QUESTION: Under what circumstances, if any, would it be permissible to conduct medical research involving an aborted fetus? A member of a congregation is doing research in Alzheimer's Disease which requires live brain tissue otherwise unavailable.(Rabbi H. Jaffe, Minneapolis , MN )
ANSWER: Jewish tradition looks upon the fetus in a manner similar to that of a severed limb. In other words, it has some special status and is considered part of a human being, but it does not possess a soul of its own and is not considered a separate human being in its own right until it has reached a certain age. Even then there is some disagreement. A fetus, therefore, needs to be treated with reverence, but not in the same manner as a deceased person.
A fetus which is less than forty days old does not possess human status(Shab. 135b; Solomon Skola, Bet Shelomo Hoshen Mishpat#139). Even when the fetus is older than forty days, it is not considered as a living soul by most traditional authorities(San. 72b; Rashi to San. 72b; Joshua Falk , Meirat Enayim to Shulhan Arukh Hoshen Mishpat 425; Ben Zion Uziel , Mishpetei Uziel, 111,#46, 47). There is, therefore, no formal obligation to bury the fetus. It is treated as a severed limb. In Talmudic times, limbs and organs severed from the human body, and fetuses, were disposed of informally and needed no formal burial(Ker. 20b; Tur Yoreh Deah 266; Shulhan Arukh Yoreh Deah 266). A few recent authorities disagree and feel that a fetus must be buried(David Cohn, Kol Torah Adar, Sivan, 5730). Moses Feinstein (Igrot Mosheh Yoreh Deah 1#231) also stipulates that all segments of the body must be buried as a matter of law.
Severed limbs and fetuses are generally buried for two reasons; first in order to assure their dignified disposal as a part of a human body, and second, in order to prevent the ritual uncleanliness of priests who might come in contact with them(Yad Hil. Tumat Okhlin 16.8; Shevut Yaaqov, 11,#10; Ket. 20b).
As there is no mandate to bury a fetus, and as it has not been
211