Schiff. Daniel. Abortion in Judaism. Cambridge and New York: 2002.

This is the “must-read” book on the topic of abortion. Schiff’s intention is to trace the legal history of abortion in Judaism. As a result, he is not agenda driven in terms of a given position on the topic. Rather, Schiff presents a fairly unbiased examination of the sources. Each source is examined in its historical context, which sheds light on the “external” versus “internal” positions and their possible impact on halakhic development.

Schiff begins with the biblical texts in Exodus 21, explaining them in the context of the Ancient Near East, and bringing modern academic approaches and medieval Jewish commentaries. He spends a great deal of effort on the word ason and the enigmatic phrase nefesh tahat nefesh. He next considers the Hellenistic influence in the Septuagint and an analysis of the Alexandrine, Philo, and compares these interpretations to that of the normative Jewish approaches in the Land of Israel. Schiff brings the tannaitic legal sources: Mishnah Niddah 3:7 (which gives no status to a conceptus for the first forty days), BT Niddah 31a (a baraita which relates to the supposed positive and negative repercussions of intercourse on the fetus and the mother during each trimester of pregnancy, i.e. it treats the conceptus as if it is valid life already in the first trimester), Mishnah Oholot 7:6 (which allows fetal dismemberment for the sake of the mother whose life is threatened during childbirth prior to the birth of the head or the majority of the body. After this point in the birthing process the fetus obtains the status of nefesh which makes it the same status as the birthing mother); Mishnah Arakhin 1:4 concerning the prohibition against delaying the execution of a pregnant woman liable to capital punishment unless she has begun to give birth (when the fetus may have taken on a slightly different aspect of vitality); Mishnah Niddah 1:3 (which acknowledges fetal existence only after three months of pregnancy); BT Sanhedrin 57b (in which R. Ishmael midrashically demonstrates that capital punishment is appropriate for Gentiles who abort); Genesis Rabbah 34:10 (BT Sanhedrin 91b) on Rabbi Judah the Patriarch and ensoulment which did not achieve legal import in subsequent discourse. The sources themselves are slightly contradictory, some giving a level of vitality to the fetus while others reject the significance of its vitality and allow extraction of the fetus for the sake of the mother. The normative position, that the fetus can be dismembered during the birthing process, carried the most weight legally. Schiff claims that the discussion in BT Arakhin 7a–b which permits transgression of the Sabbath for the sake of a fetus who does not have the legal presumption of life but whose mother died while giving birth is limited in the Talmud to a full-term or near full-term birth. He mentions R. Yohanan’s position (BT Temurah 25a), that the fetus is not a limb of its mother, to demonstrate that the amoraim have “taken substantive philosophical strides while not making any correlating legal adjustments” (44). This statement, however, weakens the control of women over their bodies by giving the fetus independent status. This section of the book I believe is the most problematic. While Schiff considers the possibility that the discussion in Arakhin is theoretical, he does not state that it is inconceivable to consider cutting up the mother’s body in order to remove a fetus prior to potential viability (seven months). The discussions of the fetus as a rodef are also not entirely legally consistent. Schiff’s statement (54) “that little unauthorized abortion took place among Jews during rabbinic times … and effective contraception was unavailable,” is entirely speculative and probably without basis in reality. Riddle suggested that there were very effective modes of contraception and chemical means of abortion available in antiquity. It is very likely that the knowledge of contraception and abortion was entirely in the hands of women and the written record made by men did not systematically record this until the Middle Ages through Greek and Arabic medical books. Even papyri from Egypt mentioned abortifacients and contraceptives. Moreover, the fact that the rabbis did not obligate women in procreation simply reinforced women’s control over their own bodies.

Schiff then mentions Rashi’s position that the fetus is a non-nefesh, from which a leniency in the matter of abortion can be derived. He also brings Maimonides’s position that the fetus can be considered a rodef toward whom no mercy should be shown if the mother’s life is threatened during the birth. Schiff presents the strict interpretation of rodef, i.e. once the head emerges, the fetus no longer is pursuing the mother and for that reason cannot be dismembered. This is a very limited interpretation of Maimonides. As a physician, Maimonides would know that once the head emerges, the greatest but not the only danger in the birth process is over and this is reflected in this law, which was stated in Hilkhot Rozeah (1:9) but does not necessarily reflect Maimonides’s position in pre-labor situations. Maimonides can be interpreted as obligating dismembering the fetus to save the mother’s life at birth and allowing abortion at other times, essentially holding a position similar to Rashi’s that the fetus is not a nefesh. This understanding of Maimonides is found in many late authorities. Moreover, Schiff discusses the conflicting positions in Tosafot Niddah 44a, which states that it is permitted to kill the fetus, and Tosafot Sanhedrin 59a and Hullin 33a which state that this is not permissible. He follows up these disputes in later authorities, demonstrating lenient positions as well as more stringent positions. He examines the few responsa which relate to abortion from the Middle Ages to the early twentieth century which demonstrate a marked tendency towards leniency.

