“Choose Life” is a Biblical quotation that has been adopted by the pro-lifer anti-abortion movement. But what does that phrase mean in its context? And what does Judaism have to say about abortion and a woman’s right to choose? We will explore the traditional sources to find out.
טו) רְאֵ֨ה נָתַ֤תִּי לְפָנֶ֙יךָ֙ הַיּ֔וֹם אֶת־הַֽחַיִּ֖ים וְאֶת־הַטּ֑וֹב וְאֶת־הַמָּ֖וֶת וְאֶת־הָרָֽע׃ (טז) אֲשֶׁ֨ר אָנֹכִ֣י מְצַוְּךָ֮ הַיּוֹם֒ לְאַהֲבָ֞ה אֶת־יְהוָ֤ה אֱלֹהֶ֙יךָ֙ לָלֶ֣כֶת בִּדְרָכָ֔יו וְלִשְׁמֹ֛ר מִצְוֺתָ֥יו וְחֻקֹּתָ֖יו וּמִשְׁפָּטָ֑יו וְחָיִ֣יתָ וְרָבִ֔יתָ וּבֵֽרַכְךָ֙ יְהוָ֣ה אֱלֹהֶ֔יךָ בָּאָ֕רֶץ אֲשֶׁר־אַתָּ֥ה בָא־שָׁ֖מָּה לְרִשְׁתָּֽהּ׃ (יז) וְאִם־יִפְנֶ֥ה לְבָבְךָ֖ וְלֹ֣א תִשְׁמָ֑ע וְנִדַּחְתָּ֗ וְהִֽשְׁתַּחֲוִ֛יתָ לֵאלֹהִ֥ים אֲחֵרִ֖ים וַעֲבַדְתָּֽם׃ (יח) הִגַּ֤דְתִּי לָכֶם֙ הַיּ֔וֹם כִּ֥י אָבֹ֖ד תֹּאבֵד֑וּן לֹא־תַאֲרִיכֻ֤ן יָמִים֙ עַל־הָ֣אֲדָמָ֔ה אֲשֶׁ֨ר אַתָּ֤ה עֹבֵר֙ אֶת־הַיַּרְדֵּ֔ן לָבֹ֥א שָׁ֖מָּה לְרִשְׁתָּֽהּ׃ (יט) הַעִידֹ֨תִי בָכֶ֣ם הַיּוֹם֮ אֶת־הַשָּׁמַ֣יִם וְאֶת־הָאָרֶץ֒ הַחַיִּ֤ים וְהַמָּ֙וֶת֙ נָתַ֣תִּי לְפָנֶ֔יךָ הַבְּרָכָ֖ה וְהַקְּלָלָ֑ה וּבָֽחַרְתָּ֙ בַּֽחַיִּ֔ים לְמַ֥עַן תִּחְיֶ֖ה אַתָּ֥ה וְזַרְעֶֽךָ׃ (כ) לְאַֽהֲבָה֙ אֶת־יְהוָ֣ה אֱלֹהֶ֔יךָ לִשְׁמֹ֥עַ בְּקֹל֖וֹ וּלְדָבְקָה־ב֑וֹ כִּ֣י ה֤וּא חַיֶּ֙יךָ֙ וְאֹ֣רֶךְ יָמֶ֔יךָ לָשֶׁ֣בֶת עַל־הָאֲדָמָ֗ה אֲשֶׁר֩ נִשְׁבַּ֨ע יְהוָ֧ה לַאֲבֹתֶ֛יךָ לְאַבְרָהָ֛ם לְיִצְחָ֥ק וּֽלְיַעֲקֹ֖ב לָתֵ֥ת לָהֶֽם׃ (פ)
(15) See, I set before you this day life and prosperity, death and adversity. (16) For I command you this day, to love the LORD your God, to walk in His ways, and to keep His commandments, His laws, and His rules, that you may thrive and increase, and that the LORD your God may bless you in the land that you are about to enter and possess. (17) But if your heart turns away and you give no heed, and are lured into the worship and service of other gods, (18) I declare to you this day that you shall certainly perish; you shall not long endure on the soil that you are crossing the Jordan to enter and possess. (19) I call heaven and earth to witness against you this day: I have put before you life and death, blessing and curse. Choose life—if you and your offspring would live— (20) by loving the LORD your God, heeding His commands, and holding fast to Him. For thereby you shall have life and shall long endure upon the soil that the LORD swore to your ancestors, Abraham, Isaac, and Jacob, to give to them.
