Acknowledgements Most of the material covering the secular ideas for these topics are taken with permission from the Philosopher Kings website (http://www.philosopherkings.co.uk/). Some of the material covering Jewish ideas for the course are taken with permission from Rabbi Benjamin Blech s book, Understanding Judaism, and Rabbi Aryeh Forta s book, Examining Religions: Judaism This textbook covers topics for Paper 1 Section 2: Life & Death. These are: 2.1 Death and Life after Death 2.2 The Meaning and Purpose of Life 2.3 Sanctity of Life, Abortion & Euthanasia 2.4 Human Relationships 2.5 Marriage & Partnership 2.6 Divorce & Remarriage 2.7 Family Structures & Responsibilities 2.8 Childlessness and Celibacy 1
Unit objectives To know Jewish and non-religious beliefs about death & the afterlife 2
Key Vocabulary: Afterlife: Continuation of spiritual existence after death Cyclical (view of human existence): (The belief that) time has no beginning or end and that the soul of human beings is reborn again and again Linear (view of human existence): (The belief that) time has a beginning and an end, and that human beings live only once on earth Olam Hazeh: The physical world Olam Habah: The spiritual world Rebirth/Reincarnation: (The belief that) the soul is reborn into another body Resurrection: (The belief that) after death, the body stays in the grave until the end of the world when it is raised General beliefs about Death and the Afterlife There are various reasons why people believe in life after death. If you already believe in a loving G-d then the idea of life after death makes a lot of sense. Why would G-d create life only to have it end at death? Many people think that the world is very unfair; often good people suffer while bad people seem to get away with acting immorally. It seems impossible for a loving G-d to allow things to be this way unless there was some way that things are made right after death. Belief in life after death seems to follow on naturally from belief in G-d. Go for the 9: The philosopher Feuerbach said that religion is based on wishful thinking and many atheists believe that religious people only have faith that there is life after death because they are scared of the alternative. Near death experiences: The first recorded Near Death Experience (NDE) was written down by Plato. Since then the term 'near death experience' has been used to cover a variety of different experiences. Typically, an NDE involves a person who is very ill or involved in an accident who has an experience which occurs during the time they were unconscious, in which they believe that they have visited the afterlife. There seem to be various features that seem common to NDEs: 3
Out of body experience in which the consciousness leaves the body often rising above it and moving around the room. The experience often ends with a sensation of being jolted back into the body. Strong emotions. This might be a sense of love/joy/happiness but it could equally well be a sensation of panic, of not wanting to leave or an overwhelming awareness of sinfulness. Bright light or a tunnel and a sensation of being pulled towards it. Visions of dead relatives or religious figures. Life changing effects. Often people who have had NDEs re-evaluate their whole take on life and might make some radical adjustments to their lifestyle. Generally skeptics argue that NDEs are just the result of the brain's way of dealing with trauma. A sense of emotion could be accounted for by a release of endorphin or a side effect of medical treatments. The tunnel of light might be the result of an over-stimulated visual cortex. We experience out of body experiences and 'visions' all the time in dreams. Dr Susan Blackmore has studied NDEs in depth and concluded that there is nothing in an Near Death Experience which does not have a rational explanation. However, occasionally there are anecdotal reports of NDEs that are more difficult to explain away. For example, if a patient effectively 'dies' on the operating table and has no heartbeat then it is more difficult to say that the experience is obviously caused by the brain. If the heart is not beating then the brain is not getting oxygen and if the brain is not receiving oxygen then it is not functioning. Occasionally such patients seem to be able to describe what happened to them whilst they were dead. If what they describe matches up with what the medical staff remember then some people find this very compelling evidence for life after death. Those who find NDEs convincing often argue that: The experiences are sufficiently similar to suggest that people are experiencing the same thing. Those who have NDEs are usually convinced by them. There are reports of hardened atheists converting following a Near Death Experience. Remembered past lives: Buddhists and Hindus believe that when we die we are reincarnated on earth. Occasionally there are people who claim to be able to remember the past lives that they have led. Sometimes there are anecdotal stories which claim that people remembering past lives have access to knowledge that they would not otherwise know, such as an ability to recognise and navigate around an area that they had not visited or the ability to know things about people they had not met. 4
One particularly interesting case involved James Leninger who as a small boy claimed to remember being a WWII pilot shot down by the Japanese. It was reported that he had dreams about crashing on fire; could recognise technical features of an aeroplane; he named the type of aeroplane (Corsair) and specific aircraft carrier (Natoma) as well as naming a fellow pilot (Jack Larson). Research by his parents seemed to imply that all the details revealed by James matched up with the historical evidence and the sister of the downed pilot believed that he was indeed the reincarnate soul of her brother. Mediums who claim to contact the dead, stories of ghosts and personal spiritual experiences might all also be used to support the idea of life after death in some form. However, many people would say that all the evidence for life after death is weak evidence. A lot of it is anecdotal. The very nature of things like NDE means that they cannot easily be tested as they cannot be replicated under controlled conditions. There is always the possibility that your witness is lying or at the very least has misunderstood what they experienced. Non-religious people find the idea of an afterlife