ABORTION AND THE HALAKHIC CONVERSATION

22. Resp. Maharit, Vol. 1, no 99. On the apparent contradiction between this feshuvah and Trani's responsum Vol. 1, no. 97, see below in the text.

23. Trani cites the sources referred to in note 16, above.

24. Havat Yair, no. 31.

25. See Tosafot, Hulin 33a, s.v. ehad, and San. 59a, and Tosafot, s.v. leika. It should be noted, however, that not all posgim hold that Gentiles are prohibited from destroying the fetus; if that is correct, then the analogy to Jews collapses. See R. Haim Ozer Grodzinsky, Ahiezer, v. III, no. 65, sec.

14.

26. See the text at note 13. Rashi writes that"it is permitted to kill[the fetus] fo save its mother [emphasis added]."

27. Norman Solomon , The Analytic Movement: Hayyim Soloveitchik and His Circle, Atlanta ,

1993. The book is based upon the author's dissertation and upon several articles previously published. These include"Definition and Classification in the Works of the Lithuanian Halakhists," Dinei Israel 6, 1975, and"Hilluq and Hakira: A Study in the Method of the Lithuanian Halakhists," Dinei Israel 4, 1973. Solomon regards Soloveitchik's novellac on Maimonides as the"classic" work of the Analytical school; see Analytic Movement, p. 49.

28. The following anecdote, reported by Solomon , p. 50, as well as others, illustrates the situation nicely. R. Haim's father, R. Yosef Baer Soloveitchik(d. 1892) is said to have remarked:"When anyone asks me to solve a problem about a passage from Maimonides or the Talmud , I look into it deeply and answer. Both of us are happy; I, that I have been able to solve the problem, and the questioner, because his problem is solved. But it is not so with my son. If anyone asks him a question neither is satisfied. With his brilliant and penetrating mind he completely destroys the question. As there is no question any more there is no opportunity for a reply."

29. See Solomon in all his writings and S.J. Zevin, Ishim veShitot, Tel Aviv , 1952, pp. 43-85 on Soloveitchik. As Solomon notes, this approach justifies the use of the term"analytic" as applied to the Lithuanian school: just as the twentieth-century English "analytical" philosophers claim that philosophical problems often arise from a lack of linguistic clarity, so too do halakhic disputes vanish once we redefine the terms of the discussion(Analytic Movement, p. 50).

30. Hiddushei Rabbenu Haim Halevy al haRambam, Hilkhot Rotseah 1:9. This, as Solomon notes, is Soloveitchik's"one authentic published work"(Analytic Movement, p. 49).

31. Leviticus 18:5; Yoma 85b and all the authorities.

32. Leviticus 19:16; San. 73a; Yad, Hil. Rotzeah 1:14.