By taking on the unique role as advocates of public policy, their positions on many issues are antithetical to our faith are not substantiated by Torah teachings. There are other organizations, Jewish in name only, that ignore the Torah, Mishna, and Talmud altogether when promoting their liberal philosophy. Under the heading "Reproductive Choice," is a message published by Hadassah on their website on the issue of abortion:

The policy statements below detail Hadassah's long standing commitment to a woman's right to choose abortion and other reproductive health care. Hadassah's positions in this area are predicated on the constitutional right to privacy as defined in the landmark Roe v. Wade decision, and on First Amendment principles insuring religious liberty, religious pluralism, and the separation of church and state. In other words, Hadassah believes that women are proper moral decision-makers in this area, and that they should be free to make that decision within the context of their own religious convictions, without interference from the state.

The Roe v. Wade decision is mentioned along with provisions of the First Amendment. Any Biblical text that would clarify our faith's position on the issue is carefully avoided.

The Religious Action Center of Reform Judaism is the Washington Office of the Union of American Hebrew Congregations and the Central Conference of American Rabbis. Representing 1.5 million Reform Jews and 1,800 Reform rabbis in more than 875 congregations throughout North America, they are really a special interest group that champions liberal causes. Rabbis within the Religious Action Center have recently come forward as arbiters in support of some very controversial legislation. They oppose the partial birth abortion ban have actively lobbied Congress in an effort to keep this barbaric procedure legal, while opposing legislation on issues such as capital punishment, school prayer, and parental notification and consent laws for minors abortions. In a letter to the Congress on September 10, 1998, the Religious Action Center voiced strong opposition to the partial birth abortion ban (H.R. 1122) asking that members of Congress "vote to sustain President Clinton's veto."

In the end, 729 member rabbis of the Religious Action Center of Reform Judaism put their names to the letter opposing a PBA ban. The complete text of the letter can be viewed at the following link:

http://www.freerepublic.com/forum/a397bd1757659.htm

2004 UPDATE: On November 5, 2003, President Bush signed into law the Partial Birth Abortion Ban passed by Congress and supported by most Americans. RAC Director Rabbi Saperstein responded in a press release:

Today's enactment of legislation to curb the reproductive rights of women is a tragic restriction of the Supreme Court's landmark 1973 Roe vs. Wade decision. This vague and broadly worded law subjugates the medical expertise of doctors, the personal beliefs of patients, and the rights of women across the country to political decisions. Indeed, the American College of Obstetricians and Gynecologists, the American Medical Women's Association, the American Nurses Association and the American Public Health Association oppose this ban.

For years, anti-choice activists have worked to use legislation to chip away at the reproductive rights protected by the Court's 1973 decision. Enactment of this law now puts women at needless risk. In fact, the "partial birth" abortion ban contains no exception for the health of the woman. Equally disturbing is that the vague wording of this bill may result in a chilling effect among medical professionals who may become reluctant to perform a medically necessary and legal procedure for fear of the filing of criminal charges.

Efforts to ban medical procedures that are safe and potentially life-saving run counter to the Jewish belief in the sacredness of life. Women should be allowed to make decisions about their medical health and well-being in consultation with family members, doctors and clergy and without political calculations.

As in previous press releases, Rabbi Saperstein refers to partial birth abortion as a potentially "safe medical procedure," when the opposite is true. Indeed, at the current (April 2004) partial birth abortion trials underway in Nebraska, California and New York, abortionists have testified that the procedure can harm and kill women, and a pediatrician testified that the unborn baby can feel "intense and excruciating pain". One notorious abortionist, Leroy Carhart admits to dismembering and decapitating unborn children during the PBA procedure. Based on the facts and testimonies presented over the years by medical professionals and societies, the majority of whom find partial birth abortion dangerous and inhumane, it takes an incredible amount of chutzpah for Rabbi Saperstein to claim that banning partial birth abortion runs counter to Jewish belief in the sacredness of life!

In Judaism, the life of the mother takes precedence over her unborn child. However, there is no indication that partial birth abortion is ever necessary to save the life or health of the mother. By bringing Judaism into the debate, Rabbi Saperstein adds a measure of religious credibility to the claim by feminist groups that this barbaric procedure is somehow "kosher." At Jews For Life, we find this quite troubling. If the rabbis truly believe that partial birth abortion is a decision that should be made "between a woman and her doctor and not legislators," then shouldn't they, as rabbis, remain silent?

