Quote:
Originally Posted by Aquila
I've spoken to a few rabbis about abortion. You do realize that in ancient Israel the right of the unborn to live was not recognized, especially if the woman was guilty of adultery. The oral tradition stated that a woman's execution was sure...even if pregnant because the Law of God made no provision for protecting the unborn. The only acception was if she were "on the stool" and giving birth at the moment. In fact the trial by ordeal was designed to not only determine an adulterous woman's guilt...it's purpose was also to destroy the seed in her womb.
Also they have a different interpretation of a passage we commonly use to defend the life ethic. Here it is (just for academic purposes):
Exodus 21:22-25
22If men strive, and hurt a woman with child, so that her fruit depart from her (miscarriage), and yet no mischief follow (she suffers no further harm): he shall be surely punished, according as the woman's husband will lay upon him; and he shall pay as the judges determine.
23And if any mischief follow (the woman sustains physical injury from the attack), then thou shalt give life for life,
24Eye for eye, tooth for tooth, hand for hand, foot for foot,
25Burning for burning, wound for wound, stripe for stripe.
Rabbinical authorities point out that this text is primarily concerned with the woman's physical well being after an accidental miscarriage. It is taken for granted that the child dies....the focus is the woman's welfare. The death of the child is an issue of paying restitution as the father demands and as the judges determine. But if the woman sustains further injury they are to render injury for injury.
I know that's not a popular interpretation among us...but it is a viable traditional interpretation that goes back to antiquity and was actually in place in ancient Israel.
Either way, the issue of abortion is best left in the hands of individual women.
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Can those rabbis substantiate their position from scripture or is this their tradition?
I'm glad you quoted from the Exodus passage but I believe you've mis-interpreted it. The ESV renders the passage as such:
Exodus 21:22-24 22 “When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman's husband shall impose on him, and he shall pay as the judges determine. 23 But if there is harm, then you shall pay life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, "
This is clear that if the woman is hit and the child is born and no harm is done either to the mother or child the man should be fined. However, if the child or mother is harmed equal retribution is to be obtained.
The term in the Hebrew it’s a combination of a Hebrew noun--yeled--and a verb--yasa--and literally means “the child comes forth". It does not automatically mean to be born dead. There are many other places where the term 'yasa' is used and they are as follows:
Genesis 1:24 “Then God said, ‘Let the earth
bring forth living creatures after their kind: cattle and creeping things and beasts of the earth after their kind’; and it was so.”
Genesis 8:17 [to Noah] “
Bring out with you every living thing of all flesh that is with you, birds and animals and every creeping thing that creeps on the earth....”
Genesis 15:4 “This man will not be your heir; but one who shall
come forth from your own body....”
Genesis 25:25-26 “Now the first
came forth red, all over like a hairy garment; and they named him Esau. And afterward his brother
came forth with his hand holding on to Esau’s heel, so his name was called Jacob.”
1 Kings 8:19 “Nevertheless you shall not build the house, but your son who shall be
born to you, he shall build the house for My name.”
Jeremiah 1:5 “Before I formed you in the womb I knew you, and before you were
born I consecrated you; I have appointed you a prophet to the nations.”
2 Kings 20:18 “And some of your sons who
shall issue from you, whom you shall beget, shall be taken away; and they shall become officials in the palace of the king of Babylon.”
Notice how all of these passages refer to 'live' babies/things-
There is only one place, that I'm aware of, in scripture where the term is used in relation to dead baby-
Numbers 12:12- "Oh, do not let her be like one dead, whose flesh is half eaten away when he
comes from his mother’s womb!"
The context is crystal clear that it should be a miscarriage not like the passages above. We don't infer that the child was dead from the term 'yasa' but from the context of the passage. The term itself has nothing to do with alive or dead. It must be taken by the context of the passage.