Schiff’s greatest contribution is his deconstruction of the modern responsa, thereby uncovering rabbinic agendas. Moses Feinstein, writing in 1977 at the height of the abortion controversy, permits an abortion only if the mother’s life is definitely at stake. He forbids prenatal testing because abortion, a possible mode of action as a result of defective fetuses, is forbidden. Schiff points out external influences on rabbinic agendas, e.g. Feinstein’s worry about “great licentiousness.” He is sensitive to language issues in the abortion debate and their significance, e.g. “appurtenance to murder” (Unterman), “crime” (Jacobovits), “moral murder” (Rosner), etc. and can demonstrate that these are new terms without basis in the traditional sources. The rabbinic agendas concerning contraception are obviously strongly influenced by the Holocaust and a low Jewish birth rate, hence some of that concern is reflected in approaches to abortion. Birth control, convenience and, for most Jewish authors, even economic factors cannot be justification as causes for abortion.

After clearly demonstrating that issues external to the traditional sources have great impact on the way these are brought (or conveniently not brought or given lesser weight) by certain poskim, Schiff introduces women’s voices into the abortion debate. He also presents the situation in Israel where civil law is influenced by halakhah but not in compliance with restrictive interpretations of it. He presents R. Emanuel Rackman’s contention that logic, a sense of justice and the needs of society are critical parts of all legal systems, including halakhah. The articles reviewed below tend to present what R. Rackman calls a mythical view of the application of practical halakhah, i.e. that it is immutable, totally objective, uninfluenced by current conditions and circumstances and that it never transcends its own rules. Schiff should be congratulated for bringing an unbiased presentation of the traditional sources, medieval and later authorities, for deconstructing the positions of modern poskim, and for presenting the crucial perspectives of women as well as the non- Orthodox Jewish views.

Bleich, J. David. “Abortion in Halachic Literature.” In Jewish Bioethics, edited by Fred Rosner and J. David Bleich, 155–196. Hoboken, NJ: 2000. Reprinted from Tradition (Winter 1968).

This is a very thorough article representing the present day strict consensus of Orthodox thought on abortion, which adopts only the most stringent positions. It begins with consideration of whether the basis of the prohibition is biblical or rabbinic, making a distinction between abortion by physical dismemberment or drugs. It discusses whether feticide equals homicide, or an appurtenance of homicide, or something different. Bleich goes on to analyze the halakhic status of the embryo during the first forty days when it is considered to be mere water. He includes the opinions of Rabbis Unterman and Zweig which prohibit abortion even in the first forty days unless the mother’s life is in danger. These rabbis consider themselves bound by an obligation to preserve the fetus. Bleich mentions opinions where the status of the embryo/fetus is questionable for the first three months, bringing R. Waldenberg’s permission to abort a defective fetus or suspected defective fetus during that time. He discusses whether abortion constitutes wounding the mother and hence a possible reason to prohibit it. His discussion does not take account of the “morning after” pill or the drug RU-486, the so-called abortion pill, which was developed later and may eliminate some halakhic concerns.

As abortion is forbidden to the Noahides by tannaitic midrash, the idea that what is forbidden for Gentiles should certainly be forbidden to Jews dominates the strict consensus of the Orthodox position. Bleich analyzes the concept of rodef using only a stringent interpretation of Maimonides, i.e. only when the mother’s life is at stake and prior to the emergence of the fetus’s head can the fetus be dismembered during or before birth. He includes discussion of some positions in which a pre-existing medical condition of the woman is exacerbated to a dangerous situation by a pregnancy. Nevertheless, abortion is prohibited by those authorities whose position he discusses, while neglecting to bring the lenient positions. He discusses the situation where a pregnancy constitutes only a possible danger to a woman’s life. Bleich refers to poskim who make an analogy between miscarriage and abortion without taking into account the context of the modern abortion debate which is not at all addressed in classical texts. It should be noted that a woman’s desire to avoid the pain of a difficult pregnancy is considered a valid reason to allow certain types of contraception as women are not obligated in procreation.

