Abortion and Maternal Need: A Response to Ronit Irshai

Ronit Irshai, in a thoughtful analysis of the halakhic attitude towards abortion, advances the thesis that the halakhah has been influenced by a specific regressive attitude towards women. In particular, for ideological reasons, contemporary halakhic authorities have consistently put the fetus’s interest ahead of the woman’s. Irshai posits that modern decisors have by and large rejected a formulistic approach to halakhic decision-making regarding abortion, because of a specific attitude towards the women’s role. However, many modern authorities in fact take a very liberal approach towards abortion, allowing even late-term abortions in cases of maternal need. As for those who do take a more restrictive view, there are certainly talmudic and medieval sources to support this approach. I do not think this position meets Haym Soloveitchik’s criterion of “dubious legal worth,” such as would allow one to suggest an ideological or historical motive for the halakhic ruling.

I do think there is a need for feminine voices in the halakhic discourse. However, for many serious halakhic authorities, the woman’s needs are of the utmost concern in halakhic decision-making relating to the difficult question of abortion. I believe their attitudes are consistent with modern feminist thinking regarding the setting of priorities in this highly charged debate.