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JEWISH VIEWS ON ABORTION.   Term Paper ID:23474 Click to get this paper

Essay Subject: Explores differing ethical, religious, historical & legal views.... More...

9 Pages / 2025 Words 10 sources, 39 Citations, TURABIAN Format $36.00 Return to List of Papers

Paper Abstract: Explores differing ethical, religious, historical & legal views. Paper Introduction: Jewish Perspectives on Abortion Contemporary Judaism can be broken into three distinctive groups: Orthodox, Reformed, and Conservative. The formation of these three groups represent historical and social factions within the contemporary practice of the Jewish faith and its beliefs. In tandem, the variant positions adopted by these Orthodox, Reformed and Conservative branches reflect upon the status and treatment of women within Judaism. Further, scrutiny of these three groups's formal stands on abortion will reveal how Judaism theorizes about sexuality, procreation, family and marriage. Sociological research indicates that "Jews support the availability of abortion in far greater numbers than members of any other religion." Simply stated, Orthodox Jews generally Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. In this case, the framework for abortion was to be seenagainst a grid "of communal responsibility" and within an "ethicalcode."[36] Stephen Katz indicates in "Abortion and Birth Control: TheContemporary Debate" in Frontiers of Jewish Thought that "attitudes towardprocreation were not shaped or nurtured through the law alone."[37] Katzindicates that in biblical times, the barren woman was to be seen as apitiful figure. [9] M.E. The Reform, Conservative, Orthodox and Reconstructionist Traditions in Historical Perspective. What highlighting Jewish Talmudic and legalpractices indicates is that the Jewish approach is substantially differentthan that of its Christian counterparts. [36] Ibid. Abortion's relationship to social status can be observed in when aJewish woman was permitted to have an abortion according to Jewishprescriptions. Kraemer indicates that there areactually four crucial differences between Halacha and ethics: first,Halacha defines a narrow canon while ethics must be much broader in itsscope; second, the tradition of Halacha contend that the Torah as it isbroadly defined must be viewed as eternal and even contemporary whereasethicists assert that its tradition must be hermeneutically understood,that is, within its specific context; third, "Halachists submit to thefinal authority of their sources" while ethicists assert that they mustexercise their judgment; four, Halachists desire that clear, definitiveconclusions be reached while ethicists hold that complex situations cannotalways be neatly packaged into "univocal, overarching answers."[8] Thisdistinction between the Halachists' strict adherence to the Torah andJewish ethicists desire to wrangle with a disputable social issue's fullcomplexity helps to account for some of the variance among Orthodox, Reformand Conservative Jewish thought on this highly disputed abortion issue. [34] Debra Renee Kaufman, Rachel's Daughters: Newly Orthodox JewishWomen (New Brunswick, NJ: Rutgers University Press, 1991), 98. [32] Ibid. [1 ] Ibid., 99. Jewish Perspectives on Abortion Contemporary Judaism can be broken into three distinctive groups:Orthodox, Reformed, and Conservative.[1] The formation of these threegroups represent historical and social factions within the contemporarypractice of the Jewish faith and its beliefs. "Right to Life: Abortion, Judaism and Jews." In The National Review (July 8, 1991) 37.Feldman, David. TheReform, Conservative, Orthodox and Recon-structionist Traditions in Historical Perspective (San Francisco: Harper &Row, 1984). Historically, during the Jewish biblical period, local laws suggestedthat if a woman with a fetus was killed, death was to be the penalty.However, if the woman was only injured and the fetus caused to abort thenthe local magistrates imposed a monetary penalty.[9] This underscores theJewish biblical perspective that the woman's life was seen as superior tothat of her child. [26] Ibid., 53. [3 ] Ibid., 16. [5] Ibid. Katz further indicates that the continualdecimation of the Jewish people whether by their enemies or by naturaldisasters encouraged their desire to procreate.