Bleich discusses the halakhic status of the fetus as a “limb of its mother” and the possible change in that status as the birth process begins, noting that only in the case where the fetus is considered a rodef could abortion be allowed. He does bring a number of lenient opinions when the mother’s health or organs are at stake: if the pregnancy would cause deafness, R. Ouziel allows an abortion before the birth process begins; R. Emden permits an abortion for a serious medical reason prior to the birth process; and R. Joseph Trani and R. Waldenberg sanction abortion when it is in the interest of the mother’s health or even to avoid severe physical or mental pain. He also brings several poskim who forbid abortion unless there is a definite threat to the mother’s life. Psychiatric grounds for abortion are not thoroughly discussed. The idea that personhood attains only at the full-term has allowed some poskim to be lenient. Abortion of a mamzer has been allowed by a number of rabbis (including Emden and Ouziel) but forbidden by others. Abortion of an abnormal fetus is absolutely forbidden by Rabbis Unterman and Zweig, including risk of severe fetal deformity due to maternal exposure to German measles and thalidomide. Bleich’s article was written well before the German measles epidemic in Israel in the late 1970s, when exposure was a sufficient cause for abortion for almost the entire rabbinic community. He refers to R. Waldenberg’s permission for abortion due to grave necessity up to the seventh month, e.g. in the case of a Tay-Sachs fetus.

The article is thorough, with many notes which are chiefly references to the responsa literature. The main weaknesses of the article lie in a tendency on Bleich’s part to see the stringent positions as mainstream, thereby placing lenient positions as marginal; the author’s failure to relate to psychiatric disorders; and the article’s outdatedness.

Jacobovits, Immanuel. “Jewish Views and Abortion.” In Jewish Bioethics, edited by Fred Rosner and J. David Bleich, 137–154. Hoboken, NJ: 1979, 2000. Reprinted from Abortion and the Law, edited by D. T. Smith, Cleveland: 1965.

R. Jacobovits presents the stringent Orthodox position and phrases deviation from it in very negative terms. The only indication considered for abortion according to him is a hazard to the mother’s life. Destruction of the fetus is a grave offense but not murder. It should be noted that the traditional sources make no reference to abortion as a “grave offense.” Several of Jacobovits’s positions are nothing more than arguments from silence. He makes no distinction between abortion as it is considered in the modern abortion debate and a “difficult birth,” which is the reference in traditional sources. He does mention the permission by R. Emden for aborting a mamzer and the prohibition of such by other poskim who argue that abortion in this case would open the gates of immorality and debauchery because it would create a situation in which adultery would not have tangible repercussions. It is doubtful whether the establishment of this principle for punitive reasons without reflection on the consequences to the mother’s health, including mental health, since she carries the greatest burden for pregnancy, childbirth and early child care, is conscionable. Jacobovits insists upon previous experiences of mental imbalance before a psychiatric criterion allowing an abortion can be applied. He mentions R. Unterman’s absolute prohibition of abortion unless the mother’s life is at stake and his view that abortion is an appurtenance to murder.

Jacobovits views the prohibition of abortion as a deterrent to immorality without reflecting upon the immorality of men tolerated in traditional marriage (fornication without charges of adultery). His claim that “the sanctity of life is inviolable” is simply not true in Jewish law, e.g. a premature baby does not have full human status. Jacobovits ends his article with a quotation from Philo on Exodus reflecting the Hellenistic Bible translation, where destruction of a formed fetus constitutes murder. This became the basis of the Catholic position on abortion, which seems to be his preferred model.

Washofsky, Mark. “Abortion and the Halakhic Conversation: A Liberal Perspective.” In The Fetus and Fertility in Jewish Law: Essays and Responsa, edited by Walter Jacob and Moshe Zemer. Pittsburgh: 1995. Studies in Progressive Halakhah, Volume 5.

This is perhaps the best theoretical article on the halakhic reasoning concerning abortion. It explains the concept of halakhic consensus in the Orthodox world today. Washofsky defines consensus as the view held by a preponderance of Orthodox authorities as the single correct halakhic position despite the other plausible interpretations that exist. He demonstrates how this consensus is represented in the methods of three modern poskim. The method of consensus presents dissenting views as less correct and less authoritative, if it bothers to present them at all. Consensus attempts to reduce a multitude of halakhic opinions to a single truth. This “truth” is generally agenda-driven and an attempt to delegitimate all other positions. It should be noted that as the abortion debate became more public, Orthodox Jewish positions became more solidly entrenched in the pro-life camp, possibly because of the vociferous objection to abortion on the part of the Catholic Church. This is based on “whatever is prohibited to Gentiles should, of course, be prohibited to Jews.” Schiff (see above) critiques Washofsky’s presentation of a single consensus, claiming that there is both a lenient and a stringent Orthodox consensus.

