Resource originally created by National Council of Jewish Women St. Louis, adapted with permission. www.ncjw.org
Advocacy Resource
Judaism and Abortion
NCJW works to ensure that every single person can make their own moral
and faith-informed decisions about their body, health, and future. Our
Jewish values compel us to support full access to safe and legal abortion
care as basic health care. Below is a Q&A regarding some common
misconceptions about Judaism and abortion.
Does Jewish law state that life begins at conception?
No, life does not begin at
conception under Jewish law. Sources in the Talmud note that the fetus is “mere water”
before 40 days of gestation. Following this period, the fetus is considered a physical part of
the pregnant individual’s body, not yet having life of its own or independent rights. The fetus
is not viewed as separate from the parent’s body until birth begins and the first breath of
oxygen into the lungs allows the soul to enter the body.
Does Jewish law assert that it is possible to murder a fetus?
No, Jewish law does not
consider a fetus to be alive. The Torah, Exodus 21:22-23, recounts a story of two men who
are fighting and injure a pregnant woman, resulting in her subsequent miscarriage. The verse
explains that if the only harm done is the miscarriage, then the perpetrator must pay a fine.
However, if the pregnant person is gravely injured, the penalty shall be a life for a life as in
other homicides. The common rabbinical interpretation of this verse is that the men did not
commit murder and that the fetus is not a person. The primary concern is the well-being of
the person who was injured.
According to Jewish law, is abortion health care?
Yes, Jewish sources explicitly state that
abortion is not only permitted but is required should the pregnancy endanger the life or health
of the pregnant individual. Furthermore, “health” is commonly interpreted to encompass
psychological health as well as physical health. NCJW advocates for abortion access as an
essential component of comprehensive, affordable, confidential, and equitable family
planning, reproductive, sexual health, and maternal health services
.
What does Jewish law say about the rights of the person who is pregnant and the
rights of the fetus?
Judaism values life and affirms that protecting existing life is paramount
at all stages of pregnancy. A fetus is not considered a person under Jewish law and therefore
does not have the same rights as one who is already alive. As such, the interests of the
pregnant individual always come before that of the fetus.
Do abortion bans unduly favor one religious viewpoint over another?
Yes, different
religions believe that human life begins at different stages of development. Science can
explain developmental timelines, but philosophic and religious viewpoints largely determine
what exactly defines “life” or “personhood” for each individual. NCJW believes, as the First
Amendment to the US Constitution guarantees, that no one religion should be enshrined in
law or dictate public policy on any issue — including abortion.
https://www.ncjw.org/wp-content/uploads/2019/05/Judaism-and-Abortion-FINAL.pdf
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