ABORTION AND THE HALAKHIC CONVERSATION A Liberal Perspective

Mark Washofsky

Testifying before the United States Congress in 1976, Rabbi Balfour Brickner of the Union of American Hebrew Congregations argued in support of a woman's right to an abortion under the law. His statement made brief reference to the Jewish tradition on the subject of abortion. Citing several passages from the literature of halakhah, Jewish law, he argued that the tradition supports the"pro-choice" stance of the Reform movement and other liberal and secular Jewish organizations. Nonetheless, he noted,"despite this plethora of evidence from Judaism recognizing the legality of abortion, Orthodox Jewish authorities have taken and continue to hold a negative view toward abortion."

Brickner's summary, a fair description of the political dispute on the subject within the American Jewish community, suggests that there is a legitimate difference of opinion over the teaching of Jewish tradition on abortion. Jewish law, that is to say, can plausibly be interpreted in either direction: liberals read it leniently while the orthodox emphasize its stringent side. Such characterizations, however, bring howls of protest from orthodox spokesmen, who argue that the difference is hardly"legitimate." There is, they say, no"plethora of evidence" in Jewish tradition in support of abortion rights. To the contrary: halakhah"flatly prohibits abortions in all but exceptional cases."” This position, as summarized by Rabbi Dr. Moshe Tendler , a scientist and eminent halakhist, holds as follows:

Abortion defies the prohibition of killing... It is not permissible according to Jewish law to destroy a fetus, except in the classic rabbinic situation of the rodef(literally, "pursuer"), who is threatening the life of another. Such a person must be stopped even if it means killing him... A pregnant woman whose life is in danger, physiologically or psychologically, may have an abortion to eliminate the threat to her life.