Does Judaism acknowledge and accept the principle of absolute, personal bodily autonomy as a foundation behind a right to abortion?

Question

Currently, in the United States, there is a very heated and emotional debate going on over the subject of the right of a woman to an abortion and the principle of abortion on demand.

This is a very personal subject for at least 50% of the general population, and because Jewish women, to their credit, are very active in the community at large trying to shape, define, understand and influence this issue, it is also a timely and highly relevant subject for Jewish women in particular. In particular, the more non-traditional Jewish community is very active in support of and advocating for a woman's right to abortion.

The primary argument being offered as justification for this is that a woman has a right to custody and control of her own body, My body, my choice.

In legal terms, this is the principle of personal, bodily autonomy. That each individual owns their personal body completely and has full discretion to act upon it and to do with it as they choose.

At first glance, affirmation of this principle hints at the subject of free choice (בחירה חפשית). Taken to the extreme, it leads to permission for self-harm and even euthanasia, the Right to Die. It also presumes that a developing fetus is only an extension of the woman, like any other bodily limb, or even less, possibly an invasive and unwelcome parasite feeding off the life of its unwilling host.

Does Torah and traditional Jewish law recognize this principle, that each individual possesses complete, personal, bodily autonomy?

Please provide sources where possible to clearly reflect any statements made.

Thanks to any who contribute accessible answers to this profound question.

Answer 1

Rav Aharon Lichtenstein addresses this issue directly in his article "To Cultivate and to Guard: The Universal Duties of Mankind":

OWNERSHIP OF ONESELF

I mentioned earlier the prevalent secular conception of one’s “ownership” of himself. One hears this argument in various contexts, especially with regard to the question of abortion: it’s a woman’s right, it’s her own body, she can do what she wants, etc. Years back, I was asked to testify before a subcommittee of the Knesset which dealt with abortions. Among other things, I mentioned that, leaving aside the significant question of whether it is the woman’s body only or whether the fetus has some rights as well, there is a more fundamental problem. Even if we were to accept that indeed it is the woman’s own body, we totally reject the conception that she then can do with it as she pleases. This is a completely anti-halakhic perception. It rests on a secular assumption that, as it were, “My Nile is my own; I made it for myself” (Yechezkel 29:3), as if we are the source of our own existence and therefore the masters of our own being. This is assuredly not the case. In absolute terms, a person does not own himself.

In fact, there are prohibitions that apply to how a person relates to himself. Just as one is forbidden to injure or curse others, so is he forbidden to injure himself or to curse himself. Similarly, the mitzva of “Ve-nishmartem me’od le-nafshoteikhem, Take utmost care of yourselves” (Devarim 4:15) specifically prohibits a person from taking unnecessary risks, even though he will not affect anybody else. The very notion that a person should be free to do what he wants with relation to himself is at absolute odds with our conception. We believe that you are never an independent entity, nor do you “own” yourself; you are always a shomer appointed by God. That applies to your “property,” to your own self, and certainly to your relationship to what surrounds you.

(You can read said Knesset testimony here.)

Answer 2

Absolutely not. As @RabbiKaii says, there is almost no principle of bodily autonomy in Judaism. Tattoos are forbidden. Even shaving with a razor is prohibited for men. So is removing the payos. Men are commanded to be circumcised. And according to all opinions, abortion at will is forbidden.

The reason is that one's body, as with the entirety of creation, belongs to Hashem. Hashem sets the rules. Bechira has no relation to this. Bechira means people can choose whether or not to obey Hashem, and therefore will be rewarded or punished accordingly. That is all. What is or is not permitted is not affected by bechira.

Answer 3

There are numerous sources in the commentaries that demonstrate that a person does not have absolute autonomy over one's body. I have cited a few:

• Shulchan Aruch Harav (Nizkei Guf v'Nefesh) explicitly disavows autonomy on one's body:

אסור להכות את חברו אפלו הוא נותן לו רשות להכותו, כי אין לאדם רשות על גופו כלל להכותו, ולא לבישו, ולא לצערו בשום צער אפלו במניעת איזה מאכל או משתה, אלא אם כן עושה בדרך תשובה, שצער זה טובה היא לו להציל נפשו משחת, ולכן מתר להתענות לתשובה אפלו מי שאינו יכול להתענות, ומי שיכול להתענות מתר אפלו שלא בדרך תשובה, אלא כדי למרק נפשו לה', שאין טוב למעלה מטובה זו.

• Radvaz (commentary to Rambam Sanhedrin 18:5) distinguishes between Monetary Laws, where הודאת בעל דין כמאה עדים דמי, to laws of Lashes/Death Penalty, where אין אדם משים עצמו רשע. Radvaz explains that money belongs to a person, who is the 'בעל דבר' to inflict financial penalties on oneself. One's body, however, doesn't belong to a person, and therefore has no autonomy on what happens to one's body. [See Shu't Sridei Aish (YD 83) who cites Radvaz and makes logical extensions to his words.]

