A post on another forum got me wondering: What is the Jewish view on abortion? On contraception?

Shalom Paulette,

Shemos (Exodus) 21:22 - "If men fight together and (accidentally) hit a pregnant woman so that she aborts the baby, but there is no fatal result (to the woman), then he is to be punished by a fine."

I have seen this Verse used incorrectly by pro-choicers to contend that the unborn baby must have very little value, if only a fine is assessed for its abortion. The opposite is the truth of the matter. HOW MUCH MORESO is the penalty for intentional destruction (murder) of this unborn child?

Judaism allows for abortion, in fact mandates abortion, in cases where there is a high risk that the mother will die if she continues to carry, and there are no other workable options, such as C-section. In all cases a proper rabbinic authority should be consulted.

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I wish to note that God's Jewish laws on abortion are not identical to God's Noachide laws on abortion, which is a separate discussion.

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If a Jew is considering birth control, a proper halachic authority should be consulted for a heter (permission). There are circumstances by which a "temporary" heter would likely (but not definitely) be given.

Then there are halachic issues with the TYPE of birth control. For example, most birth control is of a form which keeps conception from occurring. Some birth control however, works AFTER conception, "morning after," and those are actually early abortion methods, and not birth control methods.

Regards, Eliahu

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I have seen this Verse used incorrectly by pro-choicers

I'm sorry to go off on a little tangent here, but the use of the word pro-choice bothers me. Those who claim to be 'pro-choice' - are they really pro-choice or are they pro-abortion? If they are pro-choice, do they give the woman the information needed to make an informed decision? Do they counsel her, and help her to see how she might feel once the shock has worn off? Do they inform her that having an abortion puts her at an increased risk of miscarrying any future pregnancies? Do they ask her to think how she might feel in, for example, 18 months from now, when she sees a cute baby the same age her child would have been? Do they tell her what having a baby entails? Do they explore other options with her?

I'm afraid that in many cases, the answers are no. Studies have shown that many women who have had abortions, later regretted those abortions and felt that they were not given clear other options, and they were pressured into the decision.

So let's not call them 'pro-choice' but 'pro abortion'.

Halakha strictly forbids abortion except in cases wherein the pregnancy clearly seriously endangers the womans life and there is absolutely no other way to save her, and it is sure that this will save her. Even in such a case the decision is not easily taken.
I will give a case in example. My mother (o.b.m) developed some blood disorder as a result of the pregnancy. Doctors in Rehovoth where she & my father (obm) lived at the time, said she was bound to die if she did not abort and would live if she did. She was of an orthodox and a nurse, & though only 5 ft tall was fiesty, so she did not so easily listen to the doctors. She had previously worked with Rav Dr. Wallach in the Original Shaarei Tsedek hospital in Yeruhsalayim, & she callled to ask him. He responded, "Tell them that I said they are idiots, wait a couple days to hear more from me." He went to the Chief Rabbis, Rav Dushinsky za"l & Rav Uziel za"l. They gave their blessings for full recover and a healthy easy birth. The disease disappeared as if it never was. I was born (albeit Rehovoth including the hospital inder Stuka bombardment), and she gave birth to 3 more children as the years went by.

I work a lot with health care in Israel, & have very strong reason to suspect that many "serious reasons for aborting" are the figment of the physicians imagination. I can even prove it. Why? This is not the place/time.

As for contraception. It is basically forbidden except when really needed for the health of the woman or it being proven by hard fact that she os incapable of birthing a viable child. Again many woman could keep giving birth if te doctors would be giving them the post natal care needed to keep them healthy and strong, instead of drying them out and depressing them.

When a woman asks us about it, we 1st instruct her how to get sufficient nourishment, hydration, and rest, also emotional spiritual strength. After that they ususlay have no needor desire for contraception.

Rav Bazri shlit"a teaches that all the "reasons" that show up to prevent a couple from bringing children to the world are an "aspect of Pharoah".
Bebrakoth HaTorah
Rav Yaakov B

quote:

If they are pro-choice, do they give the woman the information needed to make an informed decision?

Actually, I believe that in most countries where abortion is legal, there are also laws put in place to ensure that abortion is only granted after several visists with a doctor and/or a certified nurse, and I know that at least here, they have to give all the infomation available under pain of loosing their license to practice medicine if they do not.

