Torah for Repro Shabbat
I suspect that many of you think I am here to tell you that Judaism is pro-choice or pro-life, so you should be too. But I’m not here to share my personal political beliefs nor to convince you to agree with me. I’m here to tell you that Judaism’s approach to abortion and reproductive rights exists outside of the polarized spectrum of American politics and invite you to listen and learn with an open mind.
The verses in Parshat Mishpatim that Lauren and the rabbi read just now tell us that when two fighting men knock over a pregnant woman and cause her to miscarry, the person who knocked her over is obligated to pay financial damages. Putting aside the fact that the fine is paid to her husband, the loss of her pregnancy is not a manslaughter case that would result in the death penalty. Instead, it is treated with a relatively light consequence. Only if the woman herself is injured is the case regarded as a personal injury case where we apply “eye for an eye, tooth for a tooth,” etc, as the rabbi wrote about in the e-news this week. But because the fetus is still, well, a fetus, it is considered like one of the mother’s limbs. This may seem counterintuitive to some of us, since we value pregnancy in Jewish life. However, the Talmud teaches us in Tractate Yevamot that the first forty days post-conception–about 7-8 weeks as we count it today–the fetus has the status of “mere water” and after that is considered part of the mother’s body.
Since our tradition does not consider a fetus a legal person with the same rights as someone who’s been born, it not only permits the voluntary termination of pregnancy, but even requires it when the life or health of the mother is at stake. The Talmud in Tractate Sanhedrin instructs us to kill a fetus that actively endangers the mother’s life because we apply the law of “rodef” or pursuer. Even more radical, perhaps, is the mishna in Tractate Ohalot that states
הָאִשָּׁה שֶׁהִיא מַקְשָׁה לֵילֵד, מְחַתְּכִין אֶת הַוָּלָד בְּמֵעֶיהָ וּמוֹצִיאִין אוֹתוֹ אֵבָרִים אֵבָרִים, מִפְּנֵי שֶׁחַיֶּיהָ קוֹדְמִין לְחַיָּיו. יָצָא רֻבּוֹ, אֵין נוֹגְעִין בּוֹ, שֶׁאֵין דּוֹחִין נֶפֶשׁ מִפְּנֵי נָפֶשׁ
If a woman is having trouble giving birth, they terminate the pregnancy because her life comes before the life of the child. If the child is crowning, one may not touch it, because we may not set aside one person’s life for another.
Granted, we don’t often deal with cases like the mishna describes thanks to modern medical innovations like emergency c-sections. But we learn here that according to Jewish law, full personhood is only conferred once a birth is viable. There are many other sources throughout Jewish history that help us apply the principles we learn from these Talmudic sources to modern day abortion and reproductive healthcare - I invite you to join me tomorrow night to explore them in more detail.
Modern Jewish legal authorities, including the Conservative movement’s Committee for Jewish Law and Standards, have expanded “health of the mother” to include mental health. Our tradition understands that not all pregnancies result in a happy healthy baby and mother, even today. A teacher of mine recently wrote about how she has been pregnant seven times and has one child – an adorable, delightful, prayed-for child who would not exist if not for the wonders of IVF. Pikuach nefesh--saving lives--is a key principle in our tradition, as is upholding human dignity--kavod habriyot.
One in four people who can become pregnant will have an abortion by age 45, according to the Guttmacher Institute and the CDC. This includes Jews, and people in our own communities, and some who are in this room. Abortion is not something that happens to other people. It’s not theoretical. And it’s important to say explicitly that there are as many reasons to have an abortion as people in the world, and just as many ways to feel about it. Someone may celebrate the anniversary of her abortion because it meant she could leave her abusive partner, and someone – like my own mother – may mourn the D&E she received because waiting for a natural miscarriage could have killed her. And yet another may be part of the six out of ten women (CDC) who are already mothers and chose to have an abortion because otherwise she would not be able to care for her children.
As Jewish law teaches us - women have always had abortions and always will, but they aren’t always safe. In countries with permissive laws about abortion, only 1% of abortions are considered “the least safe,” but in countries with restrictive laws, 31% of abortions lead to sometimes fatal complications, such as heavy bleeding, infection, damage to internal organs or an incomplete abortion, according to the World Health Organization.
The fact is that we each know somebody who had an abortion, somebody who terminated a pregnancy. We each love somebody who had an abortion. I can think off the top of my head of four women I know who chose to end a pregnancy, and that’s just the people who have shared their truth with me. I am sure that over the course of my life I have shared class notes, danced at weddings, and eaten Shabbat meals with many others.
If you are part of one in four people who had an abortion, or an abortion-related procedure, I want to say in no uncertain terms that your experience - whatever it may have been - is valid. Your story is a gift - no matter how it began or ended. We are lucky to be in this community with you.
Abortion is highly stigmatized in our culture, which prevents people from sharing their experiences for fear of being shamed or misunderstood. But sharing personal experiences can be life-saving. For example, the gay rights movement could only have happened once people came out, by sharing their truth and empowering others to do the same; proving that LGBTQ rights aren’t an “out there” issue, but one that impacts our siblings, children, friends, colleagues. And now marriage equality is protected across the country, which multiple studies have shown caused a decline in adolescent suicide attempts. 134,000 fewer teens each year have attempted suicide because the generations before them changed the reality. Imagine how many more women would be able to receive life-saving and life-affirming abortion care if we gave them space just to talk about it? If we let them know that no matter their choices, we would be there to support them with an open mind and arms?
My challenge is two-fold: if you are somebody who had an abortion, someone who was touched by abortion in some way, your story is a gift. You can share it with whoever you want, but if you are in a place where it is emotionally safe to do so - I encourage you to share it with someone new. If you are not somebody who was directly impacted by abortion, make yourself a safe person to hear abortion stories. Listen actively without asking nosy questions or making assumptions. Leave your political beliefs at the door and ask them “how was that for you?” and say “thank you for sharing with me.”
It is by acknowledging the statistical reality of abortion and building communities where people’s truth can be heard and celebrated that we can be part of the holy work of pikuach nefesh and tikkun olam. Let’s build a better world together: one with less shame and stigma, and with more honesty and love. Shabbat shalom.