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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EXOD583 Though the type of compensation is clear, the exact nature of the compensation is not. The question in this case is one of compensation, as in the rest of the compensation cases listed in chapter 21 of Exodus, for the principal injury to the woman, or, the lesser to the child. The question is whether this potential child has any inherent value or not. Rashi, again basing himself on Mechilta, states that the compensation is payment of the value of the fetus to the husband, by estimating the market value of a woman slave who was pregnant and of a woman slave who is not pregnant. The difference in the market value between them is the value of the fetus. It appears that in the evaluation of the compensation, at least, the fetus did have some inherent value – albeit not that of human life. Clearly, feticide is not linked with homicide at this level of argumentation. This point is confirmed by the rabbinic interpretation of the continuation of Exodus 21:23: "If any harm follows, they shall give life for life…". Here this compensation refers to the "harm" done to the woman. The death of the woman is then divided according to the formulation common in the capital punishment cases: "Life for life, eye for eye, tooth for tooth, etc.," a formulation usually understood as representing monetary compensation and not the actual taking of life for life. In the case of the death of the woman (i.e., life for life) there is a dispute among the rabbis as to whether the penalty for the perpetrator should actually be the death penalty or monetary compensation. Sanhedrin 79a.

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EXOD581 Killing a fetus is not considered murder. The punishment prescribed is monetary compensation (Based on this and preceding verse, and Leviticus 24:17).

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EXOD584 Abortion of a fetus, soon after conception, is an act of aggression prohibited in the Bible [this and following verse]. According to the Talmud, the killing of a fetus does not constitute murder and is not a capital offense (Sanhedrin 57b). A fetus may be aborted if the mother's life is endangered by the pregnancy (Ohalot 7:6). Abortion for the sake of destroying a defective child is not permissible, unless it is essential to the preservation of the physical and emotional health of the mother.

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EXOD585 See [[EXOD543]] Exodus 21:12 man ROSNER-BLEICH 120

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EXOD586 There are numerous sources that seemed to be in conflict with regard to answering the question of whether or not the fetus is considered a human life and, therefore, if an abortion is the equivalent of murder. A simple reading of the Torah verse involving a pregnant woman whose fetus is accidentally killed in a dispute between two people shows that a fetus is considered to be personal property rather than human life. In that case, when the loss of the fetus was caused accidentally, the Torah merely tells the culpable person to pay damages based on a certain formula of the value of the fetus. There is not even any hint of murder or immoral behavior, and payment for damages is all that is required. If the fetus were considered mere property of the mother, it certainly would be permitted to get pregnant in order to save the life of the father of the fetus. However, other sources make the status of that fetus much more complicated. (See. e.g. Genesis 9:6; Sanhedrin 40b; Maimonides, Hilchot Melachim 1:4; Mishna Ohalot 7:6)

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EXOD587 Many cynics may conclude that prayer really has no purpose: If the person deserves what he or she asks for a, he or she will get it without prayer. If the person does not deserve it, prayer will not help anyway. In addition, why should God need our prayers--doesn't He know our thoughts? Does He need to be praised or asked? To answer these questions, one must look at the Hebrew word "to pray," which is lehitpallel. Technically, the word has nothing to do with prayer. The root, based on the text in [this verse], means to judge, as explained by the Talmud. Megillah 15b. The word lethitpallel is the reflexive form of the word. Therefore, the word technically means "to judge oneself." Thus, all Jewish prayer translate as judging oneself and involves just that. God does not need our prayer, but we do. Each time a Jew prays, he or she is supposed to judge himself or herself and make an honest reckoning of good and bad. This allows the person to understand if he or she is worthy of what is being asked for. Through prayer, the person should grow, not God.

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EXOD588 The Talmudic interpretation of the words "an eye for an eye" [this verse], is that they merely enjoin monetary compensation. Such compensation, commensurate with the accidental destruction of life or limb, must be accepted as authentic, because it is truest to the spirit of the Torah.

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EXOD589 When the aim of a Rabbinic command is to enforce Biblical ruling in monetary assessments of damage, or to strengthen the claims of a hired servant, the Rabbis are vested with full authority to read a new meaning into the command, as in the case of the Lex Talionis [this verse]. Even in matters not strictly monetary such Rabbinic power was made manifest. Take the case of the Agunah, the anxious widow, whose remarriage was allowed on the corroboration of one witness only testifying that her lost husband was found dead. Even if that witness be a woman who elsewhere was incompetent in the eyes of the law to act as a witness, her evidence here was considered valid. The plight of such hard examples force to the Rabbis to reinterpret some of the Biblical laws on the grounds of humanitarian reasons advocated by the Torah [Yeb. 88a; Gitt. 3a].

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EXOD590 See [[EXOD583]] Exodus 21:22 fined FREUND 242

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