I have always understood 'pro-choice' to mean that abortion should be legal and available to those who need it, and that it should be the moral decision of the woman, not the decision of the government whether or not to have an abortion - not that people are pro-abortion by definition just because they accept abortion as a possible solution to a difficult situation.

The sugya of abortion is Sanhedrin 57b that a Ben Noach is Chayiv if he aborts, since it says "The one that spills blood of a human in a human etc." What is a human in a human but a fetus.

For Jews, we learn it from the rule that there is nothing that is forbidden to a non Jew and permitted to a Jew, as tosfos points out in 59a.

Yes Eliyahu you may.
I saw your wonderful website too, Kol haKavod. Keep up the good work.
Bebrakha

I need for this to be more clear. It sounds like you are saying that chemical methods are not allowed, and that of course "after-the-fact" methods are not allowed. Is the barrier method okay? Abstinence?

Also, I'm curious about "emotional reasons" to use contraceptives. My husband's first wife cheated on him and ran off after seven years and three children. When I married him, he refused to have children for seven years, to make sure I would still love him after that time. (It was extremely hurtful to him to be separated from his children and he said he couldn't bear for it to happen again.) Of course I knew I would not stray, but to him the fear was real. Was he still going against Torah? (By the way, we do have children now and he is SOOO happy- as am I.)

Rav Yackovi Bar Nahman, that was a WONDERFUL story, and I can tell without knowing you that the world is a better place because your mother made that decision.

quote:

Originally posted by Paulette:
I need for this to be more clear. It sounds like you are saying that chemical methods are not allowed, and that of course "after-the-fact" methods are not allowed. Is the barrier method okay? Abstinence?

I think you'll find that the contraceptive pill is the preferred method as it does not actually interfere with the sperm reaching where it should.

Abstinence is not really an option. Neither is the Catholic "rhythm" method as that requires intercourse during the period when the woman will be a Niddah.

Shalom Paulette,

I am assuming you are Jewish, and this answer is intended only for Jews.

A Jew needs to have a competent orthodox rabbi to discuss the situation with. If he agrees that contraceptives are to be allowed for a certain period of time, the Jew will have received a heter (permission) from the rabbi, and receiving such a heter is very important. (Do not go to a conservative or reform rabbi for ANY matters of Jewish law, including matters of birth control.)

When the rabbi gives the heter, he should also give his heter on what forms of birth control will be permitted. There are many issues involved so I won't try to go into any detail. I will say Paulette, that chemicals could be allowed depending on the circumstances. As I have said before, the overriding issue is whether the birth control method is one that prevents conception, or one that will act upon or also act upon the woman AFTER conception.

Discuss barrier methods with your rabbi.

Regard, Eliahu

About 15 or so years ago, while at a lunch break between convenings in the Knesset, Rabbi Avrohom Yosef Shapira,ZL, of the Aguda party called the majority of the Knesst members to enter a side chamber. When each one entered, he saw that inside were gathered assorted children, from age 4-10, playing, laughing and in turn, socializing with the Knesset members. Rabbi Shapiro asked all members to first mingle with the kids before he will reveal a secret about them. After 20 minutes of the members enjoying their interaction with the adolescents, Rabbi Shapiro revealed the secret;that these were all children born to mothers who were advised by social workers, out of financial reasons, to abort their pregnancy.Hugging those laughing kids in his arms, Rabbi Shapiro announced-"You see? These beautiful, wonderful children....could all be DEAD!! Yes...by decree of the social workers...DEAD! No laughs, no giggles, no vibrancy..." Some shed tears, most swallowed in emotion. Impact of a Mack truck.

Eliahu's repsonse is well put.
I will add that there is another option that is sometimes used here. BUT it is not easy and demands full agreement of both members of the couple. It is that they refrain from "being together" for a full week after the mikveh. By that time the egg is in 99% of the time no longer there or viable, therefore no pregnancy. The "problem" is that it cuts the time they can be together to 1 week instead of 2.
The plus side is that you have absolute zero side effects from drugs etc.

I do repeat however that THE MORE IMPORTANT thing to do is to boost the health - vitality & moralle of the woman so that she will not feel a need for contraception. Or in the case mentioned above of the man who feared being left again, HE should have given treatment to overcome the emotional trauma so as to be cofortablle & sure with his new wife. Those years of his "paranoia" were most likely hard for her & therefore also left a mark on the couple.

