Not of One Cloth

An item posted yesterday (2/21) on JTA quoted political commentator Alan Steinberg as asserting that “[Sen. Rick Santorum’s]  stance on social issues will be a plus, particularly in the Orthodox community.” This is a markedly glib assessment however, reflecting both an ignorance of and disrespect for the sophistication and nuance of Jewish law. There may be other reasons that Orthodox Jews may prefer Santorum, but his positions on several social issues stand in stark opposition to deeply entrenched Jewish legal tradition.

Jewish law does prohibit abortion on demand. Not because it regards a fetus as a human being, rather because it sees a fetus as representing potential life.  Though this distinction may seem subtle, it carries enormous legal implications. Jewish Law not only permits but actually mandates abortion in a situation in which a fetus is (unwittingly of course) threatening the life of its mother. This is directed by the same principle that mandates that Shabbat be violated when life is in in danger. In Maimonides’ words, “the laws of the Torah were not given to inflict vengeance on the world, rather [to bring] compassion, kindness and peace to the world. (Laws of Shabbat 2:3)”.  Nor is the halachik discussion about abortion limited to cases in which the threat to a mother’s life is physical, with numerous authorities also regarding the prospect of severe emotional or psychological trauma as grounds for abortion.

And the issue is actually bigger than abortion per se. Jewish law bestows virtually no legal status at all upon fertilized embryos that are not implanted in a mother’s womb. This is why the Orthodox community has always been vocally in favor utilizing such embryos for stem cell research (See for example the statement of the