very problematic. For a start there is the problem of where is heaven (or whatever place people exist in the afterlife)? If there is an afterlife then what is the point of this life? The Jewish view In the Book of Kohelet (Ecclesiastes read on Sukkot), King Solomon wrote, Dust returns to the earth from where it came, and the spirit returns to G-d who gave it. What he meant was that physically humans die, but spiritually we live on. In other words, whereas birth is the moment when the soul is joined with the body, death is the moment when the soul separates from the body. This affects the whole outlook of Judaism towards death and the afterlife. Judaism offers strength to believers. Faith helps to remove fear, especially fear of the unknown. In the Talmud, life on this earth (Olam Hazeh) is compared to the eve of Shabbat. What follows, Olam Habah, is compared to Shabbat itself. This world is a waiting room, the next is the palace. However, Judaism refuses to fill in the details of the afterlife experience. It compares death to birth in that those who are about to experience birth cannot possibly know what life is like until it happens. So too, death cannot be known until it happens. Death Rites Even as the soul leaves the body, the body must be respectfully taken care of. This is generally due to an understanding that the body is a) a gift from G-d and therefore b) has a certain holiness to it. To show respect for the loss, the following rituals are followed in the Orthodox tradition: 5
Kriah (tearing). Immediate relatives of the person who has died tear their clothing. It is symbolic of a torn heart of those who grieve and mourn, and is a sign of respect by symbolizing the intensity of their loss. The body should ideally be accompanied at all times until burial. The people who do this are called shomrim (watchers). There is an understanding that until burial the soul hovers close to the body, and is comforted by the prayers of those who guard the body. The body is carefully prepared for burial by the Chevra Kaddisha (Burial Society but literally means Holy Group). These are usually volunteers who perform the taharah (ritual washing of the body). The body is then dressed in shrouds which are perfectly clean, white and have no pockets a symbolic idea that you cannot take anything physical with you when you die. In death all people are equal, so Jewish tradition is for a body to be buried in a simple wooden coffin. The words in the Torah, to dust you shall return, are understood to mean that a body must be buried as quickly as possible, if possible within 24 hours of death. From the same words, Judaism opposes cremation. The mourning period covers three main periods of time to help with dealing with loss and gain some comfort and consolation: 1. Shiva. This literally means seven, and refers to the first seven days after burial. Mourners during this time (except for Shabbat as the holiness of Shabbat overrides any sadness) would stay in the place they are mourning so that people who want to express their condolences can easily find them. This period of time is the most stringent, because mourners are forced to think about their loss. For this reason, mourners in the first seven days will usually not go out, not use mirrors (not concerned with physical appearances), not wash or shave, sit on low chairs and other restrictions. 2. Sheloshim. This literally means thirty, and refers to the time between the end of the shiva and the first month. It is less restrictive than the shiva (mourners are allowed to wash or go to work etc) but there are still some restrictions (e.g. not shaving). 3. First year. The period of time between the end of the sheloshim and the end of the first year is the least restrictive, but still contains some restrictions on attending celebrations etc. Throughout the first 11 months, the kaddish is said on behalf of the deceased. This prayer actually does not mention death at all, but focuses on the justice of G-d and the meaningfulness of life. It expresses hope for the ultimate healing for all the suffering humankind. In this way, the mourner is elevated to a higher level of consciousness of tragedy. 11 months expresses a deep idea. In Jewish understanding, the maximum amount of time a person would go to hell to be purified would be 12 months, but only the very worst would require this time. By reciting kaddish for only 11 months we suggest that the deceased does not need the full 12 months. 6
Jewish beliefs about the Afterlife A symbol of this is what is placed on the grave. Jews traditionally do not place flowers on a grave as these wither and die. Rather, they place a stone on the grave, since a stone will remain in its original form. Symbolically, this shows the emphatic belief that the soul remains in a spiritual sense even after the body has died. There is relatively little in Jewish writings about the afterlife, and this is with good reason. Since no-one has ever experienced death (as opposed to NDEs), no-one can give a definitive view on what happens. In any case, the general focus in Judaism is much more on what we do in Olam Hazeh rather than Olam Habah. However, in mystical writings there is a view that souls can return - reincarnation - even several times. It is important to note that this is not a Jewish view, but rather a view within Judaism you can accept or reject this and still be considered a good Jew. Nevertheless, there is a Jewish belief that souls will once again come to life in the Messianic Age. This is called the resurrection of the dead. Exactly what this means physically as well as spiritually? is not yet known. 7
Ponder page Could the Jewish view on death and the afterlife be considered to be in agreement with either the cyclical or linear views on human existence? Explain your answer. In some ways, death can be described in Judaism as another stage in life. Explain this fully. 8
Unit objectives To know Jewish and non-religious beliefs about the meaning and purpose of life Ideas about Salvation 9
