A Modern Hypothetical?

the jta’s youth journalism fellowship article discussed the “jewish” stake in the right to terminate a pregnancy.

the article touched on that “amanda kleinman, senior cantor at the westchester reform temple in scarsdale, new york, reviewed biblical texts that convey understandings of abortion in judaism. kleinman cited a case from exodus where a pregnant woman sustains an injury as a bystander during a fight and miscarries. the party who shoved the woman is required to pay a fine, but is not held accountable for murder.” [note: this section often has been offered as justification for abortion.]

both reform and the convervative jewish movements have historically embraced modern technology and science and balanced them with halacha (jewish law). employing a combustible engine to propel one to shabbat services has, within these branches been considered as kosher.

technology, since the invention of the gasoline powered automobile has ever so developed. social justice minded religious people now can drive their electric cars to shul on saturday to pray and feel good about saving the world from “climate change”. has there been ruling has been made as to whether one can “charge” the vehicle a the synagogue while davening on the day of rest?

technology also changed our understanding of pregnancy. miraculous conception has gone from the almighty to doctors at fertility clinics in vitro fertilization, not too long ago, was a new concept. while in biblical times the likes of hanna prayed to the master of the universe for assistance, todays parents whip out their credit cards to pay for some eggs to be fertilized in a test tube. likewise, caesarian births, c-section, have become commonplace. as of 2021, in the united states, more than 20 percent, 1 out of 5, deliveries are performed this way. likewise, developments in saving the lives of premature babies has become remarkable. in the united states, per the march of dimes, 10 percent of children, 1 out of 10, are born prematurely.

as youth embrace technology, and since both delivery and viability of children has radically changed, the following hypothetical is offered:

a husband and his pregnant wife meet at the doctor’s offices on friday. at the appointment, a caesarian operation delivery is scheduled for the following monday. on that sunday, however, the couple gets a call that their doctor. the doctor had an an emergency and the monday delivery was rescheduled for the coming friday. on that tuesday, tragedy strikes when the husband got in a quarrel with another man. this other man struck the husband’s pregnant wife and as a result she miscarried. the wife, however, survived.

in exodus, the law is as follows: “and should men quarrel and hit a pregnant woman, and she miscarries but there is no fatality, he shall surely be punished, when the woman’s husband makes demands of him, and he shall give [restitution] according to the judges’ [orders].”

how does one reconcile the fact pattern giving reform and conservative judaism’s orthodoxy towards the exodus law provision?

rather than continue this post with the arguments on both sides, you are invited to express your opinions. the primary question is, “in this instance, was there the taking of a life?”