Well, here we are. Another year of reading Torah. Another year where reproductive rights are under threat in America. Of course, things have changed since the last time I wrote about Judaism’s attitude toward reproductive rights. In April of 2022, there were hints that the United States Supreme Court might, in fact, roll back the protections of Roe v. Wade. Now, we live in a post–Dobbs-decision America. Back then I had made lighthearted reference to the Jewish feminist icons Miriam and Devorah. Now, I don’t have much time for lightheartedness.  

In the spring of 2022, abortion bans were hypothetical. Now they’re real. Real people are dying. Both  infant and maternal deaths have increased as a result of these so-called pro-life laws. Doctors  are refusing to provide life-saving care out of fear of criminal prosecution. People are being forced to carry pregnancies to term when the fetus is known to have fatal abnormalities. Victims of assault and abuse are being further abused by a system that seeks to control their bodies.  

These are the stakes. Now what do we do about them?  

You may have heard that Judaism condones abortion, and this is true. This week’s parasha, Mishpatim, contains the first seeds of this. Mishpatim is all about the rules that governed ancient  Israelite society. Literally, the word Mishpatim means “rules.” There are rules about how men should treat their wives and rules about how children should treat their parents. Rules on how owners should treat their slaves, and the circumstances under which a slave may go free. Rules on the punishment for murder and manslaughter. And there’s also a rule about miscarriage. 

It’s two verses, and they go like this: if two people fight, and a pregnant woman gets caught in  the middle and a miscarriage happens, then the one responsible has to pay a fine. But if the woman suffers additional injury or death, then the one responsible should be punished according to the “hand for hand, foot for foot, life for life” rule. Clearly, the source text states that the life of the fetus is worth less than the life of the pregnant person. 

Jewish law doesn’t stop with the TorahRefers to the first five books of the Hebrew Bible, the Tanakh, also called the Five Books of Moses, Pentateuch or the Hebrew equivalent, Humash. This is also called the Written Torah. The term may also refer to teachings that expound on Jewish tradition. Read more, though. In his Mishneh Torah, Maimonides places the subject of abortion within the context of murderers and the preservation of life. He quotes the sages of the Talmud that if complications arise in a pregnancy, and the pregnant person may die as a result, then the fetus should be treated as a person who is going to commit murder. In order to preserve the pregnant person’s life, the fetus must be aborted. 

Rashi agrees with the sages, but for a different reason than Maimonides. According to Rashi, since the fetus has not taken a breath on its own, it is not even considered a life. This is why it is acceptable to perform an abortion. It’s important to note that both rabbis agree that  once the baby’s head has emerged and taken a breath, it is not permitted to kill the baby to save the parent’s life. 

So, yes, abortion is permitted in Judaism. Some have used this to argue that Jews ought to make a legal case that state restrictions on abortion violate our right to religious freedom, and are therefore unconstitutional. I agree with this sentiment, on the surface, but I think we can go  further. The right to an abortion is not only a Jewish right—it’s a human right. 

There’s another verse in Mishpatim that I think provides further guidance on how to approach expanding reproductive rights for all Americans. “You shall not wrong or oppress a stranger, for you were strangers in the land of Egypt.” Granted, this commandment was given in the context of the Israelites forming a majority. Today, Jews in America are very much not in the majority. But that doesn’t mean we should abdicate ourselves from the responsibility to care for and protect the wellbeing of the non-Jews around us.  

So, what do we do? Take action, in whatever way you can. Follow in the steps of Rabbi Abraham Joshua Heschel and “pray with your legs.” Follow the guidance of the late Congressman John Lewis and get in “good trouble.” If you can donate to Planned Parenthood, do it. If you are comfortable on the phone, call your representatives and senators. If you’re more about the written word, like me, then write an email. If there is a march for reproductive freedom, and you have the time for it, go out and make yourself heard. Now is not the time to sit on the sidelines. Now is the time to act so that we may continue to preserve life.