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But if any harm follow — An opinion on the controversial issues of abortion thou shall give life for life" Ex. According to the Septuagint the term "harm" applied to the fetus and not to the woman, and a distinction is drawn between the abortion of a fetus which has not yet assumed complete shape — for which there is the monetary penalty — and the abortion of a fetus which has assumed complete shape — for which the penalty is "life for life.
Geiger deduces from this the existence of an ancient law according to which contrary to talmudic halakhah the penalty for aborting a fetus of completed shape was death Ha-Mikra ve-Targumav, —1, —4.
The talmudic scholars, however, maintained that the word "harm" refers to the woman and not to the fetus, since the scriptural injunction, "He that smiteth a man so that he dieth, shall surely be put to death" Ex. Epstein-Melamed, ; also Mekh.
According to the laws of the ancient East Sumer, Assyria, the Hittitespunishment for inflicting an aborting blow was monetary and sometimes even flagellation, but not death except for one provision in Assyrian law concerning willful abortion, self-inflicted.
In the Code of Hammurapi no. If the woman should die, he who struck the blow shall be put to death. Mishpatim 4 and see Sanh. In the view of R. Ishmael, only a Gentileto whom some of the basic transgressions applied with greater stringency, incurred the death penalty for causing the loss of the fetus Sanh.
Thus abortion, although prohibited, does not constitute murder Tos. By virtue of this Israel went out of bondage" Zohar, Ex. Thus, "if a woman travails to give birth [and it is feared she may die], one may sever the fetus from her womb and extract it, member by member, for her life takes precedence over his" Oho.
This is the case only as long as the fetus has not emerged into the world, when it is not a life at all and "it may be killed and the mother saved" Rashi and Meiri, Sanh.
Even though one is enjoined to save a person who is being pursued, if necessary by killing the pursuer see Penal Lawthe law distinguishes between a fetus which has emerged into the world and a "pursuer," since "she [the mother] is pursued from heaven" Sanh.
In the Codes Some authorities permit abortion only when there is danger to the life of the mother deriving from the fetus "because it is pursuing to kill her" Maim. In the Kovno ghetto, at the time of the Holocaust, the Germans decreed that every Jewish woman falling pregnant shall be killed together with her fetus.
The permissibility of abortion has also been discussed in relation to a pregnancy resulting from a prohibited i. In recent years the question of the permissibility of an abortion has also been raised in cases where there is the fear that birth may be given to a child suffering from a mental or physical defect because of an illness, such as rubeola or measles, contracted by the mother or due to the aftereffects of drugs, such as thalidomide, taken by her.
Unterman, Zweig, in bibliography.
An important factor in deciding whether or not an abortion should be permitted is the stage of the pregnancy: Contemporary Authorities Contemporary halakhic authorities adopted a strict approach towards the problem of abortion.
Isser Yehuda Unterman defined the abortion of a fetus as "tantamount to murder," subject to a biblical prohibition. Moses Feinstein adopted a particularly strict approach. In his view, abortion would only be permitted if the doctors determined that there was a high probability that the mother would die were the pregnancy to be continued.
This is the case even if bringing the child into the world will cause intense suffering and distress, to both the newborn and his parents. Feinstein, the prohibition on abortion also applies where the pregnancy was the result of forbidden sexual relations, which would result in the birth of a mamzer.
Other halakhic authorities — foremost among them R.
Eliezer Waldenberg — continued the line of the accepted halakhic position whereby the killing of a fetus did not constitute homicide, being a prohibition by virtue of the reasons mentioned above. Moreover, according to the majority of authorities, the prohibition was of rabbinic origin.
In the case of a fetus suffering from Tay-Sachs disease R. Quite frequently, however, the condition of such a child is far better than that of the child suffering from Tay-Sachs, both in terms of his chances of survival and in terms of his physical and mental condition.
Accordingly, "From this [i. In concluding his responsum, R. Feinstein writes of "the need to rule strictly in light of the great laxity [in these matters] in the world and in Israel. In the State of Israel Abortion and attempted abortion were prohibited in the Criminal Law Ordinance of based on English lawon pain of imprisonment sec.
An amendment in to the above ordinance relieved the mother of criminal responsibility for a self-inflicted abortion, formerly also punishable sec. In this context, causing the death of a person in an attempt to perform an illegal abortion constituted manslaughter, for which the maximum penalty is life imprisonment.
Terms such as "endangerment of life" and "grievous harm or injury" were given a wide and liberal interpretation, even by the prosecution in considering whether or not to put offenders on trial.Jun 27, · Win McNamee via Getty Images Protesters demonstrate outside the Supreme Court as the court issues a ruling on a California law related to abortion issues on .
Activists who support the Affordable Care Act's employer contraceptive mandate demonstrate outside of the U.S. Supreme Court in Washington, D.C., U.S., on Monday, June 30, Should abortion be legal? This article will draw a distinction between abortion for convenience sake, and abortion for medical reasons, as well as abortion in the limited cases of rape/incest.
Looking at the issue of abortion, relying solely on reason which is a requirement of being a Deist, it. But as it turns out — and as it has turned out repeatedly over the course of his life — that was not, in fact, Trump’s final position on the subject. May 08, · But they all share three distinct qualities.
First, they are willing to disagree ferociously, but talk civilly, about nearly every meaningful subject: religion, abortion, immigration, the nature. Jul 20, · The Senate on Thursday voted to confirm John Bush, a controversial Kentucky lawyer nominated by President Trump, as a judge on the United States Court of Appeals for the Sixth Circuit.
Should abortion be legal? This article will draw a distinction between abortion for convenience sake, and abortion for medical reasons, as well as abortion in the limited cases of rape/incest. Looking at the issue of abortion, relying solely on reason which is a requirement of being a Deist, it. But as it turns out — and as it has turned out repeatedly over the course of his life — that was not, in fact, Trump’s final position on the subject. May 29, · WASHINGTON — The Supreme Court on Tuesday refused to hear a challenge to an Arkansas law that could force two of the state’s three abortion clinics to close.