‘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.