THE LEGAL STATUS OF THE FETUS
§ Rabbi Samlai taught: To what is a fetus in its mother’s womb comparable? To a folded notebook [lefinkas]. And it rests with its hands on its two sides of its head, at the temples, its two arms [atzilav] on its two knees, and its two heels on its two buttocks, and its head rests between its knees, and its mouth is closed, and its umbilicus is open. And it eats from what its mother eats, and it drinks from what its mother drinks, and it does not emit excrement lest it kill its mother. But once it emerges into the airspace of the world, the closed limb, i.e., its mouth, opens, and the open limb, its umbilicus, closes, as otherwise it cannot live for even one hour.
... What is the reasoning of Rabbi Yehuda HaNasi for this ruling? He holds: A fetus is considered as its mother’s thigh, i.e., a part of its mother’s body, and it is as though the master transferred ownership of one of her limbs to her. Since the maidservant is pregnant, the child is considered to be a part of her, and it is as though he emancipated a portion of her body...
(ד) הָאִשָּׁה שֶׁהִיא יוֹצְאָה לֵהָרֵג, אֵין מַמְתִּינִין לָהּ עַד שֶׁתֵּלֵד. יָשְׁבָה עַל הַמַּשְׁבֵּר, מַמְתִּינִין לָהּ עַד שֶׁתֵּלֵד. הָאִשָּׁה שֶׁנֶּהֶרְגָה, נֶהֱנִין בִּשְׂעָרָהּ. בְּהֵמָה שֶׁנֶּהֶרְגָּה, אֲסוּרָה בַהֲנָיָה:
(4) If a woman is about to be executed, they do not wait for her until she gives birth. But if she had already sat on the birthstool, they wait for her until she gives birth. If a woman has been put to death one may use her hair. If an animal has been put to death it is forbidden to make any use of it.
THE TIME OF ENSOULMENT
CONDITIONS FOR THERAPEUTIC ABORTIONS
(ו) הָאִשָּׁה שֶׁהִיא מַקְשָׁה לֵילֵד, מְחַתְּכִין אֶת הַוָּלָד בְּמֵעֶיהָ וּמוֹצִיאִין אוֹתוֹ אֵבָרִים אֵבָרִים, מִפְּנֵי שֶׁחַיֶּיהָ קוֹדְמִין לְחַיָּיו. יָצָא רֻבּוֹ, אֵין נוֹגְעִין בּוֹ, שֶׁאֵין דּוֹחִין נֶפֶשׁ מִפְּנֵי נָפֶשׁ:
(6) If a woman is having trouble giving birth, they cut up the child in her womb and brings it forth limb by limb, because her life comes before the life of [the child]. But if the greater part has come out, one may not touch it, for one may not set aside one person's life for that of another.
§ Rav Huna says: If a minor was pursuing another person in order to kill him, the pursued party may be saved with the pursuer’s life. That is to say, one is permitted to save the pursued party by killing the minor who is pursuing him, and one does not say that since the minor lacks halakhic competence, he is not subject to punishment. The Gemara explains: Rav Huna maintains that a pursuer, in general, does not require forewarning, and there is no difference with regard to this matter between an adult and a minor.
(ט) אַף זוֹ מִצְוַת לֹא תַּעֲשֶׂה שֶׁלֹּא לָחוּס עַל נֶפֶשׁ הָרוֹדֵף. לְפִיכָךְ הוֹרוּ חֲכָמִים שֶׁהָעֻבָּרָה שֶׁהִיא מַקְשָׁה לֵילֵד מֻתָּר לַחְתֹּךְ הָעֵבָּר בְּמֵעֶיהָ בֵּין בְּסַם בֵּין בְּיָד מִפְּנֵי שֶׁהוּא כְּרוֹדֵף אַחֲרֶיהָ לְהָרְגָהּ. וְאִם מִשֶּׁהוֹצִיא רֹאשׁוֹ אֵין נוֹגְעִין בּוֹ שֶׁאֵין דּוֹחִין נֶפֶשׁ מִפְּנֵי נֶפֶשׁ וְזֶהוּ טִבְעוֹ שֶׁל עוֹלָם:
(9) This, indeed, is one of the negative mitzvot - not to take pity on the life of a rodef. On this basis, our Sages ruled that when complications arise and a pregnant woman cannot give birth, it is permitted to abort the fetus in her womb, whether with a knife or with drugs. For the fetus is considered a rodef of its mother. If the head of the fetus emerges, it should not be touched, because one life should not be sacrificed for another. Although the mother may die, this is the nature of the world.
