Expert: Rabbi Ari Shishler - 11/3/2009

Question
I am discussing the need for abortion when the fetus will kill the mother. I was sure there was some commandment to stop (and even kill if necessary) the pursuer before he overtook his victim, yet all I can find is Deuteronomy 25:12 which seems weak at best (and would never be accepted by those outside our faith as meaning such). Any help? If this is where the 'law' comes from, how did the rabbis decide on such an interpretation? Thanks in advance.

Answer
Hi Joel

I don't think you will find any clear verse that describes a fetus threatening the mother's life and/ or the law around it. The discussion of aborting a pregnancy to save a mother's life is brought in the Oral Torah and is based on the principle called "rodef", a person who threatens the life of another.

Generally, one may not kill a person to save someone else's life. The one exception is aborting a fetus to save the mother (see Mishnah Ohalot 7:61: "If a woman is in difficulty during childbirth, it is permissible to destroy the fetus surgically because her life comes first. If, however, the head of the fetus has already been delivered, then it is forbidden to intercede even though it may cost the life of the mother. The fetus is now an infant with the ability for independent life. Therefore, we do not sacrifice one life to save another.").

The notion of killing a person who threatens someone's life is based on Exodus 22:1-2, which the Talmud (Pesachim 2a) explains to mean that if someone clearly threatens your life (literally from the verse: If it is clear as day to you that he intends to kill you), you may kill him to protect yourself.

There are various papers and articles on this topic, some of which you may be able to find online at a site like www.jlaw.com. If you can find Rabbi Bleich's Contemporary Halakhic Problems (I'm not sure which volume), he discusses the details of Jewish law and abortion.

I hope that helps.

Sincerely

Rabbi Shishler