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By Daniel Schiff

Abortion in Judaism provides an entire Jewish criminal background of abortion from the earliest correct biblical references throughout the finish of the 20th century. For the 1st time, nearly each Jewish textual content appropriate to the abortion factor is explored intimately. those texts are investigated in old series, thereby elucidating the advance inherent in the Jewish method of abortion. The paintings considers the insights that this thematic background offers into Jewish moral rules, in addition to into the position of halakhah inside Judaism.

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C.   ).  Regarding the killing of a fetus, Josephus seems to have taken a somewhat contradictory position on the seriousness of the loss. ” The Antiquitates extract is reminiscent of Exodus  :–, although it does not address the loss of the woman. But the lines from Contra Apionem are more akin to Philo, opposing both abortion and infanticide, albeit without reference to any differentiation between a formed and an unformed fetus. Two types of explanation have been supplied to account for the discrepancy between these two texts.

D. Bleich, “Abortion in Halakhic Literature” in Contemporary Halakhic Problems, volume , New York, Ktav Publishing House Incorporated, , p. . v. yashvah. Arakhin a. This Talmudic statement led some later authorities to maintain that – in circumstances other than those mentioned in the Mishnah – the husband’s permission would be required before an abortion could be carried out. See, for example, Tzitz Eliezer, volume , number , below, chapter , p. . Evaluating life  over those of her husband, which it is fair to surmise was probably quite a radical notion in the Tannaìitic period.

The age of the Amoraìim followed, lasting from    until the end of the fourth century  in the Land of Israel, and until the end of the fifth century  in Babylon. See M. ), The Principles of Jewish Law, Jerusalem, Keter Publishing, , pp. –. M. Niddah :. M. Niddah : discusses the fetus in a different context, so it cannot be concluded that the fetus was simply inadvertently omitted from :. Rather, as the Gemara (Niddah b) explains it, the definition of homicide is established at one place in the Torah (Leviticus :) as “if one strikes any nefesh adam,” meaning if one strikes – and kills – a nefesh adam of any age.

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