A faith-based case for abortion rights

A story from the Book of Exodus, part of the Hebrew Bible, forms the backbone of Judaism’s formal take on abortion. Two people are fighting; one accidentally pushes someone who is pregnant, causing a miscarriage. The text outlines the consequences: If only a miscarriage happens, the harm doer is obligated to pay financial damages. If, however, the pregnant person dies, the case is treated as manslaughter. The meaning is clear: The fetus is regarded as potential life, rather than actual life.

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This idea is underscored in the Talmud, a collection of statements from ancient rabbis. One declares that, for the first 40 days of pregnancy, a fetus is “merely water”—essentially, it has no legal status at all. From the end of that 40-day period until the end of the pregnancy, it’s regarded as part of the pregnant person’s body—“as its mother’s thigh,” the Talmud says. Here, again, the fetus is secondary to the adult human carrying it.

This becomes most clear when a pregnancy or labor endangers the pregnant person. According to a roughly 2,000-year-old source called the Mishnah (the core of the Talmud), abortion is explicitly called for to save their life. The life of the baby comes into consideration only once the head has emerged. But beyond life-or-death situations, Jewish law permits abortion in situations where carrying the fetus to term would cause “woe”—and that includes risks to mental health or to kavod habriot (dignity).

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