Judaism and Abortion: The Process of the Decision IS Religion

Judaism for the Thinking Person

In this presentation, I present the Talmudic sources on Judaism's discussion of the status of the fetus, and I argue that what's been missing from the discussion --including the discussion of Jewish views -- is the fact that Judaism leaves open what the status of the fetus is between 40 days and full viability, but importantly assigns the process to the mother. Men have no say in it. In other words, the issue is not freedom of religion in the sense of one denomination versus another, but rather the freedom of the prospective mother to have her own relationship with God, as considers that in-between state of the fetus she carries, and what it means to her and to God as she makes her decision, and not let others tell her what it is or not. (One issue I wish I had made a bit clearer: around the 11 minute mark, I talk about the fact that Tractate Niddah specifies that between 40 and 80 days, the miscarriage is more than a normal period, and there is an ontological leap again starting at 80 days. The specifics here are that the woman at these two sections remains in a state of ritual impurity following the miscarriage, as she would for giving birth, because after 80 days there is even clear evidence of sexual organs. In other words, the Talmud is acknowledging that the embryo is developing into a fetus, and while a fetus is not a baby, it is still not a "nothing." In addition, many consider this stigmazing the woman to say she is in "ritual impurity," but recall the ritual impurity functioned as "maternity leave" and thus the Talmud is giving the woman maternity leave to recover from the miscarriage, it's not stigmatizing her.)