Mishpatim: A Surprising Biblical View on Abortion

I don't want to get too political, but... (which, of course, is inevitably the beginning of a blog post that DOES get political). So this is generally an area that I steer clear of, but I have to briefly dip my toe into a hotbed of political debate, because this week's Torah portion makes a pretty significant statement, and one that 

is often ignored. There are a lot of major controversial issues that are swirling around in the newspaper headlines these days, and many of them involve a (purported) clash between religion and politics, or what is often framed as the difference between Biblical and secular values. This is not the case. In fact, it is an endless source of frustration for many non-fundamentalists who consider themselves religious (e.g. ME!), that 'the Biblical perspective' has been co-opted by one side of the debate. You see, the Bible takes MANY positions, and is NOT monolithic on almost any subject. It is with that in mind that I venture (cautiously...) into the subject of abortion.

It's a pretty straight-forward issue, right? The Bible says 'it's a sin,' and secular heathens say 'go ahead!' One side of the debate says that the Bible is 'unequivocal' on the subject, pointing to verses like the opening of the Book of Jeremiah, where God says, 'Before I formed you in the womb, I knew you; and before you were born, I consecrated you.' (1:5) 

It could be argued that this verse defends a pro-life position, where the moment of conception (or before) constitutes actual life. And the other side of the debate says we have to look to more modern sources than the Bible. So you're either for the Bible or you're against it. But what if the Bible has more to say about abortion than that? What if a case was presented, say, that took the OPPOSITE position, and did not consider a fetus to be a separate and 'full' life until birth?

In this week's Torah portion, we see the following story: "When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined..." (Exodus 21:22) When we read this verse, in the context of abortion, we could get distracted into talking about intentional vs. unintentional harm, the value of life vs. monetary compensation, and the difference between miscarriage 

and abortion. But what I DON'T want us to miss, is the fact that the offender is liable for damages and not murder. Whatever you think of the legal system of Ancient Israel, or the fact that the continuation of the verse talks about the woman's husband being compensated, it is really important to acknowledge that the Torah does NOT see that fetus as a separate human being (yet), for whom the man is guilty of murder. That's a really BIG deal, no? To be clear, I'm not suggesting the Torah is advocating or recommending abortions; I simply want us to recognize that Biblical law does not give an unborn fetus the same rights as an infant (or adult) who HAS been born. In other words, the Bible is not unquestionably, unequivocally, unmistakably pro-life. Life does not begin at conception, and (depending on how far along this Biblical woman was in her pregnancy) it may not even begin at 20 weeks or later. 

Look, this is clearly a very complex and nuanced issue. But it bothers me greatly when the Bible is touted as supporting one world-view and one set of beliefs, when the Torah quite regularly does NOT offer easy answers or rock-solid ideologies. The Bible is notorious for saying things 

like 'Don't murder,' and yet in a nearby passage instructs you to kill someone gathering sticks on the Sabbath, or stoning a rebellious child to death. And you're telling me the Bible offers crystal-clear positions?!? Like everything in life, there's more grey area here than black-and-white. Let us just stop for a moment and acknowledge that this is a clash of personal beliefs and opinions, but that BOTH sides can find support in the texts of our Tradition. We need to stop and listen to what the other side is saying, rather than denouncing them as 'heretics' or 'Bible thumpers.' Contrary to popular belief, the Torah takes a MUCH more nuanced approach, and so should we.

Photos in this blog post:

1. CC image courtesy of John Collier on Wikimedia Commons

2. CC image courtesy of Eternalsleeper on Wikimedia Commons

3. CC image courtesy of Public Domain (Francisco de Goya) on Wikimedia Commons

4. CC image courtesy of Steve Evans on Wikimedia Commons