Page 381 - EFI-RAV ZILBERSTIN_VOL 8.EFI-RAV ZILBERSTIN_VOL 8.1A

Pg: 381 - 12-Front 21-10-31

However, an additional point still needs to be considered according
to the Rambam’s opinion (Hilchos Rotzei’ach Ushemiras Nefesh 1:9), as
follows: “If a woman is experiencing difficulty in childbirth the fetus
may be dismembered in the womb…because it is considered a rodef
threatening to kill her.” The question thus arises whether in our case
too the fetus is considered a rodef? In other words, we have written
hitherto that this young woman cannot help herself and that we must
come to her aid, for she is not comparable to a person who commits
suicide whom we are not obligated to help. However, there is no ar-
gument to be made for considering the fetus a pursuer [physically
threatening her life], thus allowing it to be killed. Consider: if some-
one were to harass this young woman, distressing her and making her
want to put an end her life, would it be permitted to kill him on the
grounds of his being a rodef?

Perhaps it is can be argued that even the Rambam didn’t intend to
say that the fetus is an actual rodef but that it is akin to a rodef. Proof
to this understanding can be adduced from the accepted ruling that
when a fetus threatens its mother, putting her in a situation of possi-
ble danger to life, it is permitted to kill it. Now, is it permitted to kill
a possible pursuer? This [understanding] is particularly relevant in
view of the Maharit’s opinion (99) that a fetus may be killed even in a
situation of great need, despite the absence of any actual danger. The
matter still needs further study.10

It appear further that aborting this young woman’s fetus can be
permitted owing to the halachah of shotah, in consequence of which
the fetus is considered a rodef who is worsening her illness, as follows:

We shall now discuss the second question – is someone who
intentionally attempts suicide considered a shoteh?

We wrote at the outset that were we to decide that the young
woman is a shotah it would be permitted to abort the fetus because a
shotah has halachah of a dangerously ill patient for whom Shabbos is
desecrated and to save whom Torah prohibitions are violated. How-

10. This topic is explained earlier, siman 230 (s.v.‘We now come to discuss Question
Two’).

Abortion to Prevent Suicide 2 365