[FONT=Georgia,'Times New Roman',Times,serif]In the Jewish tradition, only a few texts relate to the fetus, and thus to abortion. The Talmud states that for the first forty days, the fetus should be considered mere fluid in the womb (Yevamot 69b). Elsewhere, the Talmud twice (Hullin 55a; Gittin 23b) describes the fetus as "part of the mother" (ubar yerekh imo; the Latin counterpart is pars viscerum matris), which indicates the dependence of the fetus on the mother and, like Exodus 21:22-23, implies that the fetus has no legal personality of its own. The debate in Archin 7a on whether a condemned women who is pregnant should be executed immediately or after she has given birth seems to confirm that the fetus is not an independent entity, since the commentators tend to recommend immediate execution. Further support is lent by the interpretation given in Sanhedrin 76b on Leviticus 24:17: "If one smite any human person, then one is culpable." The "any" is understood to include the day-old child but exclude the fetus, for the fetus in the womb is "not a person," until born. Commenting on this verse, Rashi states that only when the fetus "comes into the world" is it a "person."
The pivotal rabbinic text on abortion is found in Mishnah Oholot 7:6.
If a woman was in hard travail [such that her life is in danger], the child must be cut up while it is in the womb and brought out member by member, since the life of the mother has priority over the life of the child; but if the greater part of it was already born, it may not be touched, since the claim of one life cannot override the claim of another life.
Again, the fetus is not a person when in the womb, but here the fetus becomes a person once the head or greater part of the body has emerged. It follows that when the Talmud in Sanhedrin 72b states that you are not permitted to murder one person in order to save another, the law is simply inapplicable to the fetus, because the fetus is not a person. Furthermore, the Talmud does allow dismemberment of a partially emerged child when the motherís life is endangered, thus according final priority to the life of the mother over the life of the child. These discussions turn on the technical Talmudic concept of rodef. The term for a potential murderer is rodef, a "pursuer" or, in contemporary parlance, a stalker, one who pursues another in order to kill him. Under normal circumstances, a rodef may be killed if this is the only way in which the life of the intended victim can be saved. Two conflicting viewpoints about the applicability of the rodef principle to the fetus are offered by commentators. Some commentators believe that when it is the child who threatens the mother, then the law of rodef applies, even though the rodef is a minor and so not responsible for his or her actions. Others believe that the motherís life is not being pursued by the child, but by "heaven," that is, the mother is dying as a result of natural causes, hence, the childís life cannot be made forfeit on the grounds of rodef, but there is still acknowledgement that the motherís life is to be saved at the expense of the child's life.
Abortion was not a sin in Jewish terms since it was not a human being. Only until birth
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