Shemos (21:22-23) When two or more parties fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman’s husband may exact, the payment to be based on reckoning. But if other damage ensues, the penalty shall be life for life.
Igros Moshe (C.M. 2:69.1) Question: Is abortion permitted? Answer: Abortion is prohibited both for Jews and goyim and is considered murder. While it does say in Tosfos (Nida 44a) in two places that abortuion is permitted, this is clearly a mistake in the text and should have said it is prohibited but exempt which needs to be corrected. The Rambam also rules that abortion is murder.
Abortion Rav Yakov Emden
Igros Moshe (C.M. 2:69.4) Question Rav Emden (1:43) writes that a mamzer embryo can be aborted since we see that a pregnant adultress is killed with her unborn child and thus he concludes that today it is also relevant even though there is no more Sanhedrin or death penalty. Answer His words are nonsense even if it were written by such a great person as Rav Emden. I saw in his words absurd things that should not be said It is clear that today without Sanhedrin there is no Torah death penalty and thus there is no justification for abortion of a mamzer. He also writes that someone today who deliberately does a sin that deserves capital punishment that it is good for him to commit suicide. This is clearly prohibited and Rav Emden is to be condemned for these words and the tshuva shouldnot be taken seriously. It was also claimed that the Rashba said the Ramban did abortions for non Jews. However I could not find such as statement in the Rashba nor can anyone else so it must be a forgery. There is clearly a contradiction in the Maharit. I was also astonished to see a tshuva written by a posek in Israel to abort an embryo more than 3 months that tests had indicated had Tay Sachs disease. He claimed that most poskim rule that abortion is only a Rabbinic decree for the needs of society and that other poskim such as Rav Emden permit abortion for great need. In fact Rav Emden clearly indicates that abortion is in general prohibited. In conclusion it is clear and obvious as I have written that according to Rishonim that abortion is prohibited as murder whether it is a mamzer or normal embryo or whether it has Tay Sachs. Don’t be mistanen and rely on the lone Israeli posek and I protest against him for the honor of the Torah and Truth.
Abortion request to doctor
Igros Moshe (CM II #73.8) Question Concerning those women in present times who are not properly observant because of our many sins who want to have an abort their pregnancy. Answer This is clearly prohibited as violating the prohibition against killing and it is also prohibited for a doctor to even assist not only for Jewish women but also non-Jewish women. Because bnei Noach are also prohibited to kill the unborn. In fact the prohibition is more stringent for a ben Noach because this is a capital crime for them and thus it is prohibited to assist them and also violates the prohibition of lifnei ivair One should not assist in any way - even to notify her that it is possible to have an abortion elsewhere even for a non- Jew. Even if there is concern that this might cause hatred (aivah). In fact there is not a problem of causing hatred when it is explained that he doesn’t want to assist in killing because even non-Jews know that abortion should not be done and many countries prohibit it as murder, Thus a religious doctor can just say that he doesn’t want to be involved in abortion as this is not a curative procedure and even is dangerous to the woman.
1) tosfot is wrong
ReplyDelete2) Rav Emden is talking nonsense
3). Rashba never said that
4) Israeli Rav, presumably Tz . E. Is also wrong.
That's quite a strong list there