Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-22T21:29:21.119Z Has data issue: false hasContentIssue false

3 - Divining a prohibition: the positions of the Rishonim and Acharonim

Published online by Cambridge University Press:  09 November 2009

Daniel Schiff
Affiliation:
Jewish Education Institute, Pittsburgh
Get access

Summary

Five hundred years had passed since the close of the Talmud. The locus of Jewish legal thought had shifted from Eretz Yisrael, Sura, and Pumbedita to the lands of Europe. The period of the Geonim (heads of the Babylonian academies) had faded into history. Yet, in a manner characteristic of Jewish legal authorities, Rashi (1040–1105), the Talmud's preeminent commentator, wrote as if the passage of time and the changing cultural geography had all meant nothing. In large measure, Rashi's position reiterated the rabbinic view of fetal status, albeit with one significant elaboration. In the case of a woman undergoing treacherous labor, Rashi's prescription and rationale could hardly have been clearer or more reminiscent:

It is removed limb by limb, for, as long as the being did not come out into the world, it is not a nefesh and it is permitted to kill it and to save its mother. But, if the head has emerged, it may not be harmed, because it is considered as fully born, and one may not take the life of one nefesh in favor of another.

Just as his rabbinic forebears were, Rashi was plainly in no doubt that when the woman's life was threatened, the interests of the unborn were subordinate to those of its mother. Rashi's rendering, however, takes the Mishnah one fundamental step beyond what had previously been articulated.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×