Key Vocabulary: Existentialist: approach which emphasizes the existence of the individual person as a free and responsible agent determining their own development through acts of the will Hedonist: a person who believes that the pursuit of pleasure is the most important thing in life Humanist: a rationalist outlook or system of thought attaching prime importance to human rather than divine or supernatural matters Materialist: a person who considers material possessions and physical comfort as more important than spiritual values. Nihilist: a person who believes that life is meaningless and rejects all religious and moral principles. Religious: relating to or believing in a religion Salvation: Saving from sin and its consequences The Meaning of Life In the radio series and the first novel of The Hitchhiker s Guide to the Galaxy, a group of hyper-intelligent pan-dimensional beings demand to learn the Answer to the Ultimate Question of Life, The Universe, and Everything from the supercomputer, Deep Thought, specially built for this purpose. It takes Deep Thought 7½ million years to compute and check the answer, which turns out to be 42. Deep Thought points out that the answer seems meaningless because the beings who instructed it never actually knew what the Question was. A less complicated approach to the question is to look at it backwards. The meaning of life will often depend on what is believed to happen after life. For people who believe in an afterlife the answer might be quite different than from those who do not. Here are some short ideas about different approaches to life, and the meaning of life. It is possible that some of these are compatible with each other. Existentialists may feel that the purpose of life is what you make of it yourself. Only you can make life happen the way you want it. Hedonists may feel that the purpose of life is to have as much fun as possible. Humanists may feel that the purpose of life is simply to help other people. 10
Materialists may think that the purpose of life is to get money and own lots of things Nihilists may believe that life and the universe has no ultimate purpose Religious people may believe that life is about doing what G-d wants you to do The Jewish Approach Two types of worlds Judaism believes that there are two types of world - a physical world where life is limited and takes place on a physical level, and a spiritual world where life is eternal and is on a spiritual level. The journey through physical life is taken by the body. The journey through spiritual life is taken by a soul. Understanding this is vital to understanding the Jewish idea of the meaning of life. The ultimate aim for a Jewish person is to join the physical world with the spiritual one, because a soul by itself cannot do anything. A soul, which has no desires or needs, joins with a physical body, which has desires and needs. So, whenever a mitzvah an action in the physical world is performed, there are also positive consequences in the spiritual world. Conversely, when a sin also an action in the physical world is done, there are negative consequences in the spiritual world. What is Salvation? In simple terms, Salvation is defined as being saved from spiritual harm or ruin. It is important to note that Salvation is generally a Christian concept, This stems largely from a Christian concept of The Original Sin, which is a belief that since the sin of Adam and Eve, everyone is born sinful and with an urge to sin and disobey G-d. According to this idea, humans must spend their life perfecting themselves by avoiding sin and repenting for the times when they do sin. According to Christianity, Salvation will occur only to a) those who accept G-d s conditions of repentance from the sins that one is bound to do and b) those who believe in Jesus role in absolving sin. Anyone who does not believe in these things will not get Salvation. Judaism has a different outlook. Judaism believes that humans are born with free will and have an ability to choose whether to do good or not, and not that they are born with a desire to sin. When a person has chosen to do the wrong thing, repentance has a place in Judaism, but it is not dependent on any other person or go-between. Rather, every person stands before G-d alone, and has the ability within themselves to spiritually transform. There is also no Jewish belief that someone has to be Jewish in order to gain spiritual reward. As long as a non-jewish person believes in and practises the seven Noahide Laws, they are able to gain a place in the world to come. 11
How can Jews gain Salvation? Judaism is less concerned with punishment, and more concerned with reward. Being human means that sinning is inevitable the Torah tells us of great and holy people who sinned but the Jewish idea of Salvation is rooted in how a person responds to sinning. Christianity emphasises a doctrine of abstention, meaning that the more you abstain from earthly pleasures, the less you will sin, and the holier you will be. Therefore, the holiest individuals in Christianity are the religious leaders because they are the only ones who practise abstinence on several levels. Judaism, on the other hand, maintains the opposite. It is through enjoying earthly pleasures in the way G-d wants you that leads to holiness. In this way, every individual can attain holiness, not just the leaders. So, in simple terms, Salvation for Jews will come by doing the mitzvot, and it is more about the reward that can be gained than the avoidance of punishment. Two examples of this difference are: Celibacy (abstaining from sex) Christianity teaches that sex within marriage is a compromise with the human sex drive. Holy people according to Christianity will abstain from sex. If that is impossible, then sex is permitted through marriage. Judaism teaches that sex is the source of all life and is therefore holy. Sex within marriage is not a compromise, it is essential to create new life and build relationships. Harnessing the sex drive within the self-discipline of Jewish law makes everyone holy. Poverty Christianity idealises the idea of poverty. This is not necessarily living a life without money, but rather a concept of sharing everything with others, and not claiming things as private possessions but rather using them for the common good. Again, Judaism differs. People are allowed to gain personal wealth. Abraham is described as a rich person. What Judaism insists on is that the wealth is used by the individual to fulfil mitzvot. Abraham used his wealth to invite strangers, feed and clothe them, and then bring them closer to G-d. If a Jewish person is fortunate enough to have wealth, the Torah demands that this wealth is used to transform his blessings into blessings for all humankind. Essentially, therefore, Jewish thought is less about Salvation in the world to come, and more about how to achieve a place in the world to come by using the physical world according to how G-d wants you to. Quotations related to the Jewish attitude towards Salvation 12