[38] Katz indicates that tohandle the hotly debated issue one must determine whether or not abortionis murder. Paradoxically, the American Jewish perspective onabortion is both.[5] Yet in order to understand the complexity of Jewishlaw and tradition regarding the pregnant woman and her fetus more mustfirst be understood about the origins of Jewish thought and life practice. Frontiers of Jewish Thought. A Breath of Life. [18] Ibid., 81. [29] Aaron, 15. [15] David Feldman, "This Matter of Abortion." In Health and Medicinein the Jewish Tradition (New York: Free Press, 1989), 8 . Borowitz, Exploring Jewish Ethics. "Abortion." In Encyclopedia of Judaica, Vol. They are not to be misread as either being induplicate or in parallel to Christian law and attitudes.[4] The first paradox for non-Jewish thinkers to grasp is that the Jewishperspective on abortion cannot be overly simplified. What is interesting about Feder's journalistic piece is that he doesnot identify which branch of Judaism claims him as a believer. The halakhah stands in contrast to agadah orhaggadah which is to be scripted as "the lore." According to Jewishcustom, all actions which are not to be guided formally by halakhah are tobe prescribed by the dictums of agadah which allows for greater individualfreedom.[6] In attempting to pinpoint exactly what the Jewish position onabortion should be and in explaining how it is achieved sometimes anoveremphasis upon Jewish law or Halacha has been used.[7] David Kraemer, aprofessor of Talmud and Rabbinics at the Jewish Theological Seminary,indicates that to equate Halacha and ethics reveals an unacceptably sloppysociological and theological framework. [31] Ibid. Kaufman indicates that formany Orthodox women the issues of both contraception and abortion must beviewed in the aftermath of the Holocaust which nearly decimated the entireJewish population. [14] Ibid. Within the Jewish tradition thefetus is not to be seen as a legal or even spiritual equivalent to that ofthe mother. Second, Feder recalls thatduring Temple times, pregnant women were delayed being put on trial untilafter the birth of their child. [17] Ibid., 8 -81. This principle insists that the woman's welfare andavoidance of pain is to be prioritized.[16] According to Jewish law,abortion cannot be defined as murder. Many Reform Jewstherefore can be seen subscribing to a position of choice: "Free choice issomething I believe in because I am an American, suburban, urban, liberaltype person and this is what I would believe in even if I weren'tJewish."[32] For the secular Jewish community there is a strong pulltoward choice to be understood as a protection of their civil rights. Jewish adherents to this perspectiveassert that abortion does not qualify as murder since it does not fulfillthe liabilities imposed by the three cardinal sins that requiremartyrdom.[17] "Rather than commit murder of the innocent, publicidolatry or gross sexual immorality [adultery-incest], one has to surrenderhis own life in martyrdom."[18] Everything else which falls under theweight of the Torah falls under the category of ya'avor v'al ye-hareg, thatis, "let one transgress rather than die," but for the murder of theinnocent.[19] Jewish law, deciphered from this vantage point, realizesthat since a mother must be allowed to abort in order to save her own life,the actual act of abortion cannot be deemed to be murder.[2 ] Yet this above stated belief is not one which is staunchly heldacross all spectrums of Jewish thought. [35] Ibid. [11] Ibid. Here the rabbi canoffer counsel, but the congregants must choose for themselves what is thebest course of action to take.[31] Aaron indicates that the nonclerical Jewish community is sometimeseven more ferocious in their commentary on this inflammatory topic. Further,scrutiny of these three groups's formal stands on abortion will reveal howJudaism theorizes about sexuality, procreation, family and marriage. 2: 98. [12] Ibid., 1 1. 