A Torah View on Abortion

In June 2022, the landmark decision of the United States’s law to protect the right to an abortion, Roe vs Wade, was overturned. The practical implication was that in many states in the USA, having an abortion for any reason other than to save the life of the mother, became illegal. While many praised this decision (the ‘pro-life’ camp), many mourned it (the ‘pro-choice’ camp) and what they perceived as its effect on women’s health and rights. The Orthodox Union at the time responded to the overturn with a thoughtful statement, which reflects the Jewish approach to the issue: 

The Orthodox Union is unable to either mourn or celebrate the news reports of the U.S. Supreme Court’s likely overturning of Roe v Wade. We cannot support absolute bans on abortion — at any time point in a pregnancy—that would not allow access to abortion in life saving situations. Similarly, we cannot support legislation that permits “abortion on demand” — at any time point in a pregnancy — and does not confine abortion to situations in which medical (including mental health) professionals affirm that carrying the pregnancy to term poses real risk to the life of the mother.¹

Judaism is a religion that places the value of life at the top of the agenda, the prime illustration of this is in the instruction to preserve life, even at the expense of mitzvot, a mitzvah and concept we call pikuach nefesh. For this reason, it should come as no surprise that Halacha does not sanction abortion as the right of the mother. Halacha values each individual life, including that of the fetus, and also values the blessing and miracle of pregnancy. That said, long before Roe vs Wade, our rabbis have been debating cases in which termination may in fact be acceptable or even necessary based on the premise of the value of life. The Halachic discussion is far too long for an article of this scope²; here we will look just at a few aspects of the issur (prohibition) and see the differing opinions of two contemporary poskim. On the matter of abortion we will discover yet another area where Halacha guides us in complex moral and ethical dilemmas, all the while upholding the value and blessing of life. It goes without saying, that each case in which the question of the permissibility of an abortion arises, needs to be carefully reviewed by competent and sensitive halachic and medical authorities. 

The Prohibition

The first reference to abortion can be found in the Mishna³, when the Rabbis debate what should be done if a woman who is in labor is jeopardized due to the birthing of her fetus. The answer there is that it be killed in order to save her. If, however, it has been partially delivered, we do not, as we may not place one life above the other. We see from this that while inside the mother, the fetus is not exactly considered an independent being. This is significant for the authorities who do permit abortion in certain cases. The other significant factor is whether the issur is of Biblical or Rabbinic origin. The Rambam held that the issur of abortion is a Biblical prohibition of murder and that the only case in which it would be allowed is one of pikuach nefesh of the mother. Following this shita, this was also the opinion of Rav Moshe Feinstein. Rav Moshe lived in a vastly different age to the Rambam, one in which the discovery of genetic disorders and potential risk to the mothers life could be known in advance of a birth. The medical leaps forward did not alter his opinion and in his teshuva, he specifically mentions that a baby having the very difficult genetic disorder of tay-sachs is not a reason to abort⁴.

Judaism is a religion that places the value of life at the top of the agenda, the prime illustration of this is in the instruction to preserve life, even at the expense of mitzvot, a mitzvah and concept we call pikuach nefesh. For this reason, it should come as no surprise that Halacha does not sanction abortion as the right of the mother. Halacha values each individual life, including that of the fetus, and also values the blessing and miracle of pregnancy.

The Tzitz Eliezer famously takes a different approach, based on other Rishonim⁵ and allows for abortion under certain conditions, in the case of ‘a great need’. What constitutes a great need can include physical suffering for the mother, as well as her psychological and mental welfare, or physical suffering of a child. This is where the permissibility of a couple to abort a fetus that suffers from various genetic disorders or other congenital conditions can be found. It is also the source of some rabbis allowance for termination in the case of significant stress or difficulties.. An important distinction between the approach of the Tzitz Eliezer and Rav Moshe is in how they view the issur: while the Rambam and Rav Moshe consider it to be an issue deorayta (Torah prohibition) of murder, the Tzitz Eliezer deems the issue to be derabbanan (rabbinic), and therefore the legitimate concerns of the mother’s wellbeing take precedence over the fetus, who is not considered to be fully alive. 

Status of the fetus: Timing Matters 

An additional factor in the permissibility of an abortion is the status of the fetus, and the stage of the pregnancy. The Rabbanim delineated 5 stages of pregnancy, and in each the status of the unborn child changes. They are before forty days of gestation, after forty days, after the first trimester; after the first fetal movement, after viability and after delivery⁶. In general, it is preferable for a termination to take place in the earlier stages of a pregnancy, when the fetus has fewer of its necessary developmental features. In the earlier stages the fetus could be referred to as an “additional limb” of the mother, rather than an independent being⁷. Once a fetus reaches the stage of viability, in which it could survive outside of the womb, (around the 7th month) the issue of abortion becomes one of murder, and even the Tzitz Eliezer only allowed abortion in this case for pikuach nefesh. 

The Jewish approach to abortion shows us how moral and ethical considerations are expressed in Halacha and how sensitive Halacha is to the concept of life as a Divine blessing and a responsibility. For these reasons abortion is not simply a feminist right in a Jewish outlook. At the same time, Halacha recognizes the complexities of life, health and welfare, and where necessary, applies these concepts to the case of abortion as well.

The statement of the OU went on to say “As people of faith, we see life as a precious gift granted to us and maintained within us by God. Jewish law places paramount value on choosing life and mandates – not as a right but as a responsibility – safeguarding our own lives and the lives of others by behaving in a healthy and secure manner, doing everything in our power to save lives, and refraining from endangering others…”

While the world might narrow the matter down to life vs choice, the Jewish approach gives space to gray areas and complex realities. Moreover, through the wisdom of our Sages, we have tools to ethically navigate the unclear territory and bumpy roads of this subject. This wisdom and these tools ensure that in the journey we remember that the Divinity and value of life, from all possible angles, is at the helm. 

1. Statement of the Orthodox Union on the overturn of Roe vs Wade ↩︎
2. For a detailed analysis of the scope of the prohibition and it’s various applications, see Rav Ahron Lichtenstein here: https://etzion.org.il/en/halakha/studies-halakha/laws-technology-and-medicine/abortion-halakhic-perspective  ↩︎
3. Ohalot, Chaper 7, Mishna 6 ↩︎
4.  Igrot Moshe, Choshen Mishpat II: 69B ↩︎
5. Tzitz Eliezer, Volume 13:102. ↩︎
6. Tzitz Eliezer, Volume 13:102. ↩︎
7. See for example Chullin 58a, Bava Kama 78b-79a ↩︎