Washofsky argues that the so-called “correctness” of the consensus position has been established by mechanical and formalistic means imposed from without. This external influence creates an intellectually interesting but halakhically unpersuasive conceptualization. He believes that this is driven by the desire for the “objective” truths, something which contradicts the entire significance of Talmudic argumentation. Washofsky sees halakhah as a rhetorical practice rather than a science, a dialogue among the potentially correct interpretations of law.

Washofsky analyzes the position of R. Hayyim Soloveichik (1853–1918), a major proponent of the Brisker analytical method which has a high degree of conceptual abstraction. He explains how Soloveichik used the “two law” method which explains a halakhic concept as consisting of two basic components, each of which is held by one author or source. Disagreement among authorities is reduced by this method to a difference of emphasis. For Soloveichik, the rodef concept includes the intention to save the victim and the possibility of stopping the pursuer even at the cost of his life. The concept of saving a life (pikuah nefesh), based on the equal status of all people, can set aside nearly all commandments. Soloveichik’s solution was to create a semi-rodef (i.e. the idea of pursuit by Heaven removes the obligation to sacrifice the rodef to save the victim) and a semi-nefesh (if the fetus is a rodef then it is a complete nefesh and only mortal danger to the mother justifies sacrificing the fetus). This reduces Maimonides’s position to one in which abortion is justified only if the mother’s life is at stake, rather than the more lenient interpretation that in that case abortion is obligated while in other cases abortion is permitted.

Washofsky analyzes the position of R. Moshe Feinstein (1895–1986) on abortion. Feinstein claimed that abortion was prohibited to Jews because it was prohibited to the Gentiles. Feinstein made the claim that the availability of abortion creates the need for a fence around the Torah. He further argued that no one could disagree with Maimonides (in the strict interpretation of his position) if his contemporaries did not disagree with him. He claimed that Tosafot Niddah 44a, which stated that it was permissible to kill the fetus, was a scribal error and that R. Trani’s lenient position was a forgery by his student. This led to the position that there is only one “correct” answer to a halakhic question. Feinstein dismissed the legal plurality inherent in the texts which is an arbitrary nullification of legitimate alternatives. He was attacked on his position by several of his contemporaries, who maintained that Feinstein was incorrect to ascribe to different opinions scribal errors and forgeries. It is also not true that Maimonides’s contemporaries were silent and did not disagree with him on this issue.

The third position which Washofsky analyzes is that of Rasson Arusi, who classifies rabbinic texts in order of their halakhic importance. Arusi claims that the lenient opinion found in Arakhin 7a is not directly connected to the topic, while the strict interpretation of Mishnah Oholot is directly relevant. He ranks the posek (Maimonides in the strict interpretation of his position) above the commentator (Rashi for his leniency in reference to nefesh), ignoring the fact that initially all poskim must also be commentators on the text. He also claims that halakhic compendium (e.g. Maimonides’s Code) is more authoritative than responsa, neglecting the position that the concrete situations addressed in responsa may yield a deeper understanding of the law.

Orthodox consensus functions in the abortion question by the invention of new halakhic concepts, elimination of contradictory evidence or the institution of (contestable) systems of decision making rules. Controversial questions are thereby reduced to one “correct” answer. Washofsky suggests that the correct model for halakhic decision-making is the model of conversation (dialogue). In this model the positions held by various poskim and commentators are all considered legitimate and acceptable interpretations of law. It is the job of the posek to persuade the halakhic community of his position. This would retain the plurality of halakhic difference which over the generations kept Judaism vital.

Rosner, Fred. Biomedical Ethics and Jewish Law. Hoboken, NJ: 2001. Despite the publisher’s statement that this book is a new work with updated chapters from Modern Medicine and Jewish Ethics (second edition, 1991), the chapters on contraception, artificial insemination, in vitro fertilization, abortion and multifetal pregnancy reduction are identical to the 1991 edition (“Abortion,” Chapter 15, 175–196).