תניא מי שבא לב״ד ואמר הלקוני אין מלקין אותו והכי אמרינן בכל דוכתא אין אדם משים עצמו רשע והטעם שכתב רבינו לא שייך גבי מלקות ולפיכך כתב וכללו של דבר גזירת המלך היא ואין אנו יודעים הטעם ואפשר לתת קצת טעם לפי שאין נפשו של אדם קניינו אלא קנין הקב״ה שנאמר הנפשות לי הנה (יחזקאל י״ח) הילכך לא תועיל הודאתו בדבר שאינו שלו ומלקות פלגו דמיתה הוא אבל ממונו הוא שלו ומש״ה אמרינן הודאת בעל דין כמאה עדים דמי וכי היכי דאין אדם רשאי להרוג את עצמו כן אין אדם רשאי להודות על עצמו שעשה עבירה שחייב עליה מיתה לפי שאין נפשו קניינו. ועם כל זה אני מודה שהיא גזירת מלכו של עולם ואין להרהר

• This is also the strong implication of Rivash (484), who rules that allowing physical harm to oneself goes into the category of מתנה על מה שכתוב בתורה [and not included in בדבר שבממון תנאי קיים].

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Other answers have compiled lists of laws that forbid a person from doing what he desires to/with his body - like the prohibition to tattoo, the prohibition of self-harm/suicide, the obligation to preserve one's health, etc. The above list proves that at least regarding one's obligations/prohibitions, there is no absolute autonomy. I focused more specifically on sources that do not consider the body to one's ownership.

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Answer 4

Take your pick:

Rambam Rotzeach uShemirat haNefesh 1:4

The rationale is that the soul of the victim is not the property of the blood redeemer, but the property of the Holy One, blessed be He.

Rambam Chovel uMazik 5:1

It is forbidden for a person to injure anyone, neither his own self nor another person.

Rambam Nizkei Mamon 5:1

[The rationale is that] it is forbidden for a person to cause damages and then to pay for the damages he caused. Even being an [indirect] cause of damage is forbidden.

Rambam Melakhim 6:10

This prohibition does not apply to trees alone. Rather, anyone who breaks utensils, tears garments, destroys buildings, stops up a spring, or ruins food with a destructive intent transgresses the command 'Do not destroy.'

Rambam Rotzeach uShemirat haNefesh 1:9

This, indeed, is one of the negative mitzvot - not to take pity on the life of a rodef. On this basis, our Sages ruled that when complications arise and a pregnant woman cannot give birth, it is permitted to abort the fetus in her womb, whether with a knife or with drugs. For the fetus is considered a rodef of its mother.

Answer 5

I've upvoted several answers here. I feel nobody has answered what your question is really getting at, which is how to actually, successfully, convince our beloved sisters about these points, so I will give it a go.

Firstly, I would say that what is bothering them the most is the fear that they will be controlled by evil men. Fear is what drives many people to go to extremes, such as the extreme case of "I can abort any fetus, for any reason, right up to term". So I would say jumping straight to the point of "it's not your body, it's God's" would do nothing but trigger this fear and close minds.

It would be good to start by explaining that in Judaism, we don't believe in rights, just responsibilities. Then immediately explain that this is actually logically equivalent to the system of rights: i.e. if everyone would focus on their responsibilities towards others, then everyones "rights" would still be protected, but the motivation's in everyone's hearts would be one of selflessness and morality, rather than selfishness.

This can be very inspiring, especially for our beloved sisters who do indeed have a sincere desire to see more morality and goodness in the world. One can then move on to explaining that Jewish law commands us in many responsibilities towards others, including not controlling them! So now, hopefully, there is no room for them to suspect that "men" are trying to "control their bodies", and it could be a good time to move on to the point that our bodies are indeed not our own.

It would also be helpful to explain that Judaism does have a sensible set of laws on abortion, and are not like (many) Christians who are so extreme in their views that they never ever allow it, even if the mother is in danger.

Hopefully, developing this love for being responsible and other-oriented rather than self-oriented, and thus developing a love and admiration for Torah's righteousness, and having reassured them that you are not being insincere nor trying to control them, it will hopefully bring out their very natural, sensible and non-extreme morality that it's wrong to abort a baby for "any reason at any time". They should easily come to see the value in not having irresponsible sex, as well as people who are brave and heroic, who would rather give birth, even for an unwanted baby, and raise him/her with love, even at a huge cost to their own life.

Basically, one step at a time. Make their inner, Jewish soul feel Jewish, release it from its shackles of fears, and bring them their soul's Torah and hopefully we can be successful in this.