Reproductive Rights and Jewish Tradition
Warning: These texts contemplate real-life circumstances and are particularly graphic and may be disturbing to some readers.
Here again, as in the issues I raised in the previous days’ kavanot, while there is clearly a distinction between a woman’s life and that of her developing fetus, Judaism is not without ambivalence when it comes to how we apply these ideas to modern methods of birth control and the termination of a pregnancy. As with so many ethical issues, texts that come to us from antiquity do not speak directly to the technical abilities of our generation. Often values have to be inferred and, of course, are open to a variety of conclusions.
When the threat to a pregnant mother’s life is evident, Judaism favors the mother up until the moment that the infant appears through the birth canal. Here is a classic Talmudic text: : “If a woman is in hard travail, one cuts up the child in her womb and brings it forth member by member, because her life comes before that of [the child]. But if the greater part has proceeded forth, one may not touch it, for one may not set aside one person’s life for that of another.” (Oholot 7:6) The unborn baby is notably called a pursuer after the life of the mother and their life may be taken to save the pursued (the mother). This extreme and graphic example emphasizes the distinction which is made between the life of the mature mother and the potential life of the yet unborn infant whichis perceived to be a threat to her wellbeing. Under what circumstances would a birth be a threat to the wellbeing of a mother today? What do you believe rises to the level that would justify terminating a pregnancy?
Many of the texts that reflect a prioritizing of the life of the mother are derived from Exodus 21:22 where one of two quarreling men accidentally strike a pregnant woman and cause a miscarriage. Here, compensation is made to the woman’s husband (a reflection of ancient notions of who “owns” the infant) and the offender is not charged with murder. The idea that the termination of a pregnancy by artificial means results in financial compensation stands as evidence that from a legal and moral perspective, the fetus is an extension of the mother’s body. Just as one would pay compensation for the loss of a limb, so too is compensation paid for an inadvertent termination of a pregnancy. Of course, what must be considered here is that the harm is unintentional, which is not analogous in many ways to a chemically or surgically induced abortion. To what extent do you believe that this principle can also be applied to how we understand the so-called “rights” of a fetus today?
Notably, chemical birth control, as we know it, is clearly not discussed as it was non-existent in antiquity, but obstacles to impregnation were known and permitted in certain cases. See here. There is a discussion in the Talmud of an elixir that was believed to result in sterility for a woman and this is the basis for Orthodox Judaism’s approval of chemical birth control. It is notable that many of the prohibitions derive from concern for the potential harm a pregnancy might bring to the mother. Up until recently, humanity did not understand the procreative process and was unaware of the existence of the ovum; given our more sophisticated understanding of conception, are ancient discussions of birth control relevant today?
While this brief review certainly doesn’t cover the entirety of the centuries long conversation, including the position of the Reform Movement, I’ve attempted to reflect the complexity of the conversation. For a longer review look here.
Summarizing the last three days of Kavanot, I’ve endeavored to make the case that as Jews, our tradition can serve to inform our own conclusions about major issues facing our society and, most importantly, we must recognize that Judaism is not irrelevant to these issues. We can choose to turn aside and ignore the questions raised by our tradition or we can deepen our own sense of ethics by contemplating the conflicting values raised in the richness of Jewish thought. Clearly, I believe that a deep dive into Jewish sources, and a contemplation of the issues raised, serves us well in the formation of our own opinions as we face the challenges of our times.
— Rabbi Ron Stern