2 1971.Raphael, Marc Lee. Exploring Jewish Ethics on Covenant Response.Detroit: Wayne State University Press, 199 .Feder, Don. It is not to bediminished to a position which is understood as entirely prolife orprochoice. [16] Ibid. BibliographyAaron, Scott. "Abortion." Encyclopedia of Judaica, Vol. In attempting to understand the feminist approach to Judaism, in ABreath of Life: Feminism in the American Jewish Community Slyvia BarrackFishman indicates that after World War II, Jewish women were influencedlike their gentile counterparts to partake in early marriage and largefamilies. [13] Ibid. New Brunswick, NJ: Brunswick University Press, 1991.Kraemer, David. Yet,nevertheless, within a secular periodical, he willingly argues the Talmudicdecoding of abortion, the pregnant mother and the rights of the fetus.Feder cites the Conservative Judaism's professor of Theology, Rabbi SeymourSiegel, who observed that the Zohar, the Jewish work of classicalmysticism, calls the child "in utero" as "the handiwork of the livingGod."[26] Siegel spoke in support of the right-to-life amendment andclaimed that "traditional Judaism takes the view that the fetus possesses ahuman dimension: it is human life on the way."[27] Feder backs up RabbiSiegel's claim by recalling that rabbis allow the Jewish sabbath to bebroken only to preserve human life. In Rachel's Daughters: Newly OrthodoxJewish Women Debra Renee Kaufman indicates that "the ultra-Orthodox reflectthe more stringent, the Modern Orthodox the more lenient."[34] Kaufmanindicates that some Orthodox Jewish women believe that the arrival of theMessiah has been delayed until all the souls which are to be born have comeinto this world.[35] Yet, interestingly, for many Hasidic women the optionof having an abortion could be viable. These social situations were encouraged by the re-emergence ofstrong social sanctions against pre-marital or extramarital sexuality. Yet even within the extremes ofOrthodox belief, there appears to be a great deal more flexibility thanamong their Christian counterparts. [39] Ibid., 129.----------------------- 12 "The Choice in Choose Life. [19] Ibid. "Arigid double standard, reflected and reinforced by films and women'smagazines, expressed America's preconceptions with gender roles."[33]Within this grid, the availability of abortion appeared as a woman's rightto choose the pathway for her own life. During the Talmudic period, abortion was not to beregarded as a transgression unless the fetus was considered to be viableand capable of maintaining its life outside of the womb.[1 ] During thisperiod, it was deemed appropriate to abort a fetus if it was believed to bethreatening the mother's life. "Contact with amiscarried fetus was considered within this category of ritualdefilement."[28] Feder's three scholarly objections to the abortion-on-demandadvocates underscores both the volatility and complexity of the topic.Feder appears to stand in direct contrast to Aaron's reasoned commentary.Aaron explicitly states that "it has been the traditional belief in Judaismthat life does not begin until the child is actually born."[29] Aaronindicates that even within the rigors of Orthodox belief a "strongprecedent" exists which "would allow abortion to preserve the physicalhealth of the mother."[3 ] Yet the very ethical status of the rabbi islimited within Conservative and Reform traditions. [23] Ibid. Newly Orthodox Jewish Women. Yet following the Talmudic prescriptions, Katz indicates hisbelief that abortion cannot be seen as murder.[39] Yet even Katz'sdisclaimer reminds the cautious reader that different groups interpret bothreligious and civil law in different ways. "Jewish Ethics and Abortion." Tikkun, 8 1: 55- 78.M.E. Third, Feder indicates that the kohanes orpriestly class were forbidden to touch a corpse. Rachel's Daughters. These women do not frame theirviews on abortion in terms of fetal rights. [21] Don Feder, "Right to Life: Abortion, Judaism and Jews." In TheNational Review (July 8, 1991), 37. Papers on CovenantResponse (Detroit: Wayne State University Press, 199 ), 2 . [22] Ibid. American Judaism andAbortion." Commonweal (February 28, 1992) 15-18.Borowitz, Eugene B. Katz, Frontiers of Jewish Thought (Washington, D.C.:B'nai B'rith Books, 1992), 121. RabbiWashofky observes that for the average Reform Jew, the topic of abortion isdealt with first politically rather than religiously. Washington, D.C.:B'nai B'rith Books, 1992.Kaufman, Debra Renee. [2 ] Ibid. [38] Ibid. [2] Scott Aaron, "The Choice in "Chose Life"." Commonweal, (February28, 1992), 15. In tandem, the variantpositions adopted by these Orthodox, Reformed and Conservative branchesreflect upon the status and treatment of women within Judaism. According to Jacob Emden, a married woman who was madepregnant through an adulterous relationship was permitted to have anabortion since the offspring would be considered as a mamzer.