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LEVITICUS | 18:5 live — LEV213 Drawing a parallel from the commandment ag...

LEV213 Drawing a parallel from the commandment against the kidnapping and subsequent sale of a person into involuntary servitude [Exodus 21:16; Deuteronomy 24:7 - AJL], Rabbi Unterman (No'am, VI, 4f; Shevet me-Yehudah, I, 9f) cites the opinion of Rashi, Sanhedrin 85d, who maintains that this prohibition encompasses the sale of an unborn child as well. Although the fetus may not be considered a fully developed person, his kidnapper is culpable because he has stolen an animate creature whose status is conditioned by its potential development into a viable human being. Rabbi Unterman further notes that the unborn fetus lacks human status. Consequently, it is excluded from the injunction, "and he [man] shall live by them" [this verse], which justifies violation of other precepts in order to preserve human life. Numerous authorities nevertheless permit violation of the Sabbath in order to preserve fetal life. Rabbi Unterman views such permission as being predicated upon a similar rationale. Anticipation of potential development and subsequent attainment of human status creates certain privileges and obligations with regard to the undeveloped fetus. Consideration of future potential is clearly evidenced in the Talmudic declaration: "Better to violate a single Sabbath in order to observe many Sabbaths" (Shabbat 151b). Rabbi Unterman concludes that reasoning in these terms precludes any distinction which might otherwise be drawn with regard to the various stages of fetal development.

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Source KeyROSNER-BLEICH
Verse18:5
Keyword(s)live
Source Page(s)144
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