This all reminds me a story of "The wise men of Chelm". One day a large sinkhole opened in the midst of a main road in Chelm. The town wisemen gathered to find a solution to the problem. The typically ludricrous Suggestions ranged from putting up signs nearby to building a hospital nearby to treat the unfortunate who would fall into the hole. When one passerby suggested that they simply fill up the hole with stones a earth and tamp it down to firm again he was laughed at.
I presume all understand the connection. My dear brothers/sisters sons/daughters, "Fill the hole" instead of straining yourselves with what to do around it. A couple has a problem that SEEMS to require contraception, take proper full care of the problem so that contraception will not be needed! Counseling, vitamins, better diet, help in the house for a while etc..
Think well about this point: We are told by Hhaza"l that Mashiahh will not arrive until the storehouse of souls is emptied. Therefore every Jewish baby born brings Mashiahh closer, every contraception pushes the Geula further away!
Who knows, maybe YOU are of right line among the descendants of King David, maybe the very baby that YOU think of preventing from being born (be it contraception or G-d forbid abortion) is the Mashiahh!
Mashiahh won't know he is Mashiahh until he is called upon to be crowned, so definitely his parents won't know beforehand either. Why take the chance of delaying the Geula Shleima?
Bebrakha
Rav Yaakov Bar-Nahman

It is FAR from clear that the prohibition behind abortion is that of murder. Especially before 40 days gestation. Rav Yaaqov Emden (quoted by the Tzitz Eliezer) says it's prohibited as "spilling seed". This argument would only work for Jews, non-Jews have no such prohibition.

So, it would seem that according to them, the prohibition against abortion WRT to Jews is two part: spilling of seed (which sounds weird to me in English) and the prohibition against being less moral than the non-Jew, for whom it would be murder.

On the other hand, Rav Moshe Feinstein zt"l ruled that abortion is murder, however a kind of murder not punished by death. R' Yosef-Gavriel Bechhofer (author of "Eiruvin in Modern Metropolitan Areas" and the Bigdei Sheish on a couple of tractates and the book of Judges) tells me that this is the position of Rav Chaim Brisker as well.

One case I was peripherally involved in involved a Satmar rape victim. I knew the victim's psychotherapist, who is a woman, and she wanted a man to help her approach the Satmar Rav a"h. The Satmar Rav pasqened that the potential mental trauma of the girl raising the product of her rape qualified as "life threatening" -- in the sense that the insane aren't obligated in mitzvos. This was before day 40.

Could you picture a similar ruling that it would be okay to shoot someone if that would help you stay sane?

The case also drummed home to me the problem of supporting an anti-abortion law. Rape is one of the cases that few pro-life supporters would try to include in such a law. But there are many cases where we would be obligated to permit an abortion that would be illegal, and by one of the strictest duties on the books -- to save a life.

If abortion isn't murder for Jews, then we must allow even a million abortions per mother saved.

Even if abortion is murder, but it's Doche a life of the actual living, as it says in Sanhedrin 72b, that until it sticks out it's head you can chop it up to save the mother's life. After it sticks out, then we don't push off one soul for another. Tosfos 59a D"H Leikah says that this could apply for Non Jews also, even though it's murder for them. It would seem that it's an inferior soul that we would say that a living person's blood is "redder" than the fetus, so we would knock off the inferior fetus to save the superior person. (Since the whole prohibition to kill someone to save someone else is logical, so over here the logic works to permit it, as we wrote.)

Of course, the Satmar Rav's P'sak is a Chidush, and can never really be compared to all rapes to blanketly call it life threatening. It needs a real P'sak from a competent Posek that is a great Yoreh Shamayim. Thus, as long as the laws do not include even when it's life threatening, then all laws would be fine.

Dear Rav Yaakovi Bar Nahman,
I get the impression that you sometimes counsel women who feel burdened with having (or anticipating) large families. Your advice about proper nutrition, help around the house, etc., is quite sound, but might I add one more thing? Mothers of young children don't only suffer from physical hardships; there are mental hardships, too. While they love playing with their children, they also practically go crazy yearning for some kind of brain stimulation. So, it is equally important to counsel them to get together with other families for playtime so they can have stimulating conversation with other mothers, or start a hobby, or take an on-line course, or something else that will relieve the boredom. Another idea is that she listen to talk radio or audio books while doing housework. (This really helps me.) Perhaps this is something you already discuss with the people you counsel, and if so, please forgive ME for boring YOU!

