Libby: shalom Rav I have an important question to ask you that I know is a difficult one...but is bothering me

Rabbi Shlomo Chein: ok

Libby: I am a law school student studying here in the US and have studied a lot about abortions in Constitutional law

Libby: for years I have been personally against abortions...i mean totally, and for a good reason.

Rabbi Shlomo Chein: ok

Libby: In fact, now that I have studied how abortions are performed, I am even more against it. However, i have one problem...

Libby: It is a known fact that the fetus doesn't start forming until the 9th week, why wouldn't abortion be allowed until then?

Rabbi Shlomo Chein: good question, here are two answers:

Rabbi Shlomo Chein: 1) when you say it is a "known fact" you obviously mean that as of scientific advancement of today it is a "known fact" - technically speaking in ten years from now it could be laughed upon

Libby: but today, the woman could see her baby on a tv screen developing...it is clear that there is nothing there so early on

Rabbi Shlomo Chein: are you saying that in regard to 1 or 2?

Libby: 1

Rabbi Shlomo Chein: true she can see, but absence of evidence is NOT evidence of absence - just because she can't see anything before that, that doesn't mean there is nothing going on before that

Rabbi Shlomo Chein: as a matter of fact it is quite obvious that something IS going on before that - for from sperm/egg to nine week fetus doesn't happen "overnight" - it happens over nine weeks

Libby: oh i know that the baby is forming, but it has not taken shape yet. Let me explain

Rabbi Shlomo Chein: so if there is something forming that is a sign of life - for dead things don't form

Libby: there is an economic that frames the argument in this way: The longer the woman waits, the more likely the baby is too survive and the greater the opportunity cost of aborting it

Libby: however at 2 weeks...no physical form is shaped yet...or even began to take shape

Rabbi Shlomo Chein: again, 1) we don't yet have the technology to monitor any forming, and 2) even if indeed there is no physical forming, that doesn't mean there is no life there

Libby: there is a life there...but let me ask you a related question

Rabbi Shlomo Chein: ok

Libby: abortion is such a serious issue not only because of the potential life, but also because of the accompaning policy concerns

Libby: for example...a woman could be raped and doesn't want to have the child of her rapist. I read many cases like that in class!

Rabbi Shlomo Chein: Are you talking about in the legal sense or in light of Judaism

Libby: why not allow this woman to have an abortion let's say 2 weeks in to the pregnancy? why should she have to carry this guy's son?

Rabbi Shlomo Chein: 1) 2 weeks in there is already life as we already established.

Rabbi Shlomo Chein: 2) while we think pregnancies happen by "accident" - G-d doesn't make "accidents" - so if G-d decided this sperm should form into a child (while millions of other sperms on a daily basis don't succeed in making a woman pregnant) then He has a reason for this child, and who are we to interfere with that

Libby: I agree with that statement...but where does that leave the woman? doesn't she factor into the equasion? the emotional distress of carrying a rapist's child...

Rabbi Shlomo Chein: that has to be dealt with, but not at the expense of killing the unborn child or interfering with G-d's desire to create a child through this sexual act

Rabbi Shlomo Chein: I don't believe so, but I am not sure about that

Libby: the reason that i ask is because the foundation of my problem is where do you draw the line between a potential life and mere existence? For example, a lot of things are alive and not dead. Does that mean that having an abortion at 1 week is the same as say masturbation?

Libby: It's hard to draw the line when nothing is yet formed

Rabbi Shlomo Chein: well according to the Torah masturbation is also strictly forbidden. However masturbation is merely the potential for life. Once a sperm is implanted in an egg "life" begins in the sense that it begins forming

Libby: I see your point and it's valid. The problem that i have is that there are many situations where a woman gets pregnant and is simply a bad example for a child...what then?

Libby: what if she takes drugs, drinks, and got pregnant? would it not be better to allow her to have an abortion say 2 weeks in

Rabbi Shlomo Chein: that is why we must, MUST, remember rule number one: G-d doesn't make mistakes. Sex doesn't automatically equal child - you need only to ask thousands of people who are trying to get pregnant - so if a specific sexual act yielded a pregnancy that means it was G-d's will that so be it

Libby: My mind is much clearer now

Libby: thank you very much for your time!

Libby: I really appreciate it

Rabbi Shlomo Chein: my pleasure - all the best

[Ed. note: The above perspective is the general Jewish attitude with which Judaism approaches the issue of destroying a fetus. When viewed in this light abortion is usually prohibited. However, there are exceptions to every rule and a qualified rabbi should be consulted in every actual situation. See also What is the Jewish view on abortion? for more details about the grounds for exemption.]