[11] However,if an unmarried woman became pregnant Emden did not sanction abortion sincethis taint of bastardy would not be attached to the offspring.[12] Yetthis prescription was later reversed by Uziel who decided that in the caseof "bastardous offspring abortion was permissible at the hands of themother herself."[13] Israeli law prohibited abortion, allowing for a 1966amendment which relieved the mother of criminal responsibility if one tookplace.[14] Within "the Jewish legal-moral tradition on abortion, the woman'swelfare plays an even greater role than NOW (National Organization forWomen) would claim."[15] The Jewish principle of tza'ara d'gufah kadim isto be followed. Her counterpart, the fertile woman, was to be celebratedas a woman blessed by God. [33] Sylvia Barack Fishman, A Breath of Life: Feminism in the AmericanJewish Community (New York: The Free Press, 1993), 1 4. [3] Ibid. [7] David Kraemer, "Jewish Ethics and Abortion." Tikkun, 8 1: 55. San Francisco: Harper & Row, 1984.----------------------- [1] For a detailed account of the historical development of these threebranches of Judaism see Marc Lee Raphael Profiles in American Judaism. Profiles in American Judaism. Writing in The National Review,Don Feder, a syndicated columnist for the Boston Herald adopts a Right toLife position.[21] Feder is concerned that the liberal position of RabbiStern, incidentally the daughter of famed violinist Isaac Stern, will beconsidered the true Jewish position.[22] According to Feder since Jesussaid nothing about abortion and Paul very little, the true foundation forChristian opposition to feticide is Judaism.[23] Feder labels the positionthat "we may do whatever we wish with our own person" "is alien tonormative Judaism."[24] Feder compares Rabbi Stern's abortion on demandadvocacy as representative of Jewish thought as Dignity, the gay Catholicgroup's representative voice on Catholicism.[25] Feder's own positioncannot be so liberally conceived. [24] Ibid., 53. [27] Ibid. Judaism's attitudes toward life and death, thepregnant mother and the fetus follow within their own ethical, canonicaland historical traditions. [28] Ibid. [6] Eugene B. "This Matter of Abortion." In Health and Medicine in the Jewish Tradition. New York: Free Press, 1989.Fishman, Sylvia Barack. [8] Ibid. Katz indicates that if abortion is murder than it is as profaneas homicide. YetFeder and Aaron's conflicting citation of Talmudic authorities suggeststhat the Jewish spectrum of thought on this topic is not neatly dividedbetween the pre-established boundaries of Orthodox, Conservative or Reform. These polarized positions would misrepresent the Jewishposition on abortion. Jewish law traces itself back to the halakhah or "the way." Thehalakhah can be understood as those social codes which are to be seen asenforceable in the courts. A hermeneutics of assent as towhere abortion both legally and spiritually should stand withincontemporary America has yet to be reached. Sociological research indicates that "Jews support the availabilityof abortion in far greater numbers than members of any other religion."[2]Simply stated, Orthodox Jews generally oppose nontherapeutic abortion whileboth the Conservative and Reform movements generally support electiveabortion.[3] However, this formulaic breakdown of these three groups'typical responses does not offer either a comprehensive or analyticalaccount of why these positions are adopted. To understand the Jewishresponse to abortion, critical thinkers must adopt some decidedlyunChristian perspectives. [37] Stephen T. Yet Rabbis traditionally have allowedthe Sabbath to be broken to save a fetus. [4] Ibid. [25] Ibid., 5 . Feminism in the AmericanJewish Community. New York: The Free Press, 1993.Katz, Stephen T., ed. After this overview, it does seem apparent that the diversity ofcontemporary Jewish practice actually mirrors the spectrums of beliefacross the secular population. 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