Rosner gives a brief overview of the impact thalidomide and German measles had on state abortion policy. He mentions the Catholic position which is more concerned with the status of the fetus because the mother has already been baptized, the Lutheran position which is close to the Catholic position but allows fetal sacrifice if the mother’s life is endangered, and the Unitarian position which leaves abortion up to the doctor and patient. He then sets the basis for the Jewish position on abortion from Exodus 21:22–23 where ason refers to the mother’s death and the position that the fetus is not equal to a complete person (nefesh). He refers to Maimonides’s position on the fetus as rodef (in the strict sense that only if the mother’s life is at stake can the fetus be dismembered rather than the obligation to do so in that situation and the possibility to do so in all other situations even where her life is not threatened). Rosner devotes a section to Jewish moral considerations on abortion which emphasizes the most stringent positions, e.g. the fact that this text does not include intentional or induced abortion which should fall under the category of “exempt [from murder culpability] but forbidden.” According to this logic, saving the mother’s life in Oholot 7:6 would constitute “moral murder” of the fetus. Rosner claims that each fetus, even if handicapped, could become a person, perhaps even a genius. Rosner denigrates the concept of “the fetus is a limb of its mother” because “the fetus has far greater potential than any limb of its mother.” He makes a philosophical/moral argument against abortion: God willed the pregnancy and the woman seeking an abortion is exhibiting lack of faith. According to him the horrible destruction of the Holocaust should prohibit abortion. The father’s voice, the siblings’ voice and the fetus’s voice should have the power to limit the mother’s voice. Rosner also considers that “abortion on demand” is for social reasons such as poverty, housing, an unintentional pregnancy, convenience and the happiness of the adults, and therefore unjustified. He compares it to murder and suggest that a moral physician might refuse to perform an abortion. Rosner makes a long list of why abortion on demand cannot be a Jewish practice: a prohibition against the destruction of seed, the fetus already considered to be a partial person forty days after conception, the prohibition of a woman injuring herself (R. Trani and Zweig), appurtenance to murder (Unterman), the applicability of Genesis 9:6 understood as “the blood of a person within a person” to prohibit abortion (Unterman) and the interpretation of Oholot 7:6 that only when the mother’s life is in danger is an abortion permitted (R. Jacobovits and Zweig). He progresses to a total stringency prohibiting abortion except when the mother’s life is at stake. He does not relate to the fact that Oholot is outside the normal abortion debate and does not relate to the health and safety of the mother in the progression to total stringency. Birth of defective children affords them legal protection; thus infanticide is prohibited. He notes R. Waldenberg’s leniency in reference to Tay-Sachs pregnancies and R. Feinstein’s demand for individualized decisions even in the case of Tay-Sachs. He brings the position of R. Yitzhaq Silberstein who held that if both parents are Tay-Sachs carriers they should divorce, but if that is too hard they should reproduce and hope for the best. They need not continue to procreate if they have fulfilled the obligation by having had two viable children. He does state that in the first forty days after conception a minority of poskim allow abortion for health concerns or socioeconomic reasons (e.g. R. Schneur Zalman of Lublin) or for rape or incest (R. Emden). Rosner creates a strong sense of prohibition by emphasizing the positions of R. Jacobovits, Zweig and Unterman, who denounce the lenient rulings. This tendency to denounce lenient rulings is fairly universal in articles available in English.

Steinberg, Avraham (tr. Fred Rosner). “Abortion and Miscarriage,” Volume 1. In Encyclopedia of Jewish Medical Ethics. Jerusalem and New York: 2003.

Steinberg, an (ultra-) Orthodox physician, begins his article with a brief history of abortion and a medical classification of spontaneous and induced abortion, including methods employed. He lists the possible negative repercussions of abortion, particularly emphasizing the possibility of infertility and psychological disturbances, without mentioning that the risks in abortion performed in modern hospitals/clinics by experts are lower than the risks in pregnancy and birth. His selection of references is biased. Relying upon A. H. Weiss, he claims that abortions were extremely rare among Jews. Weiss’s argument from silence does not address the fact that historically knowledge of contraception and abortion was in women’s hands and did not necessarily enter the written sources recorded by men. Moreover, no statistical evidence can be gleaned from traditional sources. Steinberg discusses at length spontaneous abortions of severely malformed embryos and fetuses and the halakhic status of the mother and fetus in those situations.

Steinberg attempts to demonstrate that the overwhelming majority of poskim consider abortion to be prohibited either biblically or rabbinically. He lists the following as reasons for the prohibition of abortion: it involves the destruction of the Divine creation (Zohar), it injures the mother, it is unwarranted destruction of seed, it endangers the mother, it prevents the fetus from observing commandments in the future, it is considered stealing the life of the fetus, it is murder, it frustrates the mitzvah of procreation, or it is an unspecified general prohibition. He identifies the authors of each reason.