The passage of another controversial bill prompted the Religious Action Center leadership to play abortion politics again. The Unborn Victims of Violence Act, know as Laci and Connor's Bill, was signed into law by President Bush in April 2004. Rabbi Mark Pelavin of the RAC decried passage of the bill and issued a statement, excerpted below:

"Instead, they focused their efforts on elevating the status of a potential human life to that of a woman, a strategic step forward in the anti-choice hardliners' crusade to deprive women of their Constitutional right to reproductive choice…Furthermore, in bestowing upon a fetus, zygote, or embryo the same rights and protections as the law gives a living human being, the Unborn Victims of Violence Act delivers a blow to religious liberty in this country. There is no scientific consensus on when human life begins, and different religious traditions offer different answers. The view that human life begins at conception is contrary to Jewish tradition and to the teachings of other religions, but the Unborn Victims of Violence Act would write that view our nation's laws."

There is no place for partial birth abortion in Judaism, or any other faith. It is inappropriate and callous, to say the least, for a rabbi to come forward and exploit a law that addresses a pregnant mother's pain and grief by tying it in to abortion for political gain.

The Real View of Judaism

Liberal Jewish organizations brazenly distort Jewish Law to give people the impression that Hashem, our G-d, condones abortion for "choice. Nothing can be further from the truth. G-d created mankind to be fruitful and multiply, and to protect and nurture life, both born and unborn.

Judaism does not believe in the Christian concept of ensoulment, that at the time of conception the soul enters the embryo making that new life equivalent with a born person. In the earliest stages of pregnancy, up to 40 days post-conception, the fetus is considered "mere fluid" (Mishnah Niddah 3:7). However, after 40 days the fetus is considered formed and a woman who miscarries or aborts has to undergo the ritual cleansing process (mikveh) just as she would if a living child were born (Mishnah Kritot 1:3-6). In the Talmud Arakin 7a-b, the passage indicates it is permissible to desecrate the Shabbat to save the life of an unborn child. Further, while a traditional Jew is forbidden from carrying a knife on the Shabbat, a Jewish surgeon may do so, and use it, to save an unborn child's life.

The passage most often quoted to "prove" Judaism is a pro-choice faith is Exodus 21:21-23. In the verses, should a quarrel ensue between two men during which a pregnant woman is injured and miscarries, a judge shall determine the fine. Should the mother die, however, then the death penalty would be required. This has been interpreted (wrongfully) to mean that the loss of fetal life did not require the death penalty, therefore, the fetus is not considered a human being.

One problem with this interpretation is that fetal death is occurring as the result of an accident, not an abortion. No choice was involved here. Anyone familiar with the Jewish Scriptures knows that the penalty for murder is death, while the penalty for manslaughter is not (See Exodus 21:12-14 - I recommend the Stone edition of the Torah which includes the Rabbinic writings. There are extensive commentaries on these verses).

The Torah is ambiguous when it comes to abortion. There is no direct proscription against it, and there is no commandment "Thou shalt not abort thy children." That's because abortion never existed as a choice in Jewish tradition, or in the Jewish community.

There are many passages in the Torah and Haftorah indicating a connection between the unborn child and the adult, a continuum in the life cycle that began prior to birth. Did not He who made me in the womb make them? Did not the same one fashion us in the womb? (Job 31:15). Before I formed you in the womb I knew you; Before you were born I sanctified you: I ordered you a prophet to the nations. (Jeremiah 1:5). There is a preordained destiny that G-d intended for the prophet, crafted even before his birth. Also, the Biblical account of Rebecca's unusual pregnancy connects fetal life with future events. In Parashas Toldos, the following verses relate the struggle between Jacob and Esau that began in the womb, foreshadowing their future rivalries and the conflicts between two nations:

The children agitated within her, and she said, "If so, why am I thus?" And she went to inquire of Hashem. And Hashem said to her: "Two nations are in your womb; two regimes from your insides shall be separated; the might shall pass from one regime to the other, and the elder shall serve the younger." (Genesis 25:22-23).

The Stone edition of the Torah provides explanations on the above verses: "Jacob and Esau represented cosmic forces in Creation, forces that transcended the normal course of personality development, and that existed even before birth. Thus, the turmoil within her was due to the irreconcilable conflict between the two nations that was already taking shape."

