‘A difficult and sensitive question’: Orthodox rabbis and abortion

GABI KALTMANN says abortion in Orthodox Judaism takes on extremely nuanced positions and individual cases require halachic guidance.

About 12 months ago, I was asked one of the most difficult questions that a rabbi can receive. A pregnant woman had her 20-week scan and learned her baby would be born without a complete brain. It was unlikely to survive the birth and if it did miraculously survive, a lifetime of round-the-clock disability care would be its likely fate. 

The woman was pained because she wanted to abort the pregnancy. Her doctors and care providers were supportive of any decision she made and under Victorian law, she had received clearance from the ethics committee at her hospital to proceed with a late-term abortion. She called me to ask if, under Jewish law, she could proceed with the abortion.

For me, it was a difficult and sensitive question.  

According to Halacha, a decision on the fate of an unborn baby must involve the input of a rabbi. Abortion in Orthodox Judaism takes on extremely nuanced positions. While many Christian groups avidly politicise abortion and want secular law to reflect the values of religious Christian law, abortion in Judaism is not seen as a political issue. Orthodox Judaism’s positions on abortion don’t fall neatly into pro- and anti-abortion positions. 

Halacha examines the welfare of the mother and the risks that such a pregnancy will have on her, including on her mental health. The appetite for risk to the mother among rabbis varies, but many rabbis will permit an abortion if there is any risk to the mother. The broader question is whether Orthodox rabbis would give permission when there is no threat to the mother or child.

In such a case, careful consideration should be given to the individual’s circumstances, and assess whether carrying an unwanted pregnancy, despite not arising from health conditions, could cause any harm to the mother.

With a non-viable pregnancy, such as the case that was brought to me, it is obvious that the mother, who was experiencing extreme distress, and depressive and anxious feelings about carrying such a baby full term, was entitled to an abortion under Halachic law.

Interestingly, in Israel, particularly among ultra-Orthodox communities, the question of pre-emptive abortion has become common. In such communities, where large families are encouraged, and women often bear more than 10 children, pregnancies will often carry on well past a woman’s forties.

At this age, the chance of conceiving a child with a disability or complications in pregnancy become more likely. In such cases, women will often have amniotic and genetic testing and before they become pregnant will seek rabbinic approval to proceed with an abortion if their pregnancy results in a baby who has a disability or would not be viable.

Halacha, unlike Christian law, does not seek to codify religious law into secular law. As Orthodox Jews, we understand that we are obligated to keep Jewish law, and non-Jews are bound by the Seven Laws of Noah. Beyond that, we do not have to enforce our values and law in the secular courts. 

Sometimes, in their haste to support legislation that aligns with Jewish law, I believe some Orthodox Jewish groups have been mistaken in partnering with religious groups to push for the codification of Jewish law in secular law. 

This is a grave mistake. For the pendulum can turn, and laws that do not consider the needs of Halacha can be codified in secular law. It’s not hard to imagine such circumstances, as periodically countries try to ban Shechita (kosher slaughtering of meat) or Brit Milah. I believe it serves no purpose to codify any religious law principles in secular law where a rabbi is competent to give an answer. 

The abortion debate in the United States and the overturning of Roe v Wade will continue to ripple across the world. But as an Orthodox rabbi in Melbourne, I know that we are treading a fine line. Our Halacha should stay separate. We should not emulate other religious groups asking for changes to bring Australian law in line with Halacha. 

It’s a position that is sometimes hard to understand from the outside but makes perfect sense when you consider what is at risk: the ability to practice our religion unencumbered. 

If a woman seeks an abortion, my position, as an Orthodox rabbi, is that she should seek Halachic guidance. There are plenty of sensitive rabbis who will listen carefully to her concerns and have the requisite knowledge and insight to deliver pertinent and important guidance. 

When the woman called me, I consulted with my rabbinic mentors and confirmed to her that under Jewish law, she was permitted to proceed with the abortion. She was nervous and asked me what would happen if G-d disagreed with my ruling. I said that in such a case, I would bear full responsibility. This was intended to comfort her and shift the responsibility for the decision to proceed with the abortion.

It was a painful discussion, but I know that Halacha supported both my decision and her welfare. 

Illustration: Avi Katz