Abortion Text Analysis

Text 1 - Differentiating the born and as-yet-unbornExodus Chapter 21 22-23"and yet no harm follow, he shall be surely fined... if any harm follow, then you shall give life for life."This text shows that a foetus is not yet considered a life, as you can pay a price for it. In Judaism, life cannot be equated to money or value. Harm refers to death.

Text 2 - Kohanim and their families eating TerumahTalmud tractate Yevamot 69b"...until 40 days pass the foetus is merely water and not yet considered a child...For 40 days she is permitted to eat. After the 40 days she is forbidden to eat, even if her pregnancy has not yet been confirmed."The foetus is considered water until 40 days into the pregnancy as it needs the transformation to occur, just like the daughter of the Cohen transforming from a Cohen to not a Cohen, and thus going through a transition of being able to eat the Terumah before 40 days, and forbidden to do so after.

Text 3 - The 'Tumah' A person who has come in contact with a deceased personTalmud tractate Niddah 30a"...miscarried on the 40th day following conception is not considered as having discharged a child (Tumah)...miscarried on the 41st day following conception, she must observe the childbirth Tumah laws..."If the foetus miscarries in the first 40 days, the woman is not considered a Tumah as she hasn't been in contact with a deceased person because the foetus isn't considered a life yet.

Text 4 - When a pregnant woman is condemned to deathGemara tractate Archin 7a"...going out to be executed, we do not wait until she gives birth. She is put to death immediately...pregnant woman being tried for a capital offense who is sitting on the birth-stool, we wait until she gives birth before executing her.""we do not wait for a woman who is going out to be executed to give birth, for the foetus is part of her body.""Since the foetus has moved from the original position to exit the womb, it is a different body...thus it may not be killed.""we (are permitted to break Shabbat to) bring a kinfe, cut open her stomach and take out the child."We do not wait until a pregnant woman gives birth before she is executed as the foetus is part of her, not an independent entity. We dont wait so we don't 'steal' from the father.This shows that once labour has commenced, you can not terminate the life of the foetus.

Text 5 - Mishna tractate Ohalot Chapter 7 Mishna 6"If a woman in labour has a life threatening difficulty...her life takes precedence over its (the foetus') life...once it's greater part has emerged, it may not be harmed."You can abort the foetus if it is threatening the mothers life. If its head has come out, you cannot abort the foetus. Once the majority of its head has emerged, we can't touch him.

Text 6 - Rashi on OhalotGemara tractate Sanhedrin 72b"...foetus has not yet emerged...it is not considered a life...it may be killed.""...when it's head has emerged, we cannot touch or kill him...considered an infant...may not prioritise one life over another."

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