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The fetus and fertility : essays and responsa / edited by Walter Jacob and Moshe Zemer
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SOLOMON B. FREEHOF

this occurred on the Sabbath ) for an unnecessary purpose(since the child may be dead) is also obviated. Therefore, Moses Kunitz said that the physician should operate and does not even need to ask permission of the Jewish ecclesiastical court. Moses Kunitz here actually uses the word"Caesarean, " and gives the origin of the term(namely, that Julius Caesar was born by such an operation).

Jacob Reischer , Rabbi of Metz two centuries ago, in his Responsa(Shevut Ya-akov 1.13, at the end), not only gives permission for such an operation but ends his responsum by saying that he who performs it must be praised for doing so and his reward will be great. See also Abraham of Buczacz(Eshel Avraham to Orah Hayim 330), who cites an authority who praises the physician for prompt action to save the child.

There is, of course, a possible complication somewhat related to this question. Since the child will die unless the operation is performed very quickly, I was asked a number of years ago by a physician whether--if the mother is not quite dead, but is definitely dying(for example, of cancer)--we may not make sure to save the child by performing the operation before the mother is dead, although it is certain that the operation itself will definitely put an end to the mother's life. See the discussion of this special question in Reform Responsa, pp. 214f.

But this is a special form of the question and does not apply directly here, where the physician assures us that the mother is dead. See further discussion of the matter in Eliezer Spiro(der Muncaczer) in his Minchat Eli-ezer IV.28, and Greenwald in Kol Bo Al Avelut, p. 49, section 18, and pp. 4311.

To sum up: if it is certain that the mother is dead and that the child is alive, there is no question that the Caesarean operation not only may be performed, but must be performed, and is indeed deemed praiseworthy.

*Walter Jacob , American Reform Responsa,#80, New York 1983

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