Reply To: For Avram in MD

Avram: I do not agree that anything Assur is inherently immoral.

And the Tzitz Eliezer’s Heter to abort a Tay-Sachs baby is the obvious case. No one is a Rodef there.

DY: I don’t know what the Hagdarah is, but I lean to say that something has to be both Assur for Jews and non-Jews for it to be inherently immoral. Chavalah B’Atzmo should be Muttar by a Goy, hence it’s not immoral. Murder is Assur, and hence it is.

I have a Chiddush, but I think it’s Pshat. Until she goes into labor, the fetus is considered part of her body. Hence, it’s just Nezek to abort. Once she goes into labor it’s Gufa Achrini and now we need the baby’s status as a Rodef to allow killing the fetus. Once it’s Yatza Rosho, we say Ein Dochin Nefesh Bifnei Nefesh because now no one is a Rodef. Sure, killing one might save the other. But that’s never Muttar. The baby is no longer directly killing the mother. It just happens to be a side point that killing the baby can save the mother.

Look at the Rambam quoted above in Rotzeach Ushmiras Nefesh, the Gemara in Sanhedrin, Arachin 7a, and I think this answers all of the questions.