Life before life?
I've been doing some studying on abortion, and have found something really scary.
Much has been debated on the status of the fetus within the mother's womb. Aristotle had conjectured that immediately after conception, the fetus is considered to be in a vegetative state. A few days later, this is exchanged for an animal soul, and possession of a rational soul only occurs later, 40 days for a male, and 80 for a female.
Now, interesting he uses the 40 day idea, which is also used in the Gemorro to describe the fetus as "mere water" until the 40th day. However, as will soon be explained, his theory seems quite wrong, and is generally no longer accepted. The Gemorro's, however, will still make sense.
It is in error to postulate that a fetus grows into life. Rather, it is life that make the fetus grow. So, we can't divide the fetus' life into stages, attributing different degrees of life to it.
The Tribunal of the Holy Office, the so called 'Beit Din' of the Catholic Church, clearly ruled that life begins even at the fetus stage, and thus any type of abortion is prohibited, at any stage of the pregnancy. This opinion, although seemingly quite logical to the Orthodox Jewish mind, goes so far to state, that even when a mother's life is at risk, the fetus may not be killed, and nature must take its course. Furtheremore, even if the newborn will survive for only a few hours, it is still prohobited to terminate it's life for the mother's sake.
Still logical?
It seems that Judaism's approach is the 'middle' path, the true path.
Indeed the fetus is alive, and deserves (almost) all the protection and attention Torah devotes to anyone elses life. (Perhaps it only begins after 40 days, but as soon as it begins, it is life.) However, when evaluating the value of one life against another, which Torah generally doesn't allow ("mai chozis etc"), here we can say that the mother's right to live is stronger than the fetus'.
My mother told me about a friend of hers which was registered to give birth in a Catholic hospital. When a friend of hers heard about it, she told her to immediately change hospitals. Now I understand why!
ps BH both mother and daughter survived, and are alive and healthy.
L'chaim - To Life!
posted by wolf family @ 12:06:00 AM
7 comments
7 Comments:
so is there a problem giving birht in cabrini hospital-im very interested to know. i assume its catholic, theres tzeielims all over the place
I know that St Vincent's hospital is a Catholic hospital. Do they deliver babies?
Cabrini.com.au isn't working, and I can't seem to find any association of Catholocism with Cabrini.
Masada should be just fine!
Just curious...whick circumstances must be present in order to decide the life of the fetus to be terminated? What if there is a 50/50 chance-is this 'enough'? also, if there is a situation where the fetus is endangering the mothers life-is it an halachic "commandment" to terminate the fetus's life?
I think any possiblity of pikuach nefesh is enough to warrant saving the mothers life.
Yes, "lo ta'amod al dam raecho' is a Biblical commandment.
If, however, a mother wishes to go through the pregnancy and endure the danger involved, she might be allowed to do so.
It gets quite complicated, with the percentages and different peoples rights.
Of course a competent rabbi needs to always be consulted.
Just to add an interesting twist in the Rambam:
With regards to the halacha of a Rodeph, the Rambam rules that 'all Jews are 'obligated' to save the nirdaph, even if it requires killing the rodeph'. (Hilchot Rotzeach, 1:6)
However, in halacha 1:9, the Rambam writes that "if a fetus is killing the mother, it is 'permitted' to cut up the fetus, because it is a rodeph".
Notice the change of expression.
V'avakesh mekorei gilyon zeh lehoir.
in the former the rambam is addressing the nirdaf, hence obligation, in the latter the rambam is addressing the horeg, hence it is permitted.
Very observative. Seems nice.
However, halacha 9 begins: "This too is a negative commandment (lo sochois einechoh) not to regard the life of the rodeph. Therefore our sages ruled, if a fetus etc."
It would thus appear quite obligatory to 'not regard the life of the rodeph'.
(Sorry for the delayed response, but I was in a matzav of the sforim ainom tachas yodi.)
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