And G-d said to Cain, why are you annoyed, and why has your face fallen? Is it not that if you improve, it will be forgiven you? If you do not improve, however, at the entrance sin is lying, and to you is its longing, but you can rule over it. (Genesis 4:6-7) This day I call upon the heaven and the earth as witnesses. I have set before you life and death, the blessing and the curse. You shall choose life, so that you and your children will live. (Devarim 30:19) There is no person on earth so righteous that he does only good and never sins. (Ecclesiastes 7:20) The righteous fall even seven times and still get up, but the wicked stumble in evil. (Mishlei/Proverbs 24:16) Every member of the nation of Israel has a share in the World to Come, as it is written For your nation has all righteous people; they will inherit the land forever. They are the stick of My saplings, My handiwork to glorify me.' (Recited before every chapter of Ethics of the Fathers) The individual and communal role in attaining Salvation If the Jewish idea of Salvation is rooted in the good things that are done in the physical world, then the individual and communal role in attaining Salvation is very simple. Quite clearly, gaining salvation from a Jewish perspective is about how much one keeps the Torah through mitzvot. In order to achieve the best possible way to keep the mitzvot, it is important for the individual to be part of a wider Jewish community. Hillel said in the Ethics of the Fathers (2:5), Do not separate yourself from the community. Holiness is not achieved in isolation. As we have seen, Judaism teaches that G-d doesn t want people to withdraw from the world and relationships in order to reach heaven, but rather to take the teachings of heaven and bring them down to earth. We shouldn t turn our back on the world, it is our job to repair it. The Rabbis point out that Moses was told to go up to the top of the mountain to receive the Torah, and then go back down the mountain to give it to the people. To stay on top of the mountain is to complete only half the journey. 13
Ponder page Which of the different approaches to life do you think are compatible with each other? Which are definitely not compatible with each other? Explain your answer. Is Judaism compatible with any of the different approaches to life? Summarise the Jewish attitude towards Salvation. 14
Unit objectives To know Jewish and non-religious beliefs about the sanctity of life Attitudes about suffering Attitudes to abortion and euthanasia 15
Key Vocabulary: Abortion: The removal of a foetus from the womb before it can survive Euthanasia: An easy and gentle (merciful) death, usually associated with release from incurable disease Sanctity of Life: (The belief that) life is holy and belongs to G-d Attitudes towards Sanctity of Life Non-religious attitudes Only religious people would suggest that life is sacred, since sacred means holy. However, that does not stop non-religious people believing that life is valuable. Richard Dawkins is an English ethologist, evolutionary biologist, and author. He is also an atheist. His understanding of life is that, we are machines built by DNA whose sole purpose is to make more copies of the same DNA it is every living object s sole reason for living. In other words, there is a value to life, but only in order to create more of the same life. Utilitarians argue that an action is right if it promotes happiness, and that humanity should aim to achieve the greatest happiness of the greatest number. Therefore, they maintain that life has value if humans are happy. Humanists support the value of every individual human being, and the right of every human being to the greatest possible freedom, as long as that is upholding the rights of others. Humanists have a duty of care to all humanity including future generations. Therefore, life has a value if humans can have the freedom to do what they want without hurting others. The Jewish attitude Judaism believes that human life is of the highest value, over and above any other sort of life. One source for this is found in Bereishit (Genesis) 1:26 28 where is states, 27 And G-d created man in His image; in the image of G-d He created him; male and female He created them. כז ו י ב ר א א לקים א ת ה אד ם ב צ ל מ ו ב צ ל ם א לקים ב ר א א ת ו ז כ ר ונ קב ה ב ר א א ת ם: From this we learn that, unlike any other creation, humans are created by G-d in His image. Therefore they have a holiness attached that no other creation does. Sanctity means holiness. Sanctity of life means that human life is holy, because it is G-d-given. 16
Pikuach Nefesh It follows that since human life is holy, it must be cared for at almost all cost. In Jewish thought, preserving life is important enough to permit the breaking of all other religious laws (with three exceptions see below). For example, whilst Jews must fast on Yom Kippur, if a person is not well and not eating would be a threat to health, then eating on Yom Kippur becomes a mitzvah. The phrase used to describe the sanctity of life in Hebrew is Pikuach Nefesh. Pikuach Nefesh is a hard phrase to literally translate, but it is commonly referred to as, To save a life. The phrase originates in the Mishna (Yoma 8:7) where it refers to a situation where someone is suspected to have been buried alive. The Mishna states that it is permitted to do melacha (acts of work not normally permitted on Shabbat e.g. carrying stones) on Shabbat in order to save a life. The following source (Vayikra (Leviticus) 18:5) is the basis for Pikuach Nefesh: 5 You shall observe My statutes and My laws, which a person shall do and live by them. I am the L-rd. ה וש מ ר ת ם א ת ח ק ת י ו א ת מ ש פ ט י א ש ר י ע ש ה א ת ם ה אד ם ו ח י ב ה ם א נ י ה': From this source, the Rabbis in the Talmud maintained a basic principle: Mitzvot are things that people should live by, not die by. The saving of life takes precedence over everything else. In Mishna Sanhedrin 4:5 (and other places in the Talmud) it is stated that, Whoever saves one person saves an entire world. The Talmud (Yoma 84b) gives several examples of how Shabbat can be broken in order to save a life. These include rescuing a child from the sea, breaking apart a wall that has collapsed onto a child, and putting out a fire. In modern times, it is obligatory to travel on Shabbat to save a life e.g. calling an ambulance or even accompanying a person to hospital. Similarly, as mentioned above, person who needs to eat on Yom Kippur will be able to do so if their life would be threatened by not doing so. An example of this would be people with some types of diabetes who, if their blood sugar levels are not correct, can quickly become ill and possibly fall into a coma. In Israel, soldiers who are on duty may be allowed to break the laws of Shabbat and festivals to maintain the security of the country, even if there is no direct threat. Therefore, carrying a gun or driving may be permissible, or even obligatory. Another area of life where the concept of Pikuach Nefesh may apply includes organ donation. This is where someone alive might donate an organ that won t affect their own long-term health e.g. a kidney. The former Sephardi Chief Rabbi of Israel, Rabbi Ovadiah 17
