Jewish Ethics and Abortion

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Jewish Ethics and Abortion

The main ethical teaching in Judaism is the halakha, which is posited as a vehicle of

devotional ethics, inclusive of the seven Noachide Laws1 and there is a specific virtue that has

been reserved for those who would obey the commandment (Mitzvah).2 This is constructed on

the basis of the oft-cited rabbinic dictum that “God only dwells within the four ells of the law.”

Ultimately, this teaching is primarily derived from the Tanakh, the Jewish Bible.3 Its significance

is the provision of informed moral choices to the adherents, such as making decisions in favor of

methods involving less rather than significant destructions to the universe and its creation.

Conventional practices of the Jews are based on the careful reading of the Tanakh, which

eventually yields the “halakha”, the Jewish laws. Many of the fundamental Jewish texts assert

that unless the creation is born, for instance, the fetus, it does not attain the status of being a

person. Even though the Hebrew bible does not talk about abortion or miscarriage, the Jewish

law, halakha, is responsible for answering any arising discussion regarding Jewish ethics4

because it has myriad of religious viewpoints that seemingly determines what exactly defines

“life” or “personhood” for each individual. 

1
Hillary Putman on jewish Ethics (Pg. 159-165), The Blackwell Companion to Religious

Ethics. 1st ed. Williston: Wiley, 2008.

2
Hillary Putnam on Jewish Ethics (pg. 159-165), The Blackwell Companion to Religious

Ethics. 1st ed. Williston: Wiley, 2008.

3
Jewish Virtual Library, “The Tanakh,” America-Israeli Cooperative Enterprise, 2021,

https://www.jewishvirtuallibrary.org/the-tanakh
4
National Council of Jewish Women, n.d., “Judaism and Abortion,” NCJW,

https://www.ncjw.org/wp-content/uploads/2019/05/Judaism-and-Abortion-FINAL.pdf
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Basing on the Bal Toshkit, the destruction of God’s creation is prohibited (this includes

abortion). As such, Abortion is opposed by most orthodox Judaism, with

some authorities considering it as a form of murder. In today’s society, many Rabbis remain

unanimous in condemning Abortion as an unconscionable attack on the life of a being; in Jewish

law, good and evil, wrong and right remain to be absolute values that transcend environment,

time and place. These laws obtained from the commandments of the Torah defy the general

definition by human practicality and intuition. According to the Talmud, in case a woman is in

hard travail, and her life must be saved, the fetus must be extracted or aborted. The life of the

mother comes first, and the fetus is not considered to have life until it is born. Generally, the text

clearly reveals the unwillingness of classifying nonviable and deformed things as beings.5

Judaism divides the issue of Abortion into four aspects, including the legal status of the

fetus, duration of the ensoulment, circumstances under whereby therapeutic Abortion may occur,

and circumstances under which non-therapeutic Abortion may occur. Both consider the fetus as

part of the human body.

Legal status

As per the halakha (Jewish Pivot of Devotional behavior),6 the fetus cannot be regarded

as a being and thus does not possess its own juridical personality. Whereas considering the

potentiality of growing to a human being, the Talmud also considers the fetus not to be human

and clearly present the expression that “ubar yerech imo”, meaning the fetus appears like the

thigh of its mother, for instance, the fetus is part and parcel of the mother’s body.
5
Tirza, Meacham, “Abortion,” The Shalvi Encyclopedia of Jewish Women, 2021,

https://jwa.org/encyclopedia/article/abortion
6
Shaul Magid on Ethics Differentiated from Law (p. 176-187), The Blackwell

Companion to Religious Ethics. 1st ed. Williston: Wiley, 2008.

Ensoulment

In Judaism, the period of ensoulment is unclear at its best, and it is subject to a great deal

of disagreement and speculation. However, they say it has no answer and can only be revealed

when the Messiah comes back. Thus, ensoulment period remains to play no crucial role to make

them consider the fetus as a creation of human being.7

Therapeutic

Regarding this aspect, it is crucial to note that Mishna text does not offer any options in

the event that there is a need to protect the mother, since God would be angry, as he is angry to

angles celebrating the death of oppressors.8 For example, if the life of the fetus carrier is

threatened, the unborn child must be aborted, and she has no choice of sacrificing her life for that

of the fetus. Equally, after the child is born, there is no way it would be sacrificed for its mother;

for instance, they have a similar life claim.

Non-therapeutic

The primary consideration, in this case, is about the pain a mother feels. It is a

consideration for the woman involved, and it is the determinant of whether to permit or prohibit

an abortion. Precisely, it is on the issue that opinions diversity is now the greatest. In addition to

the time-honored traditions of the Jews, different movements of the Jews have their criteria of

determining the possibility of a woman aborting under non-therapeutic circumstances.

In conclusion, various pieces of evidence concerned with abortion, then, for Judaism,

seem pretty straightforward. Despite the law and teachings on ethics having different entities
7
Rabbi Raymond & Rabbi Richard, “Jewish Perspectives on Abortion,” Religious

Coalition for Reproductive Choice,” n.d., https://rcrc.org/jewish/

8
Foundations of Jewish Ethics (Jurgens, 2021).
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, rabbinic teachings and legal codes depict the fetus or the embryo as part of the body of the

woman. As a consequence, just as an individual is unable to mutilate their bodies wantonly, so it

is too that the woman as she is not allowed to obtain an abortion for her convenience reasons.

Bibliography

Hillary Putman on jewish Ethics (Pg. 159-165), The Blackwell Companion to Religious Ethics.

1st ed. Williston: Wiley, 2008.

Hillary Putnam on Jewish Ethics (pg. 159-165), The Blackwell Companion to Religious Ethics.

1st ed. Williston: Wiley, 2008.

National Council of Jewish Women, n.d., “Judaism and Abortion,” NCJW,

https://www.ncjw.org/wp-content/uploads/2019/05/Judaism-and-Abortion-FINAL.pdf.

Accessed August 5, 2021.

Shaul Magid on Ethics Differentiated from Law (p. 176-187), The Blackwell Companion to

Religious Ethics. 1st ed. Williston: Wiley, 2008.

Rabbi Raymond & Rabbi Richard, “Jewish Perspectives on Abortion,” Religious Coalition for

Reproductive Choice,” n.d., https://rcrc.org/jewish/. Accessed August 5, 2021.

9
Nancy Levene on From Law to Ethics and Back (p.188-196), The Blackwell Companion

to Religious Ethics. 1st ed. Williston: Wiley, 2008.

Foundations of Jewish Ethics (Jurgens, 2021).

Nancy Levene on From Law to Ethics and Back (p.188-196), The Blackwell Companion to

Religious Ethics. 1st ed. Williston: Wiley, 2008.

Jewish Virtual Library, “The Tanakh,” America-Israeli Cooperative Enterprise, 2021,

https://www.jewishvirtuallibrary.org/the-tanakh. Accessed August 5, 2021.

Tirza, Meacham, “Abortion,” The Shalvi Encyclopedia of Jewish Women, 2021,

https://jwa.org/encyclopedia/article/abortion. Accessed August 5, 2021.