Valuing Life
In this week's Torah portion, Mishpatim, the Israelites receive detailed laws that shaped how they lived with one another. These laws continue to inspire ethical values in the modern day. This parsha contains the verses commonly referenced as the foundation of Judaism’s approach to reproductive health, rights, and justice. "When [two or more] parties fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined accordingly as the woman’s husband may exact the payment to be based on reckoning. But if other damage ensues, the penalty shall be life for life…" [Exodus 21:22-23]. In these verses, the attacker must pay “life for life”, “nefesh in place of nefesh” only if the mother dies. There is an essential distinction between the mother and the fetus. The mother is considered a nefesh, a soul, and her death is a capital crime. The loss of a fetus, which is not considered a nefesh, carries a lesser penalty. Jewish tradition engages with this text as part of a broader conversation about harm, responsibility, and the value of life and well-being.
Our tradition wrestles honestly with difficult realities and encourages us to do the same. Across centuries, many Jewish interpretations have emphasized the health, dignity, and life of the pregnant person as central considerations. Jewish law approaches these situations with nuance, recognizing that real life circumstances can be complex, and that preserving life and well-being is a core Jewish value. Mishpatim reminds us that Torah is not only about observance, but also about building a just and compassionate society that protects human dignity.
To build this society, many Jewish communities across North America will mark this weekend as Repro Shabbat, an opportunity to learn, reflect, and advocate for reproductive freedom through the lens of Torah. In this moment marked by uncertainty, fear, and deep challenge to reproductive freedoms, Repro Shabbat offers space for Jews to lean on their communities for collective strength and inspiration. May this Shabbat offer space for continuing the Jewish practice of engaging with Torah thoughtfully and compassionately, and may it ground us in hope for a just future.
Shabbat Shalom,
Eden Anolick, Rabbinic Intern
