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EXODUS | 21:22 fined — EXOD582 Some religions, such as the Catholic Chur...

EXOD582 Some religions, such as the Catholic Church, believe that life itself begins at conception. Others believe that life begins only at birth and that prior to birth there is no life concept at all. Where does Judaism stand on this issue, whose corollary will determine the view on abortion? Unlike the two "extreme" views, Judaism believes that taking the life of a fetus does not receive the death penalty in the time that the religious court system was functioning), as does one who takes the life of a one-day-old infant Maimonides, Hilchot Rotze'ach 2:6. A baby a day old (or a few minutes old) is treated as a full life in every way and has equality of life with the mother. Sanhedrin 72b However, a fetus has worth in Judaism, as a potential life, if not actual life, and therefore one who accidentally destroys a fetus pays a fine, according to Jewish law, but is not totally exempt in the eyes of the Torah [this verse] According to some opinions Maimonides, Hilchot Rotze'ach 1:9, the fetus is considered an actual life, but since it has not yet been born and has not yet shown that it is viable, it is treated only as potential life. Other opinions Rashi on Sanhedrin 72b state that until the fetus is born, it has no status of a life at all. Either way, the status of the fetus is potential, not actual life. Therefore, abortions are permitted in Judaism only if it is to save a life of the mother Mishnah, Ohalot 7:6 since that is a case of actual life versus potential life. But one may not abort a fetus for any other reason except to save an actual life, since the fetus' status as a potential life is sacred as well. Some authorities have extended the concept of saving the mother's life to the psychological sphere as well, so that if there is a potential that the mother's life maybe threatened, for example, the mother may commit suicide if she has to child, these authorities permit abortion. Responsa of Tzitz Eliezer, vol. 7, sec. 48, chap. 1, para. 8 and vol 8. sec. 36.

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Source KeyAMEMEI
Verse21:22
Keyword(s)fined
Source Page(s)67
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