ABORTION Solomon B. Frechof
QUESTION: A young woman has contracted German measles in the third month of her pregnancy. Her doctor says that her sickness creates the possibility that the child, if born, may be deformed in body or mind. Some doctors, however, seem to doubt that this will happen. In other words, there are various opinions as to the probability of the child being born deformed. May she, according to Jewish law, or to Reform interpretation of Jewish law, have an abortion done to terminate the pregnancy?
ANSWER: The Mishnah (Oholot VIIL.6) says that if a woman has great difficulty in giving birth to her child(and if it seems as if she cannot survive), it is permitted to destroy the child to save her life. This permission to destroy a child to save the life of a mother is cited in all the codes and is finally fixed as law in the Shulhan Arukh(Hoshen Mishpat 425.2). This permission to destroy the child is only given in the case where it is necessary to save the mother. The law continues and says that if the child puts out its head or most of its body, it may no longer be killed to save the mother, since we do not "push aside one life for another." Therefore, this legal permission to destroy the child cannot be relevant in the case mentioned, in which the fetus in no way endangers the mother, and, therefore, on the ground of the law in Hoshen Mishpat there is no basis as yet to terminate the pregnancy.
However, Rashi to Sanhedrin 72b- where the law of the destruction of the child is cited from the Mishnah Oholot- feels it necessary to explain why the child must be spared if it puts forth its head and yet may be killed if it does not. His explanation(which is cited in later discussions) is of some relevance to our problem. He says that as long as it does not go forth "into the air of the world" it is not considered a nefesh and, therefore, may be slain to save the mother. From this we might conclude that an unborn fetus or infant is not considered a being, and may, if necessary, be destroyed. Yet even 50, In this case, the permission is given only to save the mother.