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Is abortion allowed under Jewish law?


Conservative Movement Statement on the Permissibility of Abortion Committee of Jewish Law and Standards

Adopted on November 21, 1983

Jewish tradition is sensitive to the sanctity of life, and does not permit abortion on demand. However, it sanctions abortion under some circumstances because it does not regard the fetus as an autonomous person. This is based partly on the Bible (Exodus 21:22-23), which prescribes monetary damages when a person injures a pregnant woman, causing a miscarriage. The Mishnah (Ohalot 7:6) explicitly indicates that one is to abort a fetus if the continuation of pregnancy might imperil the life of the mother. Later authorities have differed as to how far we might go in defining the peril to the mother in order to justify abortion. The Rabbinical Assembly Committee on Jewish Law and Standards takes the view that an abortion is justifiable if a continuation of pregnancy might cause the mother severe physical or psychological harm, or when the fetus is judged by competent medical opinion as severely defective. The fetus is a life in the process of development, and the decision to abort should never be taken lightly. Before reaching her final decision, the mother should consult with the father, other members of her family, her physician, her spiritual leader and any other person who can help her in assessing the many grave legal and moral issues involved.

http://www.uscj.org/scripts/uscj/paper/article.asp?ArticleID=396

 


 

United Synagogue Resolution on Abortion, passed at the 1991 Biennial Convention.

Judaism does not provide a blanket pro-abortion stance. The United Synagogue of Conservative Judaism nevertheless supports legislation maintaining the legality and accessibility of abortion so that in those cases where our religious authorities determine that an abortion is warranted halakhically, obtaining that abortion will not be hindered by our civil law.

 

Whereas, Jewish tradition cherishes the sanctity of life, even the potential of life which a pregnant woman carries within her; and

Whereas, under certain unfortunate circumstances, such as when the life or health of the mother are in jeopardy, Judaism sanctions, even mandates, abortion, although Judaism does not condone or permit abortion for contraceptive purposes; and

Whereas, Judaism does not believe that personhood and human rights begin with conception (the premise that personhood begins with conception is founded on a religious position which is not identical with Jewish tradition); and

Whereas, under special circumstances, Judaism chooses and requires abortion as an act which affirms and protects the life, well being and health of the mother; and

Whereas, to deny a Jewish woman and her family the ability to obtain a safe, legal abortion when so mandated by Jewish tradition, is to deprive Jews of their fundamental right of religious freedom;

Now, Therefore, Be it Resolved that The United Synagogue of Conservative Judaism continues to affirm its strong opposition to any further weakening, limitation, or withdrawal of the 1973 Supreme Court decision of Roe v. Wade; and

Be It Further Resolved that The United Synagogue of Conservative Judaism, in light of the recent Supreme Court decision and the efforts of the U.S. government to limit the choices available to most Americans, must be diligent in the efforts to safeguard and preserve the full personal and religious freedom given to the American people; and

Be It Further Resolved that The United Synagogue of Conservative Judaism opposes any legislative attempt through constitutional amendments, the deprivation of Medicaid, family services and/or other current welfare services, to weaken the force of the United States Supreme Court's decision permitting choice; and

Be It Further Resolved that The United Synagogue of Conservative Judaism encourages the various provinces of Canada and the Canadian government to preserve the rights of all women to legal abortions.

 

The United Synagogue makes available a detailed website on this topic, which includes the above official statements, as well as: (1) Jewish legal sources for this position; (2) Judicial and legislative background on the abortion debate;  (3) programming ideas, (4) and further reading.  Reading this website is strongly suggested.

http://www.uscj.org/scripts/uscj/paper/article.asp?ArticleID=396

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