law, an argument in which liberals as well as the orthodox can and ought to take part.
I. ABORTION IN THE HALAKHIC SOURCES.
This is not the setting for a comprehensive survey of the halakhic literature on abortion.'® Yet in order to trace the formation of the orthodox halakhic consensus, and as a necessary basis for the analysis which follows in Section II, I do need to sketch in broadest outline the halakhic discussion of abortion, which customarily begins with a consideration of M. Ohalot 7:6, the only mention of therapeutic abortion in the entire Mishnah :
When a woman has travail during childbirth, the fetus is dismembered in her womb and is extracted limb by limb, because her life precedes its life[mipnei shehayeha qodmin lehayav).
Once the major part of it'' has emerged it may not be touched, because the life of one person does not override the life of another person[ein dohin nefesh mipnei nefesh].
Rav Huna said: when a minor pursues another with intent to kill, he may be stopped even at the cost of his life. Rav Huna reasons: a pursuer need not be forewarned,'? whether he is an adult or a minor.
Rav Hisda objects:"once the major part of it has emerged it may not be touched, because the life of one person does not override the life of another person." Why is this the case? Surely(the infant) is a pursuer! That case is different: she is being pursued from Heaven.