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non-Jewish woman. It is forbidden to assist a non-Jewish woman
with advice etc. in undergoing abortion, because it says,“Do not place
an obstacle before a blind man,” (Vayikra 19:17) as explained in Igros
Moshe. (Choshen Mishpat 73,8)
If the fetus is less than forty days old, the Beis Shlomoh (Choshen
Mishpat,132) and Achiezer (3, end of 65) write that a non-Jew doesn’t
incur the death penalty for aborting it.
If the mother’s life will be endangered, either during the course of
the pregnancy or the birth, an abortion may be performed even on a
non-Jewish woman, according to the Machaneh Avraham (2 Yoreh
De’ah,19), whereas according to the Minchas Chinuch (ibid.) it is
forbidden and if the danger is uncertain the Machaneh Avraham (42)
prohibits it.3
ɳ Response to Question Three
Opinion is divided among the authorities as to whether non-Jews are
forbidden to engage in sterilization. According to the Rambam, the
Rosh, the Rashba and the Hagahos Maimoniyos they are not com-
manded to refrain from sterilization. The Semag and the Hagahos
Asheri rule it is forbidden to them, as explained by the Beis Shmuel.
(Even Ha’ezer 5,16) Owing to this doubt, it is forbidden to refer men
seeking sterilization by cutting the spermatic ducts for this proce-
dure, even when the surgeon is a non-Jew. It should be pointed out
that a Jew who has been sterilized may not marry a Jewish woman
because he is a kerus shufchah (he has mutilated genitalia).
ɳ Summary and conclusions
1. A Jew may not provide fertility treatment to a married
woman who is living with another man.
2. It is forbidden for either a Jewish or a non-Jewish physi-
3. For further discussion of the topic of abortion in non-Jews, see earlier, simanim
286-7.
478 1 Medical-Halachic Responsa of Rav Zilberstein