[Avodah] JP: What is Life?

[Rabbi Alec Goldstein via Avodah]

On Fri, Nov 6, 2015 at 1:52 PM, Micha Berger <micha at aishdas.org> wrote:
> The Igeros Moshe (CM 2:69.b) is in the minority on this position.

> Now, after, I bothered writing the below, I see that Chana Luntz
> translated the survey of sources from the Tzitz Eliezer vol 9 51:3. See
> <http://lists.aishdas.org/htdig.cgi/avodah-aishdas.org/2013q3/072692.html>.

> R' Unterman holds (Noam VI [1963], 1-11) that abortion is abazraihu
...

Hi Rav Berger,

Thank you for reading and writing.

I am not a Posek and I make no claims to be. The article was not primarily
intended as a halakhic piece, and indeed quoting the Rambam, Shulchan
Aruch, and Rav Moshe occupied only a small part of the article; and I
linked to two different articles with differing opinions about whether
abortion is biblical or rabbinic.

Personally I read that Rambam as suggesting abortion is a form of murder,
because the concept of *rodef* only applies to people, and the Rambam
applies it the case of the fetus. I am aware not everybody reads the Rambam
that way, but again, I am no Posek.

What are the implications of having Rav Moshe be in the minority? If we
reject Rav Moshe, we still are forced to admit it's prohibited, either
under the biblical *issur* or *chavalah* (or something similar), or it is
prohibited by dint of a rabbinic commandment.

We are rabbinic Jews. Even if abortion is a rabbinic prohibition, we do not
set aside rabbinic legislation unless there is a compelling reason to do
so.  The *halakhah *dictates that we must honor the status of the fetus as
a human or at least as human-like, and that was my main point. At the risk
of quoting myself, I would emphasize that my main point was:

"Are the pro-choicers, even if they reject science and religion, willing to
grant that the fetus has any protected status at all, or will they continue
to strip the fetus of any shred of human dignity it possesses? A society is
judged, after all, by how it regards it weakest members."

In other words, the article was more societal rather than halakhic. Thank
you for sending the additional sources and I will look them over after
Shabbos.

All the best,
Alec