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JCH » Politics » Orthodox Conundrum

Abortion in Jewish Law, and Roe v. Wade in Jewish Public Discourse (110)

May 9, 2022 9:39 am

On Monday, May 2, Politico obtained a draft majority opinion, written by Supreme Court Justice Samuel Alito, to overturn Roe v. Wade, the 1973 court decision that broadly granted federal protection of abortion rights. The Court has affirmed that the leaked document is authentic, but also said that it’s preliminary. Regardless, this means that the 49-year-old constitutional right to abortion may soon be overturned, and instead each of the fifty states will make its own legislative decision regarding the legality of abortion.

Jewish people on both sides of this issue are lining up to support or denounce the potential Supreme Court decision, but it seems to be – perhaps only anecdotally – that many are doing so without a full investigation or understanding of what halacha actually says about abortion.

As Orthodox Jews, we may or may not want halacha to inform public policy decisions; but we also should at least know the approach of Jewish law before wading into the debate.

In order to get a better grasp of the halachic thinking that surrounds abortion, Scott invited Rabbi Dr. Jeremy Wieder back on the podcast to explain the issues involved, as well as to assert what he feels should be the Orthodox approach toward the potential overturning of Roe v. Wade.

(Rabbi Wieder asked me to issue a correction: at 23:08 he cites a second explanation of the Baalei Tosafot for why a person can desecrate Shabbat to save a fetus. This terminology used – “חלל עליו שבת אחת” – is used by Ramban, not Tosafot. Tosafot adopt the same fundamental stance, though they actually call it פקוח נפש.)

This halachic discussion with Rabbi Wieder includes a significant amount of halachic terminology. While much of it is translated in the course of the podcast, some of it might be unfamiliar to many listeners. With that in mind, I am including a glossary of sorts, along with the time signatures where terms first appear, in posts in the Orthodox Conundrum Facebook Page and the Orthodox Conundrum Discussion Group. If there are other terms that are unclear, please go to the post in the Discussion Group, comment there, and I or another listener will try to explain what the terminology means.

Please listen to and share this podcast, and let us know what you think on the Orthodox Conundrum Discussion Group on Facebook (https://www.facebook.com/groups/432020081498108).

Thanks to all of our Patreon subscribers, who have access to bonus JCH podcasts, merch, and more – we appreciate your help, and hope you really enjoy the extras! Visit the JCH Patreon site at https://www.patreon.com/jewishcoffeehouse.

Visit https://www.jchpodcasts.com/ to learn all about creating your own podcast.

Music: “Happy Rock” by bensound.com

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jewishcoffeeh Scott Kahn of JCH @jewishcoffeeh ·
20h

CCR is just fantastic. 54 years ago today and it more than holds up.

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jewishcoffeeh Scott Kahn of JCH @jewishcoffeeh ·
22h

I will be speaking with a rav about Hilchot Pesach on the next Orthodox Conundrum Podcast. If you have specific questions you'd like me to ask, please tweet a reply below or DM me.

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jewishcoffeeh Scott Kahn of JCH @jewishcoffeeh ·
20 Mar

I never stop being amazed that 25 years ago, Ramat Beit Shemesh didn't exist. Today it goes on and on and on; RBS A alone has over 100 synagogues - and there's also RBS B,C, D, and E - with more on the way.

I witness the Ingathering of the Exiles every time I walk outside.

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jewishcoffeeh Scott Kahn of JCH @jewishcoffeeh ·
20 Mar

Smotrich is a fool who speaks like a teenager, but this is rich coming from Jordan, where selling land to Jews is illegal and was punishable by death up to 1995.

https://www.timesofisrael.com/israel-seeks-to-calm-waters-with-jordan-after-racist-extremist-speech-by-smotrich/

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jewishcoffeeh Scott Kahn of JCH @jewishcoffeeh ·
20 Mar

Incredible, ברוך רופא חולים.

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