Feinstein writes, as does Bacharach, that abortion is prohibited to Jews because it is also prohibited to Gentiles. Moreover, the Tosafot defines feticide as a category of murder. This statement is somewhat problematic, since Tosafot Nidah 44a, s.v. ihu, suggests that it might be permitted to destroy a fetus(mutar lehorgo). But Feinstein tells us that the latter passage is clearly a scribal error and should be disregarded.” Feinstein also relies heavily upon the ruling of Rambam . He dismisses as"worthless" the suggestion that Rambam could possibly be wrong in his explanation of the warrant for abortion. Maimonides , after all, was a great scholar , and to claim that he was imprecise in his interpretation of Sanhedrin 72b is to show "contempt for all the rulings of Rambam throughout his Code." To support Rambam 's reading of the sugya, Feinstein proffers a formal rule of decisionmaking: we are not entitled to reject the rulings of the Rambam merely because we find them difficult. Who among us, after all, is worthy to disagree with him? His great contemporaries, men such as R. Avraham b. David of Posquierres who are worthy to express disagreement, do not object to this ruling. And if some of the very latest authorities(aharonei ha'aharonim) do object,*> we have but to remember that R. Haim Soloveitchik, the greatest of all recent sages(maran dedorot ha'aharonim shelifaneinu), has sufficiently explained Rambam 's position.** He then turns to the responsum of Mabharit, which as we have seen takes a relatively permissive position on abortion. He raises two problems against this responsum. It is, first of all, apparently contradicted by another of Trani 's rulings which takes a more stringent stance on the subject;** secondly,"how could he not mention the Rambam , who permits abortion only because it is a rodef, and the Tosafot, who forbid abortion on the grounds that it is prohibited to Gentiles?" We cannot rely upon Trani 's permissive responsum, which is clearly a forgery(teshuvah mezuyefer) written and attributed to him by some"misguided student."
Feinstein begins his final paragraph with the following: "I write this in light of the outbreak of licentious behavior
(hapritsah hagedolah) in many countries, including the state of Israel , which have permitted the killing of untold numbers
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