Hhas veshalom PAulette you have not bored me. Your point is well made & yes we do suggest as you mentioned. My wife also has a womens tehilim group & Shemot Hatsadikim group that she invites women to which gets them out of their 4 walls to meet other women yet is for a Kodesh cause, helps them spiritualy & emotionaly/mentally. Often there is also a chance to chat afterwards. Also the clothing Gma'hh she operates in a hut in our back yard gives many women a chance to "go shopping" for next to nothing, chat with her & other women who arrive too. Sometimes they come with their children so we have quite a gathering of all those little guys (average family here 6 children) playing while the mothers are chatting.

As for boredom.... When a 5 year old gives his version of what his rebbe/teacher taught about the Parshat Hashavua you sometimes have a hard time not falling over laughing. By 6 they catch on better & can be fascinating especially since here they learn bits of midrashim too plus halakha etc. By the time they're in 4th or 5th grade they are spouting halakha, mishna, midrashim, pla'oth haboreh & explaining to Ima things which can be very brain stimulating, & of course boys will be boys, so when there are 4 or 5 or more in a family it's never boring.

regarding Micha's post on abortion=murder. Yes you well mentioned the point, by now many other Rabanim have decreed that it is indeed murder.

So you ask can one shoot someone who one feels is driving him crazy? No, not at all. In the Satmar Rav's Psak it was someone else, a 3rd party, who conceived the question, asked & performed the task for the "endangered". This is an important difference, 2ndly as Rav Chaim pointed out the fetus is not yet an wholly independant seperate life form in Galui. I will point out that part of the reasoning that permits the ruling in Sanhedrin 72b is that we know that the mother is alive & likely to keep living if not drasticaly endangered, yet the fetus is still a question mark as to its future viability. So while we have VERY limited openings to forcefully terminate its existance, the surely alive has precedance for protection over the doubtful. This is a reasoning similar to "triage" in war/terror attack or massive hazard emergency medical care. A task I hated & always avoided when I worked more actively in hospital & field medicine.

Therefore if it was considered that the raped woman would be likely to go really insane there was the danger of becoming totaly incompetant which is a spiritualy/emotionaly near death condition, & there is also the danger of suicide hhas veshalom. An aspect which I am sure that the Satmar Rav was aware & took into consideration.
Another angle to help learn the sugiya is this. After the phenominal courageous Entebee rescue years ago, someone asked Rav Shakh za"l what he thought of it. He answered, "Very brave, great hearted, & good you didn't ask me before it was done for I would has said Asur, one may not risk the life of many for an attempted risky rescue effort of several which is too likely to result in the would be rescuers dying along with the prisoners."

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I will add that there is another option that is sometimes used here. BUT it is not easy and demands full agreement of both members of the couple. It is that they refrain from "being together" for a full week after the mikveh.

Do you mean that they delay going to the mikva? Is that allowed? I thought that one isn't supposed to delay mikva night?

If you meant that she goes to mikva as soon as she can and they aren't 'together' for the first week, isn't that also problematic, since one is supposed to be together on mikva night.

Also why is this any better than taking contraceptives? The couple are still preventing a child from being conceived.

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If you meant that she goes to mikva as soon as she can and they aren't 'together' for the first week, isn't that also problematic, since one is supposed to be together on mikva night.

Also why is this any better than taking contraceptives? The couple are still preventing a child from being conceived.
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The prohibition of delaying is if it is done out of spite, meanness refusal to perform a commandment etc. However in this case we are talking about an alternative for health reasons. If a woman is sufficiently ill that it could harm her, wear her out etc she is Patur, ditto the husband. So here too we for health purposes delay the being together until 1 week after the tevila.
It is different because mechanical contraception is preventing the already expressed seed from reaching the egg. This was the sin of Onan for which he was killed by Hashem. But in the above method there is no expressed seed, for obvious reason.
Again the best method is getting the new mom healthy and happy so no prevention would be needed.
bebrakha