Should someone terminate a woman's pregnancy the monetary value of the fetus need be paid to the father (Shemos 21:22).

Ralbag explains (ad loc) that it is awarded to him as he "owns" the fetus (וראוי היה שיהיה ערך הולדות לבעל, לפי שהבנים הם שלו, ולו הם מתיחסים).

By that logic a woman would not be permitted to pursue an abortion (other issues aside) without obtaining the father's consent as the fetus is his "property".

Should she unilaterally terminate a pregnancy she should be classified as a מזיק and obligated to make restitution to the father.

This would put an entirely new wrinkle into the fraught topic of abortions.

Thoughts? Sources?



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