[Avodah] Abortion isn't Murder

[Zev Sero]

On 17/07/2013 5:39 AM, Micha Berger wrote:
> On Tue, Jul 16, 2013 at 10:36:56PM -0400, Zev Sero wrote:
>> This disproves RMB's proposed diyuk of "KErodef velo rodef mamash"...
>
> Not /my/ diyuq, though. "RJHendell quoted RASoloveitchik who notes that
> the Rambam (Rotzeiach 1:9)... This is the shitah of ROY (Yabia Omer 4,
> EH 1)."
>
>> the unborn baby were only "KErodef", then it would be obvious that once he
>> is born that is not enough to justify killing him...
>
> And it isn't -- that's the end of that halakhah in the Rambam:
> "ve'im mishehotzi rosho, ein noge'in bo, she'ein dochin nefesh mipenei
> nefesh." If the baby wasn't born yet, we say it's kerodeif and abort
> to save the mother. But if te head emerged, we do not choose one life
> over the other. And the whole justification for the diyuq. RAS's point
> is more from the contrast than the "ke-".

Then why "mishamayim ka-radfu lah"?


-- 
Zev Sero               A citizen may not be required to offer a 'good and
zev at sero.name          substantial reason' why he should be permitted to
                        exercise his rights. The right's existence is all
                        the reason he needs.
                            - Judge Benson E. Legg, Woollard v. Sheridan