Yosef, ruled that a living person may donate organs to someone who is in critical need, provided it doesn t put the donor s life at risk. Many Rabbis rule that it is permissible for some organs from a dead person to be donated (e.g. heart) provided that there is a person who needs the organ immediately. This can even apply to corneal transplants (the cornea is part of the eye). This is because losing one s sight can be a potential life-threatening risk. So, from these sources we can appreciate the idea that preserving a life is one of the most important and holy acts that can be done in Judaism. The limitations of Pikuach Nefesh As mentioned above, there are three exceptions to Pikuach Nefesh. In these three situations, a person may be expected to give up their life instead of breaking the law: Denying G-d. If a Jewish Person is put in a situation where they are told to deny the belief in One G-d on pain of death. This was, unfortunately, part of the difficulties Jews faced in the Middle Ages with the Crusades or with the Spanish Inquisition. Murder. If someone is told they must kill a person or they themselves will be killed. It is considered wrong for a person to judge themselves as being more worthy of life than someone else in this situation, although it is rarely a clear-cut situation. This was often a situation that the Nazis put Jewish People in during the Holocaust. Performing an immoral sexual act. Sexual morality is one of the foundations of Jewish life. Attitudes towards the relief of suffering The relief of suffering in itself is a good thing. It is a positive mitzvah to help relieve suffering. Acts of kindness such as visiting the sick is a powerful way to do that encouraging the patient to feel better both physically and psychologically. Similarly, visiting a mourner is a way of helping that person cope with their loss. However, there are debates in society today as to how far one can go to relieve suffering. Largely, this will come down to how you view suffering (see Unit 1.7 The problem of evil and suffering). Questions such as how to deal with a pregnancy that is causing suffering to the mother-to-be, or whether it is permissible to abort an unborn child whose quality of life is threatened by genetic disease, or whether it is permissible to allow someone to shorten their life because they are in pain, are all questions that are asked in modern society. Scientific and medical advances mean that the answers to these questions change regularly, although the moral considerations stay the same. We will examine some of these issues below. Attitudes towards abortion 18
The term abortion is defined as, the deliberate termination of a human pregnancy. Abortion in the UK is lawful under the Abortion Act (1967) provided that: The pregnancy has not gone past the 24 th week and that continuing with the pregnancy would be a greater risk to the physical or mental health of the mother or other existing children of her family than aborting the pregnancy or, The mother s physical or mental health is at permanent risk or, The unborn child s health is potentially at risk due to mental or physical abnormalities Non-religious attitudes towards abortion have tended to become more accepting over time. This is in main due to changes in the law (as mentioned above) and medical advances making an abortion an easier option. These attitudes have even challenged traditional religious attitudes (which tend to be against abortion). For example, Ireland held a referendum on abortion in May 2018 in which almost two-thirds of people voted to overturn the ban on abortion (Ireland is a strictly Catholic country). There are many arguments on both sides: Pro-abortion Women should have a moral right to decide what to do with their bodies The right to abortion is vital for gender equality The right to abortion is vital for individual women to achieve their full potential Banning abortion puts women at risk by forcing them to use illegal abortionists Anti-abortion Some say that what women need for equality is not free access to abortion but to be given what they need to survive financially and socially as mothers: o inexpensive, readily available childcare o a workplace or school that acknowledges the needs of mothers, o e.g. providing flexible scheduling and maternity leave, o state support that helps to reintegrate a woman into the workforce Abortion sidesteps oppression of women and does not tackle other problems women might face. One writer explained: o There are women who are raped and become pregnant; the problem is that they were raped, not that they are pregnant. o There are women who are starving who become pregnant; the problem is that they are starving, not that they are pregnant. o There are women in abusive relationships who become pregnant; the problem is that they are in abusive relationships, not that they are pregnant. Abortion damages women. Some people oppose abortion because it can damage the long-term physical and emotional health of women who have an abortion. 19
