I am Rabbi Birdie Becker and I sit on the Executive Board of the Rocky Mountain Rabbis and Cantors council. Prior to becoming clergy, I was a medical social worker and worked in the reproductive health field for nearly twelve years including as a visiting educator, head counselor, director of an outpatient surgical center and outreach lead for genetic testing and counseling centers. I was active in the field pre-Roe v. Wade and am therefore familiar with the legal restrictions around contraception for unmarried couples as well as the struggles, social, emotional, spiritual and legal, for access to abortion.

While in general it is safe to say that no one speaks for all Jews, it is also safe to say that in Judaism, life and birthing life is sacred. So much so that if a blind woman who is giving birth requests that a candle be lit on Shabbat, a clear prohibition of the Sabbath, one is nonetheless obligated to light that candle.

Laws around conception, life and birth endanger the separation of church and state by placing one religious belief ahead of others.  Jewish law says that life begins when the head appears or should it be a breach birth, when the majority of the fetus has emerged. Both the Torah and the Talmud tell us that a fetus is potential life but not a separate life from the mother.

Rashi, the pre-eminent Biblical commentator, (France 1050 CE, middle ages) goes so far as to say that a fetus is not nefesh, not a person. The Babylonian Talmud (Yevamot 69b) states that “the embryo is considered to be mere water until the fortieth day (after conception).” Thereafter the “fetus is as the thigh of its mother, i.e., it is deemed to be part and parcel of the pregnant woman’s body.”

This duality is easily expressed in the idea that if a pregnant woman converts to Judaism, her conversion applies to her fetus. That fetus is born a Jew because it was part of the woman carrying it. If it were a separate entity, it too, would need to undergo conversion upon birth.

The life that we know, takes precedent over potential life. The fully existent human life has control over her body. The fetus, is a rodef, a pursuer. In self-defense, the woman has the right to protect herself if the fetus places her life at risk. The Mishna describes the steps a woman endangered during childbirth is allowed to take in order to save her life.

In Mishneh Torah’s Laws of Mourning (1:6), Maimonides writes that “we do not mourn for fetuses, for anything which does not live for 30 days…” This is supported in the Shulchan Arukh, the compendium of everyday laws. (Yoreh De’ah 374:8)

The word halacha, Jewish law, comes from the word meaning to walk, to go. The sages of every era write responsum to bring the laws into a delicate balance of ethical teachings, historic and current values and current knowledge. Knowing what we know about pregnancy and childbirth, the halacha has not changed. Neither an embryo nor a fetus are recognized as fully formed human life. A woman, with the strength of family, medical assistance and her own spiritual counsel still controls her body. She has the right to weigh pregnancy against her physical, emotional, spiritual and economic concerns. She is the fully formed human being: the one to be protected. She is the sacred life around which decisions must be made.
"I'm proud to bring my faith into this important conversation." 
 
Rabbi/Cantor Birdie Becker
M.S.W., M.Ed., M.R.S., Ph.D.
Centennial/Pueblo CO 720-849-5270
www.rabbibirdiebecker.com 

Shalom Park, Rabbi, 
 https://shalompark.org
Certified Eden Associate

Temple Emanuel-Pueblo, Rabbi/Cantor Emerita, www.TempleEmanuelPueblo.net

Life Cycle Officiant, https://www.weddingwire.com/biz/rabbi-birdie-becker-englewood/d32f58f32e253da3.html

B'nai B'rith Colorado, Admin.  https://bnaibrithcolorado.org

 APPLES AND HONEY, violin-cello duo. HEAR US at
http://apples-and-honey.wixsite.com/music

Conversations at the Well: Where Modern Life and Ancient Stories Meet: available on KINDLE at: AMAZON/ paperback at www.rabbibirdiebecker.com

Proud to have signed the National Council of Jewish Women's Letter from Clergy

Dear Senators: 
As Jewish clergy leaders from across the United States representing all major denominations of Judaism, we write to express our strong and unequivocal support for the Women’s Health Protection Act and urge the Senate to pass the bill.
In partnership with the National Council of Jewish Women, we represent a network of over 1,500 Rabbis and Jewish Clergy for Repro who have pledged to speak out about abortion justice in our communities and to educate others about the Jewish values underpinning our support for abortion access for all. We work to ensure that our communities are places where anyone who has, or may ever, terminate a pregnancy feels loved and welcomed, where people understand what our tradition teaches about these issues, and where we emphasize the importance of fighting for reproductive health, rights, and justice for everyone.
The Women’s Health Protection Act embodies this mission and our hope for a future where all are free to make their own moral and faith-informed decisions about their lives, their futures, and their families without political interference. It is profoundly unjust that abortion bans and restrictions fall hardest on those already facing barriers to exercising their human rights — including Black, Indigenous and People of Color (BIPOC); those working to make ends meet; members of the LGBTQI+ community; immigrants; young people; those living in rural communities; and people with disabilities.
In Judaism, we consider pikuach nefesh, the saving and preserving of life, to be one of our most critical principles. We affirm that protecting the existing life of the pregnant person is paramount at all stages of pregnancy. In Judaism, a fetus does not have the same personhood status as one who is already living and functioning in the world, up until and into the onset of labor and childbirth (Mishnah, Ohalot 7:6). The Talmud (Babylonian Talmud, Yevamot 69b) asserts that the fetus is “mere fluid” for the first 40 days (from conception; that which would be considered 7 or 8 weeks’ gestation by today’s counting) and, following this period, the fetus is regarded as a physical part of the pregnant individual’s body (Babylonian Talmud, Gittin 23b).
This is why we understand the goal of the Women’s Health Protection Act — ensuring equal access to abortion nationwide — not only as an abortion justice issue and a core social justice issue, but as a matter of religious freedom as well. The US Constitution demands that no one religion should be enshrined in law or dictate public policy on any issue, including abortion.
Policies granting “fetal personhood” rights or establishing that “life” begins at conception are contrary to the teachings of our tradition and violate the First Amendment’s Establishment Clause by enshrining one religious view into law. What’s more, because Jewish law not only permits abortion in many cases but also requires it when the life or health (including psychological and physical health) of the pregnant individual is at risk, laws limiting or restricting access to abortion directly impede Jews’ ability to practice Judaism, further violating the Free Exercise Clause while simultaneously infringing upon the constitutional right to privacy found in the Fourteenth Amendment.
We need federal legislation now more than ever. With the passage of SB 8 in Texas and the strong possibility that the Supreme Court will overturn or significantly gut the protections of Roe v Wade this year, and over 100 new abortion bans passed in 2021 alone, there is more at stake now for reproductive and religious freedom than has been in fifty years. The Women’s Health Protection Act would create a new tool for safeguarding access to high-quality care and securing constitutional rights by protecting patients and providers from political interference. The bill guarantees providers the right to deliver abortion care — and people the right to receive that care — without limitations that single out abortion or impede access to care. Notably, the bill would also establish clear guidance for courts considering whether a requirement impedes access to abortion care in violation of Women’s Health Protection Act.
We call on the Senate to pass the Women’s Health Protection Act to protect access to abortion and to help us build a society where all can participate equally and thrive in our communities with dignity and freedom.


Respectfully, 

To see signers go to: https://www.ncjw.org/news/513-jewish-clergy-leaders-letter-support-whpa/#

I have been a trustee of CO Religious Coalition for Reproductive Choice since 2010. I have served as their treasurer since 2011.