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The fetus and fertility : essays and responsa / edited by Walter Jacob and Moshe Zemer
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WALTER JACOB

Some recent scholars have felt that only the argument of "pursuit" provides the proper basis for abortion when the mother's life is endangered. They reason that although the fetus is not a person(nefesh), it still possesses a special status, and therefore, should not be treated as nothing or destroyed for no good reason(Jacob Emden , Responsa Sheelat Yavetz, 1.43; Yair Bacharach , Havat Yair,#31; Eliezer Waldenberg , 7zitz Eliezer, Vol., #273, 9; Noam Vol. 6, pp. 1 ff). Others have felt a fetus may be aborted whenever there is any danger to a mother, as the status of a newborn child less than full term is in doubt until thirty days have elapsed, although it is, of course, considered a nefesh(Maharam Schick , Responsa Yoreh Deah,#155; David Hoffmann , Melamed Lehoil Yoreh Deah,#69).

On the other hand, a line of reasoning which dealt with the mother's psychological state has been based on Arakhin 7a; it would permit abortion for such reasons or for the anguish caused to the mother by a child's potential deformity or other problems. So, Ben Zion Uziel permits abortion when deafness is indicated in the fetus(Mishpetei Uziel, Hoshen Mishpat, #46). Uziel Weinberg permits it when rubella occurs in early pregnancy (Seridei Esh 111, No. 727). Eliezer Waldenberg does so for Tay Sachs disease and other serious abnormalities(7zitz Eliezer, Vol. 9,#236).

Other traditional rabbis have been very reluctant to permit abortion on the grounds that one is not permitted to inflict a wound on one's self(Joseph Trani , Responsa Maharit 1.99; Zweig,"Al Hapalah Melahutit," Noam, Vol. 7, pp. 36 ff). Rabbi Unterman has argued against abortion as tradition permits the desecration of the shabbat in order to save an unborn fetus(Ramban to Nid. 44b); this would prove that the fetus possesses human status. An unborn child, although not yet a human being, is a potential human being, and abortion is"akin to murder"(l. Y. Unterman,"Be-inyan Piquah Nefesh Shel Ubar", Noam, Vol. 6, pp. 1 ff). Others have followed this line of reasoning. Unterman, however, also reluctantly permits abortion under some circumstances(Ibid. 52; Shevet Miyehudah, 1, 29).

In summary, we see that there are some who agree with Rabbi Unterman and reluctantly permit abortion to save the mother's life. Others

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