Abortion in Israel

Abortion in Israel is legal under certain circumstances, pending approval by an authorized committee for pregnancy termination.

1977 penal code
The 1977 penal code, clauses 312-321, regulate legalized abortions, set the cases in which abortion is permissible and the procedure for acquiring a licensed abortion. Abortions can only be performed in Israel by licenced gynecologists in recognized medical facilities; in the context of this section, a "recognized medical facility" is one that is specifically and publicly recognized as the provider of abortions.

Circumstances under which abortion is legal
The circumstances under which the termination committee authorizes abortions, under subsection 316a, are:


 * 1) The woman is younger than seventeen (the legal age of marriage in Israel) or older than forty
 * 2) The pregnancy was conceived under illegal circumstances (rape, statutory rape etc.), an incestuous relationship, or outside of marriage (illegitimacy)
 * 3) The fetus may have a physical or mental birth defect
 * 4) Continued pregnancy may put the woman's life in risk, or damage her physically or mentally

In practice, most requests for abortion are granted, and leniency is shown especially under the clause for emotional or psychological damage to the mother. According to the Israel Central Bureau of Statistics report from 2004, 19,500 legal abortions were performed in Israel in 2003, while 200 requests for abortion were denied. The most common clause under which abortions were authorized was #2, unmarried women or illegal circumstances (53%, with 42% of women being unmarried), followed by #4, health risk to the mother (~20%), #1, age (11%) and #3, fetal birth defects (~17%).

Socioeconomic circumstances
When the relevant section of the penal code was originally written, it contained an additional, fifth clause permitting women to seek abortions for social reasons, such as economic distress. The clause was retracted in 1980 under the initiative of the Orthodox parties (see Shas, United Torah Judaism and National Religious Party).

The so-called "social clause" is still under debate in Israel. In 2004, MK Reshef Chen of Shinui submitted an addendum to return the clause to the penal law. He argued that under present circumstances, women with financial problems lie to the termination committee to qualify under the emotional or psychological damage clause, and no advanced country forces its citizens to lie in order to preserve religious, chauvinistic, patronizing archaic values. Women's organizations such as Naamat voiced their agreement with the proposal.

Unrestricted abortion
In 2006, MK Zehava Gal-On of Meretz proposed a bill that would eliminate the committee for pregnancy termination, effectively decriminalizing unrestricted abortion. Gal-On argued that women of financial means pay several thousand NIS to have abortions in private clinics, bypassing the committee and therefore gaining rights based on their wealth. The bill was rejected by a wide margin.

Structure of the committee
The termination committee is comprised of three members, at least one of which is female. Of the three members, two will be licenced physicians, one an expert on obstetrics and gynaecology, and the other one either OB/GYN, internal medicine, psychiatry, family medicine or public health. The third member of the committee is a social worker.

Judaism on abortion
The Torah contains no direct references to pregnancy termination, only to miscarriage following violent altercation. The Mishnah reference in Oholot 7, 7 has been open to debate. Although the verse does not refer directly to abortion, it does refer to a case of life-threatening childbirth and, if the birth is partial or the head has not yet emerged, the baby can be killed to save the life of the mother (see pikuach nefesh). Maimonides codified in the Mishneh Torah that the definition of murder according to the Noahide Laws includes a person who kills "even one unborn in the womb of its mother," and adds that such a person is liable for the death penalty. Another explicit reference to abortion is in the Zohar, where it is likewise forbidden.

In regard to life-risking pregnancies, Jewish scholar Rashi said that a baby is not a viable soul until it's been born, and killing it to save the mother is permitted. Maimonides supported the ruling using din rodef (דין רודף), thus likening an endangering pregnancy to the fetus killing the mother. This argument was rejected in the Talmud.

The question of the fetus's viability is addressed in two sources in the Talmud: in Yevamot 69, 2 the fetus in the first forty days of pregnancy is likened to water, "עד ארבעים יום מיא בעלמא"; in Nida 8, 2 the fetus is recognized from the second trimester, three months into the pregnancy, "וכמה הכרת עובר ... שלשה חדשים".

Various Jewish scholars have expressed lenient stances on abortions, allowing them up to a certain stage in the pregnancy or under specific circumstances. These include Yair Bacharach of the 17th century, Moshe Feinstein of the 20th century, who agreed with Maimonides's din rodef argument on the basis of the fetus's life being dependent upon the mother's, and contemporary scholar Eliezer Waldenberg, who also argued in favor of abortions in cases of serious birth defects or extreme mental or psychological danger to the mother.

Abortion debate in Israel
The abortion debate in Israel exists, although it is marginalized by more publicized and controversial issues. The debate as to the morality of abortion is antecendental to the debate about separation of religion and state in the context of Israel as a Jewish and democratic country.

Liberal political parties such as Meretz and Shinui argue in favor of legalized abortion for reasons of personal liberty. Women's organizations such as Naamat and Shdulat HaNashim (women's lobby) argue in favor for feminist, pro-choice reasons, such as reproductive rights.

Jewish Orthodox organizations, including political parties, argue against abortion as opposed to the Halakhah and therefore not acceptable in a Jewish country. Political parties include Shas, a Mizrakhi Ultra-Orthodox party, United Torah Judaism, an Ashkenazi Ultra-Orthodox party, and the National Religious Party, a zionist Orthodox party. A study published in 2001 found that opposition to abortion among Israelis was correlated to strong religious beliefs — particularly Ultra-Orthodox beliefs — below-average income, larger family size, and identification with right-wing politics.

Efrat is a religious organization that lobbies against abortions, as well as offering financial support for women who are considering abortion for economic reasons. Efrat's campaign includes stickers with the slogan, "Don't abort me" (אל תפילו אותי).