Abortion is a way of males avoiding responsibility. One of the reasons that 19th century feminists opposed abortion was that they regarded it as a way for men to have sex with women without having to take responsibility for any resulting children. The Jewish attitude to abortion The Jewish attitude is complex. There are several questions that need to be considered in Judaism: Is abortion ever permissible? When does the foetus (potential life) become a real person (actual life)? Would abortion be considered murder? Does the mother have a right to decide whether the baby lives or dies? Who should make any decision about abortion; the government, the mother, a Rabbi? The issue is complicated because of the moral question of when life begins. In other words, by aborting a pregnancy, is murder taking place? Judaism is very clear that it is a grave sin to end a life. Do not murder is the sixth of the Ten Commandments. Take a look at the following sources in order to help us consider the different Jewish attitudes towards abortion. Source 1- Shemot 21:22-23 If men quarrel and strike a pregnant woman and a miscarriage results but no other misfortune, he shall be surely fined... But if any harm follows, then you shall give a life for life. Source 2- Mishna Tractate Ohalot 7:6 If a woman is in hard labour [and her life is in danger], they cut up the foetus within her womb and remove it limb by limb, because her life takes precedence over that of the foetus. But if the greater part was already born, they may not touch him, for one may not set aside one person s life for that of another [in other words, one is designated a person only after the greater part was already born ] Source 3- Mishneh Torah, Hilchot Retzicha V Shmirat HaGuf 1:9 This, indeed, is one of the negative mitzvot not to take pity on the life of a rodef 1. On this basis, our Sages ruled that when complications arise and a pregnant woman cannot give birth, it is permitted to abort the foetus in her womb, whether with a knife or with drugs. For the foetus is considered a rodef of its mother Source 4- Babylonian Talmud Tractate Yevamot Page 69b 1 A rodef is the law of a pursuer. If person A is chasing person B to kill him, then person A would be called a rodef (pursuer). As such, we are allowed to kill person A to save the life of person B. 20
The embryo is considered to be mere water until the fortieth day [of pregnancy] Source 5- The Jewish attitude toward abortion by Fred Rosner 2 An unborn foetus in Jewish law is not considered a person until it has been born... In fact, until forty days after conception, the fertilized egg is considered mere fluid. However, after 40 days have elapsed, fashioning or formation of the foetus is deemed to have occurred. Laws of ritual uncleanliness must be observed for an abortion older than 40 days These facts imply that the unborn foetus, although not considered a living person, still has some status and may be considered as a partial person. Using the sources above you might be able to answer all five questions. Is abortion ever permissible? When does the foetus (potential life) become a real person (actual life)? Would abortion be considered murder? Does the mother have a right to decide whether the baby lives or dies? Who should make the decision about abortion; the government, the mother, a Rabbi? What we can see is that the Jewish attitude to abortion is complex. The answer is mainly that it is forbidden but it depends It is important that every situation is judged on its own merit and a competent Rabbi needs to be consulted to determine the final outcome in Jewish law. Some practical specific Jewish answers regarding abortion When the mother is in danger, is abortion permitted? According to all Rabbis an abortion is permitted when it is an actual life vs a potential life. Is abortion permitted after a woman is raped? According to Rabbi Auerbach, abortion is permitted as immediately after the event as is possible. Is abortion permitted if it is known the baby will be born with a degenerative illness? Regarding the termination of pregnancy due to detection of Tay-Sachs in the foetus: After seriously examining all the facts concerning this serious question, in my humble opinion, it would be possible to permit performing an abortion up until the seventh month in this unique circumstance where the consequences of continuing the pregnancy 2 Dr. Fred Rosner is Director of the Department of Medicine of the Mount Sinai Services at the Queens Hospital Centre and Professor of Medicine at New York's Mount Sinai School of Medicine. Dr. Rosner has written numerous books and articles on questions of Jewish Medical Ethics 21
are so severe. The abortion must be performed in a manner that there be no danger involved to the mother. From seven months and on the matter is much more severe. Tzitz Eliezer Vol. 9 No. 51:3 & Vol. 13 No. 102:1 3 Attitudes towards Euthanasia The term euthanasia means the act of deliberately ending a person's life to relieve suffering. For example, a doctor who gives a patient who has a terminal (life-ending) disease an overdose of muscle relaxants to end their life would be considered to have carried out euthanasia. Assisted suicide is the act of deliberately assisting or encouraging another person who commits, or attempts to commit, suicide. If a relative of a person with a terminal illness were to obtain powerful sedatives, knowing that the person intended to take an overdose of sedatives to kill themselves, they would be assisting suicide. Go for the 9: Both euthanasia and assisted suicide are illegal under English law. Depending on the circumstances, euthanasia is regarded as either manslaughter or murder and is punishable by law with a maximum penalty of up to life imprisonment. Assisted suicide is illegal under the terms of the Suicide Act (1961) and is punishable by up to 14 years imprisonment. Attempting to commit suicide is not a criminal act in itself. Euthanasia can be classified in different ways, including: Active euthanasia where a person deliberately intervenes to end someone s life, for example, by injecting them with sedatives Passive euthanasia where a person causes death by withholding or withdrawing treatment that is necessary to maintain life, such as withholding antibiotics in someone with pneumonia Euthanasia can also be classified as: Voluntary euthanasia where a person makes a conscious decision to die and asks for help to do this Non-voluntary euthanasia where a person is unable to give their consent (for example, because they are in a coma or are severely brain damaged) and another person takes the decision on their behalf, often because the ill person previously expressed a wish for their life to be ended in such circumstances involuntary euthanasia where a person is killed against their expressed wishes 3 Tzitz Eliezer is the title of the multi-volume set of Responsa written by Rabbi Eliezer Yehuda Waldenberg (1915-2006). Rabbi Waldenberg was a Judge on the Supreme Rabbinical Court in Jerusalem and was considered an eminent authority on medical Halacha. 22
