Originally posted by 80sU2isBest
I think that the Biblical stance on abortion does not stray from the topic.
Yeah, I think what sula meant was the straying into "written by God or by man?" stuff, which has nothing to do with abortion and might lead to an unrelated discussion about Biblical inerrancy.
Anyhow...without getting back into said who-"really"-wrote-the-Bible tangent, I wanted to toss in a comment on the Exodus verse, since that one always seems to come up in these discussions.
If you couldn't care less about the Exodus verse, please feel free to skip this post altogether.
Ironically, in Jewish law Exodus 21:22-25 is the traditional source for our view that abortion is
not murder. It's certainly strongly discouraged, because it means a human life that could've been never will be, and because traditionally in Judaism (and still among the Orthodox) it's just assumed that everyone intends to have children. Of course, at the time the Torah was compiled, most girls were married off at Bat Mitzvah age (12) and played no role in society except as wives and mothers, so it's unlikely these kinds of questions came up very often.
I'd translate verses 23-25 pretty much the same way whatever translation 80s quoted did, but not verse 22, so I'll go ahead and translate that one directly here:
וְכִי-יִנָּצוּ אֲנָשִׁים, וְנָגְפוּ אִשָּׁה הָרָה וְיָצְאוּ יְלָדֶיהָ, וְלֹא יִהְיֶה, אָסוֹן--עָנוֹשׁ יֵעָנֵשׁ, כַּאֲשֶׁר יָשִׁית עָלָיו בַּעַל הָאִשָּׁה, וְנָתַן, בִּפְלִלִים.
(vekhi yinatsu anashim vengafu ishah hara veyatse'u yeladeya velo yiyeh ason anosh y'anesh ka'asher yashith alav ba'al ha'ishah venatan biflilim)
Translating as literally as I can: "And if - they fight - men - and smite - woman - pregnant - and they make depart - her begotten - and not - he becomes - harming - to be fined - he shall be fined - such as - he will place - upon him - the husband of the woman - and he gives - according to the judgment."
Biblical Hebrew had no (known) term for an induced miscarriage. There is a verb
shakol which usually means 'to be made childless' (as by war) but occasionally, in a context of invoking chronic fertility problems, seems to mean 'to spontaneously miscarry' (invariably implying stillbirth), as opposed to the normal verb for 'to give birth',
yalad. And there's a noun for a stillborn baby,
nephel (literally, 'fallen one') as opposed to an ordinary newborn,
uhl--in fact, so far as I can think of this is how a spontaneous miscarriage outside the context of chronic fertility problems is always discussed, but it has no verb form and doesn't combine with
yalad; you wouldn't say "She gave birth to a
nephel". Anyhow, none of those words are used here; instead we have this awkward construction 'make depart her begotten'. Because nothing in the next three verses suggests that they refer to the 'begotten' (a newborn wouldn't have teeth or burns, and it's hard to imagine how any nonfatal injury to the mother could amputate its hand or foot) the Jewish understanding of this passage has always been that the 'begotten' 'departed' its mother dead, and the next three verses thus refer to any injury to the mother above and beyond the miscarriage. Therefore the fact that the penalty proposed by 21:22 is financial damages alone--which of course is not in keeping with standard Torah punishments for murder--is taken to mean that 'making depart the begotten' is not murder. For this reason you will not find any discussion, whether in the Talmud, Tosafot (medieval rabbinic writings) or the modern responsa literature, addressing the notion of abortion as murder. In fact the Talmud says of the fetus,
'lav nevesh hu'--it is not a person.
Speaking of murder, and since deep mentioned the Sixth Commandment, I'll also point out that what the Hebrew there reads is
Lo tirtzakh--literally, "Murder not"--using the imperative form of
ratzah, the verb for a malicious, unlawfull killing specifically; had it been meant as a blanket injunction against killing (which wouldn't make too much sense amidst all the Torah's blood and gore, anyhow) it would've been the completely different verb
Lo taharoq.