Reproductive Justice is a Jewish Right

Here are some common misconceptions about Judaism and abortion from the National Council of Jewish Women. We will explore each one through the text that helps make sense of it

1. Does Jewish law state that life begins at conception? No!

2. Does Jewish law assert that it is possible to murder a fetus? No

3. According to Jewish law, is abortion health care? Yes

"'Partial Birth Abortion' and the Question of When Life Begins," by Rabbi Susan Grossman, tshuvah (rabbinic legal response) on behalf of the Committee on Jewish Law and Standards (Conservative movement), 2003

The human body belongs to God, and as such we are prohibited from habbalah, from wounding it. The Rabbis learned this from the verse in Genesis; “But for your own blood I will require a reckoning.” However, we are allowed to inflict a wound (or allow a wound to be inflicted on our behalf) in an effort to heal. Therefore, the woman, or those caring for her, would be prohibited from wounding (or by extension destroying) the fetus just as she would be prohibited from wounding any part of her body, except for the purpose of providing for her overall well being. In other words, the woman, or those caring for her-- would be allowed, and at times required, to destroy the fetus if necessary to heal her.

The Conservative Movement approved the use of abortion not only to protect the life of the mother, but also to protect her physical and mental health. These teshuvot, as well as other teshuvot on bioethical decisions about abnormal fetuses, include detailed discussions regarding the circumstances under which a late term abortion would be permitted under Conservative Jewish law. Permission for a late term abortion is not limited to the purpose of protecting the life of the mother. Conservative and some Orthodox responsa permit late term abortion also when the fetus is discovered to be severely damaged and the mental anguish to the mother would be considerable if she were forced to bring such a non-viable or otherwise severely damaged fetus to term.

"The Issue of Abortion," Blu Greenberg (contemporary feminist Orthodox writer and teacher)

Since there are no traditional Jewish precedents for abortion on demand, one way to maintain some integrity within the halakhic [Jewish legal] framework could be to broaden the interpretation of therapeutic abortion, to extend the principle of precedence of the mother's actual life and health to include serious regard for the quality of life as well...

Although one can envision a halakhic [Jewish legal] stance that urges avoidance of abortion for all the familiar traditional and theological reasons, the circumstances under which abortion is permissible may be widened. Such conditions may include the emotional inability to cope with childbearing and rearing - for example, the need to support oneself (or one's spouse) through school, the time required for a marriage to stabilize, overwhelming responsibilities to other children, and so forth. In these cases abortion should be seen as a necessary rather than an evil. Indeed, many mitzvot are interdependent functions of timing and of the conditions they regulate...

4. What does Jewish law say about the rights of the person who is pregnant and the rights of the fetus? ​​​​​​​see above texts

Tzorech: The Need of the Mother/Pregnant Person (or tza'ar gufa kadim, her welfare is primary)

The Maharit (Joseph Trani), a rabbi in Turkey in the late 16th/early 17th centuries, was the first to create a legal characteristic that addresses the tzorekh, the need, of the mother. In a teshuvah on abortion, Maharit writes, “if, out of concern for the disgrace of the mother, we kill the fetus without concern over murder (ibud nefashot), it follows that — where Jews are concerned — for the ‘need’ (tzorekh) of the mother it is permitted to cause her to abort since it is for the mother’s healing.”

former Chief Rabbi of Israel, Ben Tzion Ouziel on Tzorech

“In any case, it is very clear that the killing of fetuses is not permitted unless there is a need, even if it is for a tzorekh kalush (thin need), such as to prevent the nivul (dishonor) of the mother”

"When is Abortion Permitted," by Rabbi Walter Jacob in a CCAR Responsum (20th century Reform rabbi)

The Reform Movement has had a long history of liberalism on many social and family matters. We feel that the pattern of tradition, until the most recent generation, has demonstrated a liberal approach to abortion and has definitely permitted it in case of any danger to the life of the mother. That danger may be physical or psychological. When this occurs at any time during the pregnancy, we would not hesitate to permit abortion...Those who are within the broadest range of permissibility permit abortion at any time before birth, if there is a serious danger to the health of the mother or the child. We would be in agreement with that liberal stance. We do not encourage abortion, nor favor it for trivial reasons, or sanction it "on demand."

Statement by the Union of Orthodox Congregations of America on US Supreme Court's Potential Overturning of Roe v. Wade, 3 May, 2022

As people of faith, we see life as a precious gift granted to us and maintained within us by God. Jewish law places paramount value on choosing life and mandates-not as a right but as a responsibility-safeguarding our own lives and the lives of others by behaving in a healthy and secure manner, doing everything in our power to save lives, and refraining from endangering others...

Abortion on demand–the “right to choose” (as well as the “right to die”) are thus completely at odds with our religious and halachic (Jewish legal) values. Legislation and court rulings that enshrine such rights concern us deeply on a societal level.

Yet that same mandate to preserve life requires us to be concerned for the life of the mother. Jewish law prioritizes the life of the pregnant mother over the life of the fetus such that where the pregnancy critically endangers the physical health or mental health of the mother, an abortion may be authorized, if not mandated, by Halacha and should be available to all women irrespective of their economic status. Legislation and court rulings-federally or in any state-that absolutely ban abortion without regard for the health of the mother would literally limit our ability to live our lives in accordance with our responsibility to preserve life.

5. Do abortion bans unduly favor one religious viewpoint over another? Yes