Depending on the circumstances, voluntary and non-voluntary euthanasia could be regarded as either voluntary manslaughter (where someone kills another person but circumstances can partly justify their actions) or murder. Involuntary euthanasia is almost always regarded as murder. Non-religious attitudes As with abortion, views on euthanasia are varied. Arguments in favour of euthanasia: Arguments based on rights People have an explicit right to die A separate right to die is not necessary, because our other human rights imply the right to die Death is a private matter and if there is no harm to others, the state and others people have no right to interfere (a libertarian argument) Go for the 9: Libertarian argument If an action promotes the best interests of everyone concerned and violates no one's rights then that action is morally acceptable. In some cases, euthanasia promotes the best interests of everyone involved and violates no one's rights. It is therefore morally acceptable. Practical arguments It is possible to regulate euthanasia Allowing people to die may free up health resources Euthanasia happens anyway Philosophical arguments Is death a bad thing Arguments against euthanasia Ethical arguments Euthanasia weakens society's respect for the sanctity of life Accepting euthanasia accepts that some lives are worth less than others Voluntary euthanasia is the start of a slippery slope that leads to involuntary euthanasia and the killing of people who are thought undesirable Euthanasia might not be in a person's best interests Euthanasia affects other people's rights, not just those of the patient 23
Practical arguments Proper palliative care makes euthanasia unnecessary There's no way of properly regulating euthanasia Allowing euthanasia will lead to less good care for the terminally ill Allowing euthanasia undermines the commitment of doctors and nurses to saving lives Allowing euthanasia will discourage the search for new cures and treatments for the terminally ill Euthanasia gives too much power to doctors Euthanasia exposes vulnerable people to pressure to end their lives Moral pressure on elderly relatives by selfish families Patients who are abandoned by their families may feel euthanasia is the only solution Religious arguments Euthanasia is against the word and will of G-d Euthanasia weakens society's respect for the sanctity of life Suffering may have value The Jewish attitude The Jewish attitude to euthanasia is taken from many sources. Here are some of them: Source 1- Shmuel Aleph 31:4 [King] Saul said to his arms-bearer, Draw your sword and run it through me, so that the uncircumcised [Philistines] may not run it through and make sport of me. But his armsbearer, in his great awe, refused; whereupon Saul grasped the sword and fell upon it. Source 2- Shmuel Bet 1:9-10 9 And he said unto me: Stand, I pray thee, beside me, and slay me, for the agony has taken hold of me; because my life is just yet in me. 10 So I stood beside him, and slew him, because I was sure that he could not live after that he was fallen; and I took the crown that was upon his head, and the bracelet that was on his arm, and have brought them here unto my lord.' Source 3- Babylonian Talmud, Shabbat 151b Our Rabbis taught: If you help with the leaving of the soul- behold it is murder. Similar to a flame that is flickering and a man places his finger on the flame- and it extinguishes it immediately. Source 4- Rambam, Hilchot Aveilut, Chapter 4 A goses (dying person) is considered a living being in all matters if you do anything to hasten death it is considered murder. Source 5- Lord Jakobovits, Journal of a Rabbi pgs. 165-166 4 Euthanasia proper, that is, an attempt to relieve suffering by actively and deliberately hastening death, is of course condemned as sheer murder by all authorities. To doctors who practice mercy killing may be applied the talmudic dictum To Gehennah with the best of 4 Harav Lord Immanuel Jakobovits (1921-1999) the Chief Rabbi of the United Hebrew Congregations of the Commonwealth from 1967 to 1991 and a world expert in the field of Jewish Medical Ethics. 24
physicians, a reference - according to one commentator - to those who kill the patient out of misplaced compassion. One questionable source appears to justify suicide as a means to end suffering, but this has been rejected as completely alien to Jewish law which rates suicide as even worse than murder, as there can be no atonement for self-destruction by repentance. A patient must not refuse religiously proscribed services or food if necessary for his healing; how much less may he refuse treatment to escape from physical suffering. In general, all types of euthanasia except passive euthanasia is not permitted in Jewish Law. This is based on the concept that since G-d gives life, only G-d can take it away. Anything else could be classed as murder or suicide because it is actively taking life away. However, there could be an exception in the case of passive euthanasia. This is usually where medical care that is keeping someone alive is withdrawn, allowing nature to take its course. In these instances, it may be permissible, but a competent Rabbi would need to be consulted. There have also been notable examples of suicide in Jewish history. Source 1 shows the suicide of King Saul, and the story of Masada is also known. In both cases there were extreme situations, and it may be permissible to take one s life for a Kiddush Hashem. Nevertheless, these constitute the exceptions rather than the rule. 25
