Orthodox Rabbis Debate New York State’s New Abortion Law

In January, New York State passed one of the country’s most permissive abortion laws. Its primary purpose is to uphold the legality of abortion should Roe v. Wade be overturned, but it also loosens restrictions on abortion in certain circumstances. Two Orthodox organizations—the mainstream Rabbinical Council of America (RCA) and the ḥaredi Agudath Israel of America—condemned the new law, but some more liberal Orthodox rabbis have dissented. According to the RCA’s statement, “Jewish law opposes abortion, except in cases of danger to the mother. Most authorities consider feticide an act of murder; others deem it an act akin to the murder of potential life.” Even though the RCA “supports that part of the law that permits abortion, even at a late stage, [if] the mother’s life is at risk,” it concluded that the law’s general permissiveness toward abortion is unacceptable.

To this, Ruth Friedman and Shmuel Herzfeld respond:

There is, in fact, nothing new [about the recent legislation], except insofar as it permits abortions after 24 weeks of conception in certain, limited situations that have long been permitted under Jewish law, but which previously were prohibited under New York State law. . . . That is something that we should be happy about. . . .

[Nevertheless], abortion “on-demand” is antithetical to halakhah. Traditional Jewish sources emphatically prohibit recourse to abortion except in exceptional circumstances. But traditional Jewish law also clearly diverges from traditional Christian dogma, considering it unnecessary and unhelpful to define life’s beginning at conception, [instead] allowing for its judicious use when halakhah demands it.

Daniel Korobkin of the RCA writes in his rebuttal:

What is clear halakhically is that all Orthodox [authorities] forbid abortion unless there is some degree of danger to the mother’s life. A very large number (I hesitate to say “most” because in a world where every rabbi has an equal vote, that word is largely moot) of 20th-century authorities have also ruled that once the fetus is viable—that is, capable of living outside the womb—aborting the fetus is tantamount to homicide. These authorities include: Rabbi Moshe Feinstein, Rabbi Aharon Lichtenstein, and Rabbi Shlomo Zalman Aurbach.

This does not mean that halakhah absolutely forbids late-term abortion. It does mean, however, that for a very large body of authorities, one would have to justify an act of killing a fetus in order to perform a late-term abortion. Such justification can indeed be made when the mother’s life is in danger. The new act, however, is overly liberal in making allowances for the sake of the mother’s health and also gives excessive latitude to those making such a determination.

Read more at Jewish Journal

More about: Abortion, Halakhah, New York, Politics & Current Affairs, Religion & Holidays

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden