[Avodah] Abortion Legislation
Micha Berger
micha at aishdas.org
Wed Jul 6 11:06:52 PDT 2022
I assume most of you have seen the exchange between R Michal Broyde
https://thelehrhaus.com/timely-thoughts/what-does-jewish-law-think-american-abortion-law-ought-to-be
and R Yitzchok Adlerstein
https://cross-currents.com/2022/07/04/the-demise-of-roe-v-wade-a-letter-to-rabbi-michael-broyde
In case you haven't, there are the links.
I am not talking about the issue of abortion itself, but the question
of how does the existence of Noachide Law translate into political
imperatives for the observant Jew? And second, what if that mitzvah is
far too nuanced to realistically find legal expression -- do we still
have some kind of political imperative to minimize non-piquach-nefesh
violation?
I would love to get people's opinions here.
Here is what I took away from RMJB on this subject, in the form of
two snippets:
I believe American Orthodoxy's relevant governing principle was
articulated in 1989 by Rabbi Chaim Dovid Zwiebel of Agudath Israel
of America in the related area of brain death:
The principle of religious accommodation is one that has stood
the American Orthodox Jewish community in good stead in a wide
variety of secular legal contexts... *it is in the interest of the
Torah observant community to combat secular laws that preclude
individuals from following the guidance of their individual
decisors*.[19] [Emphasis added.]
Agudah did not invent this idea; Rabbi Moshe Feinstein wrote as much
in 1977. Writing about proposed legislation regarding brain death, he
first noted the need, at a minimum, for a conscientious or religious
exemption clause in secular laws that mandated a particular view of
life and death decision-making[20] but ultimately favored a broader
view that governments ought not pass any such laws at all.
...
Freedom in matters of personal conscience is a better alternative
for America, American Jewry as a whole, and American Orthodoxy in
particular, than one which suppresses people's liberty by enforcing
a particular view regarding widely disputed moral issues such as
abortion. Moreover, Halakhah permits but does not mandatethat policy,
by not requiring Jews to seek enforcement of the Noahide laws. Within
the ordinary ambit of secular law, Orthodox Jewry should seek to
increase religious, social, and cultural freedoms even though this
will lead to violations of Jewish or Noahide Law. The alternative
reduces our communities' ability to function consistent with
Jewish law.
RMJB does give arguments for why one would think we should be promoting
more people doing Hashem's Will, but dismisses them. (Considers the
Lubavitcher Rebbe's Noachide campaign a daas yachid.)
RYA:
STOP BEING SUCH A DARN LITVAK!!!!
(Emphasis his.)
By which he means a stereotypical Litvak, not that real Litvaks tend to
be this way. E.g. he writes:
The point here is a different one, perhaps best characterized by an
oft-repeated teaching of Rav Soloveitchik, zt"l. He said that we have
not one mesorah, but three. The one that gets the most attention
is the mesorah of deed how we are to behave and act. We've put a
huge amount of energy in fleshing out the requirements of halacha,
and making them known to people. There is also a mesorah of thought:
what ideas should provide the conceptual framework for the Torah's
practitioners. Which ideas are essential, which are volitional and
which are dangerous and wrong. This mesorah is there, but a bit harder
to access, as it is not as well known, and not as sharply defined.
Finally, there is the mesorah that is the hardest one to determine,
although it is most definitely there. It is the mesorah of how we
ought to feel and emote. Assuredly it exists, although many are
unaware of that fact.
It is there that we find that Hashem is not indifferent to the sins
of non-Jews, or to their rejecting Him. There we find that those who
love Him will feel the "tzaar of the Shechinah" when people trifle
with His honor.
Tir'u baTov!
-Micha
--
Micha Berger It is a glorious thing to be indifferent to
http://www.aishdas.org/asp suffering, but only to one's own suffering.
Author: Widen Your Tent -Robert Lynd, writer (1879-1949)
- https://amzn.to/2JRxnDF
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