[Avodah] Shapiro Gives Fiery, Unprecedented Assault On Abortion On His Fox News Special

Micha Berger micha at aishdas.org
Mon Oct 15 08:50:59 PDT 2018


On Mon, Oct 15, 2018 at 06:40:52AM -0400, Zev Sero via Avodah wrote:
: >and in fact achronim debate exactly what the prohibition is
: 
: With the Rambam's view, that it *is* murder, being a prominent option.

Except that the Bach explains that's is NOT what the Rambam holds. Which
is why Rotzaiach 1:9 distinguishes between aborting to save the mother
before crowning, and not committing infanticide a fraction of a moment
later after the baby crowns.

If abortion were murder, there would be no shift in priorities between
the mother's and baby's lives before and after birth.

Or: A "KErodeif" (as the velad isn't doing anything itself to risk the
mother) who isn't a full person may be killed, but once born, ein dochin
nefesh mipenei nefesh.

Rashi (Sanhedrin 72b "yatza rosho") says that the unborn fetus isn't
subject to "ein dochin NmPN" because it isn't a nefesh yet.

The Bach makes the Rambam conclude like Rashi, which I think the
contrast of halakhah 9 forces you to without the Bach. The Rambam
cites the kelal of "ein dochin" only in the 2nd case. Why?

Tir'u baTov!
-Micha

-- 
Micha Berger             Spirituality is like a bird: if you tighten
micha at aishdas.org        your grip on it, it chokes; slacken your grip,
http://www.aishdas.org   and it flies away.
Fax: (270) 514-1507                            - Rav Yisrael Salanter


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