Ponder page What advice do you think would be given in these situations based on what we have learned? Case 1: Well, I never thought it would happen to me. I'm pregnant. And now I don't know what to do. I realize this is an important decision -- not only for my own emotional well-being, but the heavy moral implications as well. I'm turning to a rabbi because I am wary of the "fashionable" opinions of today, which can flip-flop from one decade to the next. I'd like to hear what Judaism says simply because its ideas have stood the test of time. Does Judaism take the liberal "choice" approach, or does it take the hardline position of the religious right? Case 2: A 15 year old girl gets pregnant by mistake and has to choose between completing her GCSEs or having the baby. Case 3: A career woman is two years away from the promotion she has been working towards since graduating five years ago. Her pregnancy will disrupt what she has been working towards and she wants to put off a family until she is financially comfortable enough to provide her children with the life they deserve. Case 4: A mother of four is exhausted from having all of her children within four years. She doesn t think that she will be able to physically cope with another baby. Case 5: Daniel James was paralysed from the chest down after a rugby accident that left him paralysed. He died in a Swiss assisted suicide clinic (dignitas), and a coroner ruled that he killed himself. Coroner Geraint Williams said he had no doubt that Daniel James intended to end his own life when he visited the Dignitas clinic. Mr James, 23, from Worcester, had been left paralysed from the chest down 18 months earlier in a rugby accident. Mark James, Daniel James' father "They had to interview Dan to find out that everything was as Dan said it was." The doctor then prescribed a poison, he said. He added: "A lady explained to Dan what was going to happen and asked Dan several times if that was his wishes, because she said when he takes this drink, obviously he will die. "She asked did he want to proceed or have some time to think about what was going to happen to him. "He said no. The drink was brought and he took it on his own." 26
Should Daniel James have been allowed to end his own life? Do you think his parents were morally responsible for their actions? Did the Dignitas clinic provide a morally acceptable service? What do you think? 27
Unit objectives To know Jewish and non-religious beliefs about human sexuality & sexual relationships 28
Key Vocabulary: Adultery: A married person having sexual relations with someone other than their marriage partner Celibacy: Remaining unmarried and having no sexual relationships Civil partnership (or civil union/registered or life partnership): A legal relationship between two people of the same sex, which gives the partners equal treatment with married couples in a wide range of areas Cohabitation: Living together without being married Contraception: A means of preventing a woman from becoming pregnant Heterosexuality: Being attracted to people of the opposite gender to yourself Homosexuality: Being attracted to people of the same gender as yourself Pre-marital sex: Having sexual relations before marriage It is important to note that right from the outset of the Torah, we read about love and sex. The Torah which we believe to be given by G-d Himself does not avoid the topic. Judaism acknowledges that sex (and sexuality) is one of the strongest natural human drives, and one that Judaism says is both necessary and legitimate. Sex, like all other human needs, is G-dgiven, and as such is therefore holy, and this idea will provide the basis of our learning about the topic. Human Sexuality (intimacy) and its purposes Outline & Non-religious attitudes Current psychology suggests that there is a part of every human personality which deals with sexual instincts, physical attraction and sexual interactions with others. Sexuality is as important to the individual as any other part of a person s personality. Love is the word often used to describe a close attachment to another person. Sex is the word that means sexual intercourse between two people. Most religions have views on love and sex. Sexuality and UK law The legal age of sexual consent for heterosexuals in the UK is 16. Consent means agreeing to something, in this case to having sexual intercourse. 29
Statutory rape is when one or both of the parties engaging in sexual activity are below the age of consent. Statutes are laws. This law means that, for example, a 14-year-old girl cannot legally consent to have sex with her 16-year-old boyfriend. This act would be considered unlawful. In general, people historically usually viewed heterosexuality as 'normal' and homosexuality as 'other'. Historically, homosexuality has often been viewed as a crime or an illness, thus those with same sex desires had been either punished or treated in order to try to cure them. If we consider the world as a whole, there is huge variety in attitudes towards homosexuality. Whilst many European countries and American states have gay marriage, some African and Middle-eastern countries have harsh penalties for those who engage in homosexual acts. This includes the death penalty in Saudi Arabia, Iran, Somalia, Yemen and parts of Nigeria. In many parts of the world (including in liberal countries which allow gay marriage) people in same sex relationships can be the victims of hate crimes and face homophobic discrimination. Homosexuality used to be illegal in the UK and was punishable by death in England until 1861. It remained illegal in England until 1967 and in Northern Ireland until 1982. Men in the armed forces could still be court-martialled for homosexual acts until 1991. The Sexual Offences Act 1967 made changes so that homosexual men over age 21 could have sexual relationships, in private. In 1994 a further change saw it reduced to those aged over 18. The Sexual Offences (Amendment) Act 2000 made the ages of legal consent for heterosexuals and homosexuals equal and the legal age of consent for homosexual people was changed to 16. This change came to effect in Northern Ireland when the Sexual Offences Order was passed in 2008. Avoiding sexual relationships A virgin is somebody who has not had sex. Once a person has had sex, he or she is no longer a virgin. The term born-again virgin is used by some to describe a person who is no longer a virgin but is now seeking a new start. Some newly religious people see it as a label for a spiritual renewal and a commitment to only have sex within marriage in future. Chastity is generally understood as the act of saving yourself sexually for a particular time or person. Some people take a vow of chastity because they believe that it keeps them sexually pure. The vow may be taken for religious reasons. Celibacy is generally understood as abstaining from sexual activity. Most people practise celibacy for religious reasons. Some non-religious and non-jewish views The medieval theologian Thomas Aquinas is closely associated with the idea of natural law. He thought that since the world and everything in it was created by G-d, it must in some way reflect His intentions. This means that we should be able to use our reason to work out how to behave as God wants us to. 30