Jewish Views on Abortion

(6) Whoever sheds innocent blood, by human [hands] shall that one’s blood be shed; For in the image of God was humankind made.

(13) You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor.

(11) If two parties are fighting—one man with another—and the wife of one comes up to save her husband from his antagonist and puts out her hand and seizes him by his genitals, (12) you shall cut off her hand; show no pity.

(22) And if men strive together, and hurt a woman with child, so that her fruit depart, and yet no harm follow, he shall be surely fined, according as the woman’s husband shall lay upon him; and he shall pay as the judges determine. (23) But if any harm follow, then thou shalt give life for life, (24) eye for eye, tooth for tooth, hand for hand, foot for foot, (25) burning for burning, wound for wound, stripe for stripe.

(6) A woman who was having trouble giving birth, they cut up the fetus inside her and take it out limb by limb, because her life comes before its life. If most of it had come out already they do not touch it because we do not push off one life for another.

§ Rav Huna says: If a minor was pursuing another person in order to kill him, the pursued party may be saved with the pursuer’s life. That is to say, one is permitted to save the pursued party by killing the minor who is pursuing him, and one does not say that since the minor lacks halakhic competence, he is not subject to punishment. The Gemara explains: Rav Huna maintains that a pursuer, in general, does not require forewarning, and there is no difference with regard to this matter between an adult and a minor. The essence of the matter is rescuing the pursued party from death, and therefore the pursuer’s liability to receive the death penalty is irrelevant. Rav Ḥisda raised an objection to Rav Huna from a baraita: If a woman was giving birth and her life was being endangered by the fetus, the life of the fetus may be sacrificed in order to save the mother. But once his head has emerged during the birthing process, he may not be harmed in order to save the mother, because one life may not be pushed aside to save another life. If one is permitted to save the pursued party by killing the minor who is pursuing him, why is this so? The fetus is a pursuer who is endangering his mother’s life. The Gemara answers: This is not difficult, as it is different there, with regard to the woman giving birth, since she is being pursued by Heaven. Since the fetus is not acting of his own volition and endangering his mother of his own will, his life may not be taken in order to save his mother.

If a priest's daughter was married to an Israelite who died, she may perform her ritual immersion and eat terumah the same evening! R. Hisda replied: ... She performs the immersion but may eat terumah only until the fortieth day. For if she is not found pregnant, she never was pregnant; and if she is found pregnant, the semen, until the fortieth day, is only a mere fluid.

(1) The daughters of Zelophehad, of Manassite family—son of Hepher son of Gilead son of Machir son of Manasseh son of Joseph—came forward. The names of the daughters were Mahlah, Noah, Hoglah, Milcah, and Tirzah. (2) They stood before Moses, Eleazar the priest, the chieftains, and the whole assembly, at the entrance of the Tent of Meeting, and they said, (3) “Our father died in the wilderness. He was not one of the faction, Korah’s faction, which banded together against ה', but died for his own sin; and he has left no sons. (4) Let not our father’s name be lost to his clan just because he had no son! Give us a holding among our father’s kinsmen!” (5) Moses brought their case before ה'.

(6) And ה' said to Moses, (7) “The plea of Zelophehad’s daughters is just: you should give them a hereditary holding among their father’s kinsmen; transfer their father’s share to them. (8) “Further, speak to the Israelite people as follows: ‘If a householder dies without leaving a son, you shall transfer his property to his daughter. (9) If he has no daughter, you shall assign his property to his brothers. (10) If he has no brothers, you shall assign his property to his father’s brothers. (11) If his father had no brothers, you shall assign his property to his nearest relative in his own clan, who shall inherit it.’ This shall be the law of procedure for the Israelites, in accordance with יהוה’s command to Moses.”

(1) About that time Judah left his brothers and camped near a certain Adullamite whose name was Hirah. (2) There Judah saw the daughter of a certain Canaanite whose name was Shua, and he took her [into his household as wife] and cohabited with her. (3) She conceived and bore a son, and he named him Er. (4) She conceived again and bore a son, and named him Onan. (5) Once again she bore a son, and named him Shelah; he was at Chezib when she bore him. (6) Judah got a wife for Er his first-born; her name was Tamar. (7) But Er, Judah’s first-born, was displeasing to ה', and ה' took his life. (8) Then Judah said to Onan, “Join with your brother’s wife and do your duty by her as a brother-in-law, and provide offspring for your brother.” (9) But Onan, knowing that the offspring would not count as his, let [the semen] go to waste whenever he joined with his brother’s wife, so as not to provide offspring for his brother. (10) What he did was displeasing to ה', who took his life also. (11) Then Judah said to his daughter-in-law Tamar, “Stay as a widow in your father’s house until my son Shelah grows up”—for he thought, “He too might die like his brothers.” So Tamar went to live in her father’s house.

(12) A long time afterward, Shua’s daughter, the wife of Judah, died. When his period of mourning was over, Judah went up to Timnah to his sheepshearers, together with his friend Hirah the Adullamite. (13) And Tamar was told, “Your father-in-law is coming up to Timnah for the sheepshearing.” (14) So she took off her widow’s garb, covered her face with a veil, and, wrapping herself up, sat down at the entrance to Enaim (Petach Eynayim), which is on the road to Timnah; for she saw that Shelah was grown up, yet she had not been given to him as wife. (15) When Judah saw her, he took her for a harlot; for she had covered her face. (16) So he turned aside to her by the road and said, “Here, let me sleep with you”—for he did not know that she was his daughter-in-law. “What,” she asked, “will you pay for sleeping with me?” (17) He replied, “I will send a kid from my flock.” But she said, “You must leave a pledge until you have sent it.” (18) And he said, “What pledge shall I give you?” She replied, “Your seal and cord, and the staff which you carry.” So he gave them to her and slept with her, and she conceived by him. (19) Then she went on her way. She took off her veil and again put on her widow’s garb. (20) Judah sent the kid by his friend the Adullamite, to redeem the pledge from the woman; but he could not find her. (21) He inquired of the council of that locale, “Where is the prostitute, the one at Enaim, by the road?” But they said, “There has been no prostitute here.” (22) So he returned to Judah and said, “I could not find her; moreover, the local council said: There has been no prostitute here.” (23) Judah said, “Let her keep them, lest we become a laughingstock. I did send her this kid, but you did not find her.”

(24) About three months later, Judah was told, “Your daughter-in-law Tamar has played the harlot; in fact, she is pregnant from harlotry.” “Bring her out,” said Judah. “She should be burned!” (25) As she was being brought out, she sent this message to her father-in-law, “It’s by the man to whom these belong that I’m pregnant.” And she added, “Examine these: whose seal and cord and staff are these?” (26) Judah recognized them, and said, “She is more in the right than I, inasmuch as I did not give her to my son Shelah.” And he was not intimate with her again. (27) When the time came for her to give birth, there were twins in her womb! (28) While she was in labor, one of them put out a hand, and the midwife tied a crimson thread on that hand, to signify: This one came out first. (29) But just then it drew back its hand, and out came its brother; and she said, “What a breach you have made for yourself!” So he was named Perez. (30) Afterward his brother came out, on whose hand was the crimson thread; he was named Zerah.