Steinberg summarizes the classifications for maternal indications for abortion: the danger is nearly certain, there is a possibility of danger, there is remote danger, disagreement among physicians about the level of danger, danger directly related to the progression of the pregnancy and childbirth, conflicting opinions about malignancies which develop during pregnancy and whose treatment will harm the fetus, abortion prior to the danger resulting from a more advanced pregnancy or birth, intentional pregnancy despite danger, and refusal to abort. In his numerous notes, he refers to those who hold the varying opinions. He cites the reasons upon which some authorities rely to permit abortion for those who consider it biblically prohibited: the fetus does not yet have the status of nefesh, the status of the mother is greater than the status of the fetus, or the fetus is acting as a rodef. For those who consider abortion rabbinically prohibited, there are additional reasons to permit abortion: “wounding” can be done for the purpose of healing or saving the woman’s life, mental illness, threat of suicide, aggravation of pre-existing condition, danger to a limb or organ, pregnancy with a mamzer, pregnancy due to rape, pregnancy during nursing another child, great need, minor need and great suffering. Again, he attributes each opinion in his notes.

According to Steinberg’s presentation, those authorities who consider abortion to be biblically prohibited do so because the fetus is a person; because the fetus may not be aborted even if it is known that it will live only for a short time or that it will suffer constant illness; because it has no mental capacity; and because it will require more attention than the mother can provide. Some prohibit abortion in these cases even if it is known that the mother will become ill as a result. For those who consider abortion prohibited rabbinically, a number of poskim have permitted abortion when it is absolutely certain that the fetus is suffering from certain diseases or defects and the defects and illnesses are fatal. Included are Tay-Sachs, anencephaly, repercussions of maternal exposure to German measles early in the pregnancy, exposure to radiation and teratogenic medications. He includes multifetal pregnancy reduction in this list.

Steinberg relates to physicians who perform abortion and their assistants. He summarizes that some authorities permit abortion only when two physicians agree on the necessity to abort and only expert physicians may perform abortions because of the danger to the woman. Some authorities suggest that it is forbidden to perform or assist at an abortion, even if it means losing one’s livelihood. Those who perform diagnostic tests which may lead to a decision to abort (ultrasound) may perform those tests. Steinberg also relates to the stages of pregnancy and mentions the opinion that some authorities prefer medications (e.g. RU-486 or prostaglandins) as opposed to surgical abortion. Even when abortion is permitted, the husband’s consent is necessary, but he may not forcibly divorce his wife for not obtaining his consent. Some rabbis obligate the physician to pay the value of the fetus to the husband if the abortion was not justified and his consent was not obtained. Steinberg discusses the opinions concerning damages and the status of people who cause women to abort.

Steinberg presents an overview of the abortion debate which sets in opposition the rights of a woman over her own body and fetal rights. He concludes that abortion is not a medical but rather an ethical and religious issue. In this section he defines late abortion as after twenty-two weeks whereas at the beginning of his article he surprisingly defines late abortion as after twelve weeks. He goes on to present a summary of Israeli law concerning abortion. He is extremely critical of the wording and application of the law because it is too liberal. The hospital committees interpret liberally what might constitute a danger to the life of the woman or cause her physical or mental harm. He objects to the age regulations because it is only statistical probability that fetal defects will occur after the age of forty and there is no halakhic reason to allow abortion for a young woman below the age of marriage if there is no danger to the woman. His personal position, which has influenced the manner in which he has summarized the material and brought references, can be seen from the following quotations: “Condition 4, which refers to concern for physical or mental danger to the woman, is often used as a pretext and cover-up for the ‘social condition.’ There are very few physical afflictions nowadays which can justify abortion. In general, psychiatric illness in the woman, often cited as a reason for abortion, is interpreted very liberally and unreliably and usually without psychiatric consultation. Even when there is such a judgment, it is highly speculative.” He justifies this by pointing out that in Canada in 1981 (prior to the striking down of Canadian anti-abortion laws as contrary to the Charter of Rights), eighty-five percent of the abortions were justified on mental health grounds.

The chief value of this article is that Steinberg has 258 notes, most of which refer to responsa literature. This means that he brings the entire spectrum of halakhic opinion on the topic. His own personal bias determines the manner in which he brings the material and the material he neglects. It is quite clear that he subscribes personally to the stringent Orthodox consensus.