Question: What is the Conservative Judaism perspective on abortion?
Rabbi Lerner,
I'm doing some research about Judaism and its views on abortion / reproductive rights. The one consistant theme I've seen in the sources is the idea that there is a distinction between the first 40 days since conception and the rest of the pregnancy. How does one determine if it's been 40 days or not? Does one start counting 40 days after the day of conception, which is usually day 14?
Thanks, Ben
Answer: Dear Ben,
You are right - abortion is a sad topic, no matter how the issue is resolved.
First of all, I believe that Judaism is neither pro-choice or pro-life in the contemporary politicization of these terms. It is pro-responsibility.
Pregnancy should occur only within marital sexual relations. If an when a pregnancy threatens the life of the expecting mother - from the earliest known moment of pregnancy through literally as the foetus may emerge - the life of the mother comes first. Some very liberal Scholars, including even a few Orthodox Scholars, interpret "threat" to mean against the emotional health of the mother, not only her physical health.
While abortion is permitted under these medical or medical-psychological conditions, Judaism does not permit abortion as a method of birth control, family planning, avoidance of certain possible birth defects (e.g. Downs Syndrome).
I hope that this is helpful. Check "abortion" in the Encyclopedia Judaica in the library as a start and the classic outstanding work, Birth Control in Jewish Law: Marital Relations, Contraception, and Abortion As Set Forth in the Classic Texts of Jewish Law by Rabbi David M. Feldman.
Best wishes,
Rabbi Dov
