Question: My daughter-in-law is pregnant but doctors say there is a risk to her life and have advised her to terminate. But she wants to go ahead with the pregnancy. Is she right?

An Orthodox view:

There are two aspects of this question which are intrinsically linked that need to be addressed sensitively to answer it.

Firstly, from a halachic perspective, since every case is different, we cannot give a definitive ruling here without knowing more details and so it would be best to consult a competent halachic authority who also has good medical knowledge.

In general terms, it would depend on the level of risk that continuing with the pregnancy poses. If she is generally healthy and for some reason there is a high risk of dying because of the pregnancy then she must terminate but if the risk is very low, she can continue the pregnancy if she wants. We would also factor in the cause of this risk in determining the best decision.

This assessment is based on the verse, “You shall keep My laws and My rules…and live by them” (Leviticus 18:5). The Gemara derives an important principle from the words “and live by them”, that a person should not “die by them” meaning that pikuach nefesh – saving life — takes precedence over everything else. This is reinforced by another talmudic maxim, “Whoever saves one life is considered as if they saved the entire world.”

Jewish law views life to be of infinite value and so obligates us to do everything within our powers to save life. The complexity here is that one life threatens that of another, and the question is, if we can only save one, who do we save? We could argue that a pregnant woman’s life is inherently in danger because of the risks associated with pregnancy and childbirth, although thankfully maternal mortality rates in developed countries today are relatively low.

There is much discussion in reponsa literature as to the rights of an unborn child, whether a foetus possesses human status, and consideration of its potential development into a viable human being. If the pregnancy could be fatal to the mother, we might invoke the talmudic principle that her life takes precedence over that of her unborn child and she would be required to terminate.
However, if she discovered during pregnancy that she has a life-threatening illness from which she will shortly die, she does not need to terminate to live a few more months.

The second important consideration is pastoral. It must be devastating for a woman to be told that her life is in danger and she should terminate her pregnancy. We cannot fathom the potential impact on her mental and emotional wellbeing and, faced with the prospect of having to make such an unenviable decision, she will definitely need the unconditional love and support of her family.
 

Alex Chapper is Senior Rabbi of Borehamwood and Elstree (United) Synagogue

A Progressive view:

In such a morally complex situation, the most immediate response would be to obtain a second opinion and not just rely on one doctor’s verdict.

But assuming the situation is confirmed, then two aspects arise. The first is the long-established Jewish view that, unlike the Catholics who will put the life of the unborn child first, Judaism asserts that saving the mother takes precedence.

This is a value that goes right back to biblical times, with the episode in which two men are fighting and a pregnant woman gets caught up in the melée (Exodus 21. 22-5).

If she miscarriages and the baby dies, they have to pay a fine; but if the mother is killed, then they face the death penalty. The message is clear: the life that exists has greater sanctity than the life in potential.

This theme continues throughout Jewish thinking, with the child not being considered fully on par with the mother until its head emerges from the womb (although it should be protected as much as possible up to that point).

Such is the precariousness of new life that, traditionally, there is no funeral service for a child under a month old, though many rabbis would now do so for pastoral reasons.

But whatever the verdict of Jewish law, mothers still feel a relationship with their unborn child and highly protective. In your case, she is willing to risk her life, and even sacrifice it, for the child.

If she was certain to lose her life, this would count as suicide, which is strongly discouraged in Jewish tradition. But if this is just a possibility, and the odds are not overwhelmingly stacked against her, she does have the right to take that risk.

The second aspect is the consequence on others around her and she should not make the decision alone. How wise is it to risk making her husband a widower, or even one who then has to bring up a baby by himself if it survives? His opinion counts too.

In addition, if they already have other children, is it not irresponsible to render them motherless?

Of course, if this is her first pregnancy, she may be worried that she will not be able to have any children at all. Sad as that may be, there are now other options, from adoption to surrogacy. She might lose this child but still achieve motherhood.

Rabbi Dr Romain is convenor of the Reform Beth Din

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