[Avodah] Abortion Psakim (was Minhag Yisroel and Gra on 2 Matzos vs.3 Matzos)

Dov Bloom dovb at netvision.net.il
Sat Oct 27 17:42:54 PDT 2007


Chana L. wrote : If one or one's wife is pregnant with Tay Sachs child, knowing the machlokus regarding the permissibility (or advisability) of abortion ... can allow one to avoid R'X or his followers without actually asking R'X and seek out a talmid of R' Y.
Arie Folger wrote:  Here I have a problem, for the shoel is focusing on the outcome. ...Choosing between RMF and REWaldenberg's respective 
pessaqim in this matter isn't one of mere choice, aborting a child is, according to some, a toladah of murder.I am not invalidating REW's opinion, but I do feel that the shoel, too, must approach his role with gravitas.

In the recent flurry of articles about R Avrohom Elkana-Kahana Shapira ZT'L (RY of Mercaz Harav Kook and Rav HaRashi for 10 years. His shloshim was a few days ago) I read that he was asked if one should teach about lenient psakim on abortion. The questioner was referring to the Tzitz Eliezer (Chelek 9 Siman 51) and R Shaul Yisraeli. I think the feeling was R Avrum answered "mitzvah lefarsem divrei hamekilim".  The Tzitz Eliezer's tshuvot on the subject are well known, RSY perhaps less so, but he has a tshuva in Amud HaYemini Siman 32. 

R Unterman wrote an article in Noam and in his shut Shevet Yehuda and was mahmir and opposed the Tzitz Eliezer's psak. The Tzitz Eliezer who was on the Beit Din HaGadol then while R Unterman was Chief Rabbi, didn't retract his opinion and reiterated it later and actually strengthened his kulot. 

The Ben Ish Hai in Shut Rav Pealim has a very meikil tshuva in Helek Aleph Even HaEzer 6 with relation to rape victims, R Uziel has a tshuva where the mother has an eivar in danger. Sheilat Yaavetz 1 43 discussed unborn mamzeirim and is meikel. 

The subject is certainly "sheilot hamurot" but there are a wealth of psakim over the last few hundred years. The Ahiezer in helek gimel and ROY in an article he wrote "Hafsakat HaHerayon LeOr HaHalacha bring down tens of sources. 

An interesting quickie tshuva online in Shut BeMareh HaBazak (signed by R Shaul Yisraeli) http://www.eretzhemdah.org/hemdatyamimheb/5766/Yitro66/shutim.htm







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