From the Soncino Books of the Bible; The Psalms: The entire passage from Psalm 139:13-18 provides intricate details of G-d's handiwork in human creation. "For thou hast made my reins; (kidneys, internal organs) Thou hast knit me together in my mother's womb" (v. 13). "My frame (skeleton) was not hidden from Thee, When I was made in secret (in the womb), And curiously wrought (embroidered, referring to the veins and arteries) in the lowest parts of the earth" (v. 15). "Thine eyes did see mine unformed substance (the embryo), And in Thy book they were all written" (v. 16). The Book referred to in Verse 16 is the "doctrine of predestination. G-d has a book in which is recorded against each person, from the embryonic stage, the number of days which would be lived." (Commentaries and verses from the Soncino Books of the Bible, London: The Soncino Press, 1985, p. 453-454.)

It is clear that Hashem, our G-d, wanted to establish an association between fetal life and the destinies of individuals and events. Why else would so many textual passages continually refer to the unborn child in such detail? G-d could have easily begun the conflict between Jacob and Esau after their birth, yet He chose not to. The Torah portion indicates that the conflict began in Rebecca's womb. Throughout Scriptural text, there is that same recurring theme of predestination; life before birth ordaining fate.

Our Torah contains 613 written laws. To the layperson simply reading the Scriptures as a book, those commandments can be confusing and make for very frustrating reading. The Torah is silent on many important issues, and is incomprehensible without further study. For example, "Honor thy mother and father." How does one do that, exactly? The Books of the Oral Laws (the Mishna, Talmud and Midrash) codify the Laws by subject and with rabbinical commentaries, provide a deeper understanding of the Torah's meaning, and how the Laws should be applied. There is also the Zohar, or Kabbalah (providing mystical interpretations). All these texts studied together provide the student wisdom and guidance into Judaism's rich religious heritage.

The view of Judaism is that abortion, while not considered murder, should be strongly discouraged. While the fetus is not accorded full human status, it is still considered a developing life with value, that must be protected and saved whenever possible, unless the life of the mother is in danger. In that case, it is permissible to abort the fetus. The Mishnah Oholoth 7:6 along with Rashi's commentaries in Talmud Sanhedrin 72b make it very clear that the life (and not the 'choice' or 'health' of the mother) is the only permissible reason for abortion. Had abortion been performed in Rashi's time for birth control, convenience, or economic reasons there would have been an outcry from rabbis and the religious community and the practice would have been condemned. Under no circumstances should abortion performed for frivolous reasons be given a stamp of approval by rabbis, under the pretext of "health."

For further research, here are some excellent sources:

Aish HaTorah.:
Website: http://aish.com/rabbi/ATR_viewLinks.asp
(Ask the rabbi).
Check "Keywords" and search the term "Abortion." You'll come to an article entitled "Abortion - Yes or No?" The Aish rabbi explains why, in most cases, abortion is not permissible. Highly recommended.

The following page provides a topical index listing references in Tanach, Talmud/Midrash, etc., with referenced verses arranged under the heading "Abortion." http://www.aishdas.org/hamakor/ishus/abort.htm

Syndicated columnist Don Feder, editorialist for the Boston Herald, wrote an inspiring book entitled A Jewish Conservative Looks At Pagan America, (Huntington House Publishers, ©1993). In this collection of columns and speeches, Mr. Feder confronts many social issues dividing Americans. He includes a thought-provoking speech he delivered at Dartmouth College on abortion in the context of the Jewish faith. Mr. Feder relies on Biblical text and verses that support Judaism's pro-life position. I highly recommend this book.

Another excellent book is Medicine and Jewish Law, edited by Fred Rosner, M.D., published by Jason Aronson, Inc. Northvale, NJ. Several chapters by prominent rabbis and doctors examine the abortion issue, and explain why our current "pro-choice" culture is not reflective of traditional Jewish values. In "The Role Of Jewish Medical Ethics in Shaping Legislation," authored by Lord Immanuel Jacobovits, a mental health disability exception that would necessitate abortion is defined strictly under Jewish law as "very exceptional cases of grave medical urgency, including some serious psychological threat, provided these indications are absolutely genuine and independently ascertained." Speaking on the subject of abortion on demand in Britain, he refers to the "mental health" rationale as the "usual, but quite fraudulent, medical indication for the vast majority of abortions carried out in Britain." Other contributors debate the mental health issue and reach similar conclusions.

Readers interested in the above referenced subject are also urged to read Biomedical Ethics and Jewish Law by Fred Rosner, M.D.; KTAV Publishing House Inc., c2001.

