Orthodox Rabbis Debate New York State’s New Abortion Law

Feb. 18 2019

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

Iran’s Attrition Strategy, and Its Weaknesses

Oct. 14 2024

On Yom Kippur, Hizballah fired over 200 rockets and drones at Israel, with one drone hitting a retirement home in Herzliya, miraculously without casualties. Yesterday, however, proved less lucky: a drone launched by the Iran-backed group struck a military base, killing four and injuring another 58, about twenty moderately or seriously.

This attack reflects Iranian strategy: Israeli defensive systems are strong, but so are Iranian drones and missiles, and with enough attacks some will get through. As Ariel Kahana writes, such an approach is consistent with Tehran’s desire to fight a war of attrition, denying Jerusalem the chance to strike a decisive blow. Kahana explains how the IDF might turn the tables:

It’s worth noting that Iran’s strategy of wearing down Israel and other U.S. allies in the region is not merely a choice, but a necessity. Militarily, it’s the only card left in Tehran’s hand. Iran neither desires nor possesses the capability to deploy ground forces against Israel, given the vast geographical distance and intervening countries. Moreover, while Israel boasts one of the world’s most formidable air forces, Iran’s air capabilities are comparatively limited.

Israel’s trump card in this high-stakes game is its unparalleled air-defense system. For years, Iran had counted on its network of proxy organizations to provide a protective umbrella against Western strikes. However, a year into the current conflict, this strategy lies in tatters: Hamas is reeling, Hizballah is on the back foot, and the various militias in Iraq and Yemen amount to little more than an irritant for Israel. The result? Iran finds itself unexpectedly exposed.

And when it comes to direct attacks on Israel, Iran’s options may be limited. Its October 1 attack, which used its sophisticated Fateh-2 missiles, was more effective than that in April, but not much more so:

Oded Eilam, drawing on his experience as a former senior Mossad official, . .  estimates [Iran’s] stockpile of these advanced weapons is limited to between 400 and 800. With 200 already expended in a single attack, Iran’s reserves of truly effective missiles may be running low. This raises a critical question: can Iran sustain a prolonged ballistic exchange with Israel? The numbers suggest it’s capacity for attrition warfare may be more limited than it would like to admit.

Read more at Israel Hayom

More about: Gaza War 2023, Hizballah, Iran