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The Jewish views begin with a basic difference from those of Catholicism and
Evangelical Protestantism:  We do not believe that "life begins at
conception", that is, that a newly fertilized egg cell has a right to life
equivalent to that of born humans and that to kill such a cell is murder.
This is true for all movements in Judaism, including Orthodoxy.  The Union
of Orthodox Jewish Congregations of America has endorsed H.R. 810 (see link
below).

Thia position is based in large part on Exodus 21:22-25, which reads:

"22. If men quarrel, and hurt a pregnant woman, so that her fruit depart
from her, and yet no further harm follows; he shall be surely punished,
according to what the woman's husband will lay upon him; and he shall pay as
the judges determine.
23. And if any further harm follows, then you shall give life for life,
24. Eye for eye, tooth for tooth, hand for hand, foot for foot,
25. Burning for burning, wound for wound, bruise for bruise."

In other words, if the fetus is unintentionally killed, the responsible
party pays a monetary fine; if the woman is killed, then he is subject to
capital punishment.

Moreover, classic Jewish texts provide for what we now call "partial birth
abortion" when necessary.  The Mishnah, a collection of legal texts compiled
in the second and third centuries, provides:

"If a woman is in hard travail, one cuts up the child in her womb and brings
it forth member by member, because her life comes before its life. But if
the greater part has proceeded forth, one may not touch it, for one may not
set aside one person's life for that of another."  (Mishnah Oholot 7:6)

It follows that the child has an equivalent right to life only after the
moment of birth.

It does NOT follow that Judaism endorses abortion on demand.  Just because
killing a fetus is not murder, it still is a serious matter that can only be
justified by a serious threat to the life or health, physical or
psychological, of the mother.

With respect to ESCR, the question is not abortion but the status of
fertilized eggs or "pre-embryos" which have been created for in-vitro
fertilization but which are unlikely to ever be implanted in a woman's womb.
It is clear from the above that killing them is not murder, but it might
still be problematic to use them for research or therapeutic purposes.  The
short answer seems to be that the many thousands that have already been
created and are unlikely to ever be implanted may be used for such purposes,
but there may be problems with _creating_ embryos for research or
therapeutic purposes and it may be that IVF procedures should be carried out
in a way that minimizes the creation of "extra" embryos.  We should also
recognize that this is a new area, and there is not yet a consensus among
Orthodox rabbis concerning it.  Reform and Conservative Rabbis are likely to
have fewer reservations.

These are complex issues that are not easily summarized in a brief e-mail.
For further reading, see the following:

http://www.nationalreview.com/comment/cohen200505240759.asp  (popular
article).

http://www.ou.org/public/statements/2005/n10.htm  (endorsement of HR 810 by
Orthodox Union).

http://www.jlaw.com/Articles/stemcellres.html  (scholarly article is written
to be accessible to readers without a background in Jewish law).

http://www.jlaw.com/Articles/preemb.html  (scholarly article assumes
familiarity with concepts of Jewish law).


----- Original Message -----
From: "rayilynlee" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, November 03, 2005 5:10 PM
Subject: Jewish views on ESCR


from a rabbi:

Rabbi Stanley Skolnik, Beth Sholom Reform Temple, Clifton

"Judaism, as I believe and teach, places great importance
upon human life and the preservation of the health and
dignity of the individual in both life and death. A
controlling principle governing most others, and even
setting aside many cherished practices such as observing
Sabbath restrictions, is called "pikuach nefesh" (the saving
of life). It is from this principle that a host of
permissive behaviors derive in order to protect or save
life, and in the case of the use of fetal material
(especially unused embryos) it would seem self-evident that
the potential value of their use should override other
considerations.

A second Jewish principle which governs my beliefs is that
of "bal tashchit," the Torah teaching that one should not
waste or destroy anything of life or nature or of use to
another. In this regard, I deem it unconscionable that an
unwanted and unused embryo should be destroyed rather than
respectfully used to improve human life and health. It is no
different than discarding the usable organs of a dead person
rather than transplanting them into the body of a living
person who might benefit from a donated organ. It is not a
question of when life begins, or even what constitutes
death, but always how to save life while protecting the
dignity of life and each human being.

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