218 Selected Reform Responsa

The second source on the nature of the fetus is found in the Mishnah, which stated that it was permissible to kill a fetus if a woman's life is endangered by it during the process of giving birth. However, if a greater part of the fetus had emerged, or if the head had emerged, then the fetus possesses the status of a person and can not be dismembered as one may not take one life in order to save another (M. Ohalot 7.6). This view considers the unemerged fetus entirely part of the woman's body; as any of her limbs could be amputated to save her life, so may the fetus be destroyed. The same point of view was taken in another section of the Mishnah, which discussed the execution of a pregnant woman for a crime. The authorities would not wait for her to give birth even if that process had already begun (Arakhin 7a). The statement from Ohalot is contradicted by San. 72b and led to controversy in recent centuries(Akiba Eger and Tos. to M. Ohalot 7.6; Epstein , Aruk Hashulhan 425.7, etc.)

A tosefot to another section simply stated that it was permissible to kill an unborn fetus; this passage, which stands in isolation, is taken seriously by some authorities, while others say that it represents an error(Nid. 44b) and is contradicted elsewhere(San. 59a; Hul. 33a). The Mishnaic statement in Ohalot was based on two Biblical verses. In them the fetus was portrayed“in pursuit”(rodef) of the mother, and therefore, has endangered her life(Deut. 25. 11 fi Lev. 19.16; Yad Hil. Rotzeah Ushemirat Hanefesh 1.9; Shulhan Arukh Hoshen Mishpat 425.2). Maimonides , who did recognize the fetus as possessing some status, and Caro were willing to use either drugs or surgery in order to save the life of the mother.

Modern rabbinic authorities have felt that the variety of attitudes toward the fetus and embryo in the 7almud also point to potential restrictions in the matter of abortion. When we review the discussion of fetus and embryo, as it arose in various situations, we see that it was not treated consistently. Different criteria were applied when dealing with slaves, the problems of animal sacrifice and issues of inheritance. No uniform definition from talmudic sources can be