Roe v. Wade, the law that legalized abortion throughout the United States was enacted for one reason only: to provide women with the right to obtain unlimited abortions, not for severe physical or psychological disability, but for birth control without intervention. To accomplish this, the Supreme Court in their decision denied "personhood" to the unborn child, ultimately rejecting the child's right to life. G-d created us to respect and revere life. Judaism does not support abortion for choice; such an idea is unheard of in our faith. Only in extreme circumstances, when the woman's life is threatened, is abortion permissible. With regard to "health," the definition provided by Roe is too broad to meet the stringent requirements of Jewish law and principles. There are 1.3 million abortions performed in America each year, and most don't fall into the category of "serious health threat to the mother."

G-d created us not to follow Him as blind sheep, but to have freedom to choose good or evil. That does not mean G-d approves of an evil action, just because a corrupt government grants us the freedom to choose it. As stated in Isaiah 5:20, "Woe upon those who say that bad is good, and good is bad." Wrong remains wrong no matter how many people say it's right. Applying negative terms such as "parasite" to an unborn child in an attempt to justify legal abortion is wrong.

Judaism is a pro-life religion. Any attempts by special interest groups to distort Scripture by embracing a "Jewish pro-choice" abortion ethic is wrong and must be denounced.

© 2004 Jews For Life

Links to Excellent Jewish Websites and Organizations:

Family Defense Council
Website: http://www.familydefensecouncil.com
P.O. Box 310478
Jamaica, NY 11431-0478

Founded by Chairman Howard Hurwitz, The Family Defense Council makes a point of "taking issue against modes of living antithetical to traditional family values." On the Homepage, Mr. Hurwitz publishes correspondence to individuals and groups that have supported radical ideas and causes. He exposes the hypocrisy of various "Jewish" organizations and rabbis whose positions threaten morality and family values.

Jews For Morality
Website: http://www.jewsformorality.org
P.O. Box 262
Gravesend Station
Brooklyn, NY 11223

Jews For Morality, an organization founded by Rabbi Yehuda Levin, reports on the "socio-moral issues of the day from a Traditional Jewish Perspective." Provocative and inspiring essays and articles tackle disturbing issues that have contributed to the decadence and decaying of morals in our culture. Homosexuality, abortion, euthanasia, the war against religion, school prayer, feminism and the assault on marriage and family values are among the many issues covered. Updated regularly.

Meaningful Life Learning Center
Website: http://www.meaningfullife.org
E-mail: wisdomreb@aol.com
Suite 303
788 Eastern Parkway
Brooklyn, NY 11213

You matter. I matter. We all matter. That is the message Rabbi Simon Jacobson imparts from his website, and his wonderful radio show. In his words: "This world can only change when every person recognizes that he or she is a critical and indispensable musical note in this grand cosmic composition." The rabbi accomplishes his goal with articles, his radio talk program (Sunday nights, WEVD 1050AM, 6-7 pm), and Meaningful Wednesday Night Classes at 8 PM, at 346 W. 89th Street in Manhattan. Transcripts of the radio show are available on his website. A detailed article on the subject of abortion is available at the site, which is a transcript of one of the rabbi's earlier shows. You can write to the rabbi if you have a question regarding your own circumstances.

Toward Tradition
Website: http://www.towardtradition.org
Yarden Weidenfeld, National Director
Rabbi Daniel Lapin, President
P.O. Box 58
Mercer Island, WA 98040
Telephone: 1(800) 591-7579

Their mission statement: "Toward Tradition is a national educational movement of Jews and Christians and other Americans seeking to advance the nation toward traditional, faith based, American principles of constitutional and limited government, the rule of law, representative democracy, free markets, a strong military, and a moral public culture." They hold local and national events, including national conferences, and put out a regular newsletter and policy papers on a range of topics. Toward Tradition broadcasts press releases and distributes audio cassette lectures and printed material. Rabbi Lapin, President of Toward Tradition, authored the book "America's Real War," which critiques our society and the prevalence of moral decay in our modern culture. Very informative book, coming from the perspective of an Orthodox rabbi.

Places to Go to Get Religion:
http://aish.com
http://jewishamerica.com
http://torah.org
http://www.vbm-torah.org/salt.htm

This site is SALT (Surf A Little Torah). It is my favorite site for Torah learning. You can take a short, five-minute lesson, or if you want more than a pinch, you can click on the weekly full-length shiurim. I LOVE this site, you will too.

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