COMMENTARY: Is Judaism Pro-Choice?

c. 2004 Religion News Service (Judy Gruen’s latest book is “Till We Eat Again: Confessions of a Diet Dropout,” published by Champion Press. Visit her Web site at http://www.judygruen.com.) (UNDATED) Earlier this spring, I received an e-mail from a well known Jewish women’s organization urging me to attend an abortion rights rally in Washington, D.C. […]

c. 2004 Religion News Service

(Judy Gruen’s latest book is “Till We Eat Again: Confessions of a Diet Dropout,” published by Champion Press. Visit her Web site at http://www.judygruen.com.)

(UNDATED) Earlier this spring, I received an e-mail from a well known Jewish women’s organization urging me to attend an abortion rights rally in Washington, D.C.


I was disturbed by the call to action. After all, I joined this organization because of its work raising money for hospitals and emergency medical needs in Israel, not because it advocated abortion rights. Given Israel’s siege of terrorism over the past three, causing so much death and destruction, the group’s mission to help save lives had assumed an added poignancy. How was this rally and its agenda germane to the group’s mission?

I was upset enough to call the group’s national headquarters and question its position. A spokeswoman offered a cliche-ridden defense about a woman’s right to choose and the organization’s fear that the legal right to abortion in this country was threatened _ a belief I don’t share.

During our conversation, I became increasingly bothered that a group dedicated in part to promoting Jewish continuity and unity would not even acknowledge the enormous moral dimension of abortion. I believe that ultimately a woman should have the right to choose whether to carry a baby to term, but I also think that society should discourage abortion because life is sacred. Abortion is more than just a “choice” _ it’s terminating a nascent life.

My dust-up with this organization made me wonder: Just how pro-choice is Judaism, anyway? As an Orthodox Jew, I knew that Jewish law is intricate and nuanced. The Talmud, the basis of Jewish law, contains thousands of pages of involved, often heated discussions by our ancient sages about all manner of moral and legal matters _ including abortion. As King Solomon wrote in Ecclesiastes, there is nothing new under the sun.

While the Talmud does not forbid abortion outright, Judaism teaches us to choose life at every opportunity. From guidelines on how we treat the terminally ill to guidelines on marriage designed to ensure healthy reproduction rates, Judaism emphasizes life-affirming practices.

Orthodox Jewish couples raise large families because they take seriously the Torah’s command to be fruitful and multiply. Besides, with rampant assimilation swallowing up large swaths of the Jewish populace, these Jews are just practicing damage control. Our “pro-life” stance is clear even in the small things: Over glasses of wine, we toast one another with the joyous Hebrew term, “L’chayim!” _ literally, “to life!”

When I asked my rabbi, also Orthodox, to clarify Judaism’s position on abortion, he explained that Jewish law considers an embryo to be only a “soul”; it does not become a “life” until the head emerges from the womb. I was surprised to learn that the fetus doesn’t even have “soul” status until 40 days post-conception, making the “morning after” pill acceptable in Jewish law (but still a disturbing idea to me).


Judaism allows abortions whenever a mother’s life is at risk, and that risk can be assessed physically and emotionally. For example, a woman with a severe compulsive disorder was permitted by her rabbi to abort a fetus because of the expected difficulty she would have had in caring adequately for the child. On the other hand, discovering that a fetus would have Down syndrome or any other genetic impairment is never grounds for abortion.

Another proof that Judaism does not consider abortion the same as murder appears in Exodus 21:22. In this verse, we learn that a man who accidentally kills a pregnant woman is liable for taking only one life _ not two. (This contrasts with today’s case of Scott Peterson, accused of murdering his pregnant wife; the California state prosecutor has charged him with two counts of murder.)

I was, as usual, humbled and impressed by the Jewish approach to such an emotionally volatile issue. As my rabbi wisely summed up, “The question is not whether we’re pro-life or pro-choice. We are pro-life and pro-choice.”

DEA/PH END GRUEN

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