[In the case of] a pregnant woman [who is in mortal danger during childbirth, she may] extend her hand and cut up [her fetus] and remove it limb by limb, for as long as it has not emerged to the world, it is not a nefesh [soul] and it is permitted to kill it and to save its mother. But if its head has emerged, one may not touch it to kill it, for it is as living offspring, and one does not set aside one nefesh for another.
ABORTION UNDER OTHER CIRCUMSTANCES
29. Iggrot Moshe, Choshen Mishpat, 2:69
Rabbi Moshe Feinstein, 1895-1986, was the leading halachic
authority of American Jewry.
Day after Sukkot. 1976.
Regarding Killing a fetus...
And in Maimonides it is even more explicit that killing a fetus is actual murder...
Therefore, regarding the law, it is prohibited under the
prohibition of “Thou shalt not murder” to abort a fetus, with the single exception that one who kills it is exempt from the death penalty... And because of this I ruled that even if the doctors are saying that there is a possibility that the mother may die if the fetus is not killed – although for desecrating Shabbat and violating other commandments one would do so in such a case, even for a small concern of life – nevertheless, to kill a fetus it would be forbidden until the doctors assess that the likelihood of her death is almost definite... And even if the doctor is being forced by threat of death to perform an abortion, it would appear that he must give up his life rather than do so [although an argument could be made to
the contrary]... Therefore, this ruling requires greater thought, whether one must give up his life rather than perform an abortion...
I have written all this because of the great calamity in the
world that many governments have allowed the killing of
fetuses, among them political leaders in the State of Israel, and countless of fetuses have already been killed, and in these days the greatest need is to make a fence around the Torah, how much more so not to make leniencies regarding the prohibition of murder that is so severe. Thus, I was appalled by the responsa of a learned man in Israel written to the director of Shaarei Tzedek Hospital who permits the abortion of a Tay-Sachs fetus even beyond 3 months. And he ruled such by prefacing that the prohibition was, according to many decisors, only rabbinic... It is clear and simple as I wrote, the law which is made clear by the early rabbis and the decisors of Jew law, that abortion is prohibited as it is considered actual murder, whether the fetus is legitimate or illegitimate,
regular fetuses or those which are suffering from Tay-Sachs.
It is strictly prohibited, and do not err and rely on the
responsum of that learned man...
Rabbi Jacob Emden Responsa She’elat Ya”vetz 1:43 (1739-1759)
The questioner asks about an adulterous married woman (who is pregnant) is a good question. It appears to me to permit her (to abort)...And even in the case of a legitimate fetus there is reason to be lenient if there is a great need, as long as the fetus has not begun to emerge; even if the mother’s life is not in jeopardy, but only so as to save her from an evil associated with it that would cause her great pain…
Rabbi Mordechai Winkler, Levushei Mordekhai, Hoshen Mishpat 39 (1913)
Mental-health risk has been definitely equated with physical-health risk. This woman, in danger of losing her mental health unless the pregnancy is interrupted, would therefore accordingly qualify.
Rabbi Ben Zion Chai Uziel, Responsa Mishaptei Uziel 4:46 (1947-1964)
It is clear that abortion is not permitted without reason. That would be destructive and frustrative of the possibility of life. But for a reason, even if it is a slim reason, such as to prevent disgrace, then we have precedent and authority to permit it.
Rabbi Eliezer Waldenberg, Tzitz Eliezer 13:102 (1978)
If there is a danger to the woman from continuing the pregnancy, one should permit abortion without hesitation. Also, if her health is poor and to cure her or to relieve her from great pain it is necessary to abort the fetus, even if she is not in actual danger, there is room to permit it.
Rabbi Kass Abelson, Proceedings of the Committee on Jewish Law and Standards, pp. 3-10 (1980-5)
There is clear precedent in the tradition...to permit abortion of a fetus to save a mother’s life, to safeguard her health, or even for “a very thin reason,” such as to spare her physical pain or mental anguish.
"CHOOSE LIFE" IN CHRISTIANITY
But when He who had set me apart before I was born, and had called me through His grace . . ." (Galatians 1:15, RSV).
"When Elizabeth heard Mary’s greeting, the baby leaped in her womb, and Elizabeth was filled with the Holy Spirit…[saying] ‘As soon as the sound of your greeting reached my ears, the baby in my womb leaped for joy'" (Luke 1:41, 44, NIV).
"While they were there, the time came for the baby to born, and she gave birth to her firstborn, a son" (Luke 2:6-7, NIV).