With Hope, We Carry On

Continuing Our Commitment to Reproductive Justice
February 7, 2025Rena Crawford, Jessica Cadmus, Michelle Scheinkopf, and Hannah Ellenson

As we once again come up on Parashat Mishpatim, the portion of the Torah that contains the verses commonly referred to as the foundation of Judaism’s approach to reproductive health, rights, and justice, we will celebrate Repro Shabbat. You can find out more information about WRJ’s history of advocacy on this topic and sign up to host a Repro Shabbat event by visiting WRJ’s website.  

Repro Shabbat, which this year is from February 21-22, is an opportunity to reflect on and honor Judaism’s stance on abortion and reproductive freedom for all. This perspective is highlighted in Exodus 21:22-25: “When individuals – meaning two or more men – fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according to what the woman’s husband may exact…But if other damage ensues – meaning the woman dies, as well, the penalty shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”  

There are two scenarios presented here: In the first, the fetus is lost. The Hebrew that is used to describe the miscarriage is “ויצאו ילד,” literally meaning “the child leaves her.”  There is no acknowledgment here of the woman’s grief – she is somehow a silent bystander.  The woman’s husband determines the sum that the perpetrator is to pay as a fine.

In the second scenario, the woman dies, “אסון יהיה” – a disaster occurs, and it is determined that the assailant should be put to death. The punishment is retributive, but only in the situation that another person dies, not just the fetus. From this, the rabbis derive that a woman has the full status of the person, but the fetus does not. While the fetus is valued, it has a lesser status.

The rabbis in the Talmud even go so far as to say that a fetus that is less than forty days old is considered “mere water.” Another rabbi, Yehuda Hanasi, the redactor of the Talmud, says that the fetus is considered as its mother’s thigh, meaning it is part of the pregnant woman’s body. They repeat over and over again that terminating a fetus is NOT the same as killing a person.

As a result, traditional Jewish sources conclude that the pregnant person’s life should always take precedence over the fetus. Modern Jewish scholars take it even a step further; they say we must prioritize both physical AND mental health of the pregnant woman over the potential life of the fetus.

WRJ has a longstanding history of advocacy when it comes to reproductive rights, health, safety, and access. In 1965, WRJ acknowledged the necessity of abortion access for the first time in the Judaism and Family Resolution. This resolution states that there is no distinction between voluntary and involuntary pregnancies when laws do not sufficiently take specific circumstances into account including race, economic status, or age.  In 1989, WRJ’s biennial assembly endorsed Roe v. Wade, which began the commitment to preserving the reproductive rights of women, and supported funding for clinics that provide reproductive services to women. Since then, WRJ has continuously worked to secure reproductive rights and health and abortion accessibility spaces, and after Dobbs County v. Jackson Women’s Health Clinic in 2022, reaffirmed our commitment to Reproductive Rights in a Post-Dobbs world. This recommitment includes a call for WRJ’s sisterhoods, women’s groups, and individual members to acknowledge the fight for reproductive freedoms, abortion access, and bodily autonomy.  

WRJ mobilizes collective action on a variety of issues, but most notably and recently, when it comes to reproductive freedoms. Through the strength, power, and momentum of WRJ —of sisterhoods, women’s groups, and individual members alike across North America—we can work to secure abortion access when given the opportunity.

There are a number of ways you can participate in Repro Shabbat in the spirit of WRJ’s values:

After Repro Shabbat 2025, the next step in turning our values into action is joining us at the Rabbi Marla J. Feldman Social Justice Conference in Washington, D.C. This unique gathering is an incredible opportunity to come together in sisterhood, spirituality, and social justice to continue the critical work of advocating for reproductive health and rights, along with democracy and Israel.

Through impactful workshops, thought-provoking panel discussions, and meaningful Torah study on Shabbat morning, we’ll strengthen our advocacy skills and deepen our resolve to advance reproductive rights. At the heart of this year’s conference is the fight for reproductive freedom. Together, we will focus on ensuring that every person who can get pregnant has the right to make decisions about their own body, access accurate information about reproductive health care, and work in solidarity to push for meaningful abortion reform in every state.

Whether you’re a seasoned advocate or taking your first steps into social justice work, this conference offers something for everyone. You’ll leave equipped with practical tools and fresh ideas to bring back to your sisterhoods, women’s groups, or other communities—empowering others to join this vital cause.

The experience culminates in the unforgettable opportunity to lobby on Capitol Hill, where we’ll raise our voices for justice and take concrete steps to advance reproductive rights. Whether you join us for the full conference or the Empowerment Package “fly-in” (open to all genders) from April 6-7, this is your chance to be part of something powerful.

Let’s make history in Washington, D.C. — because when we stand together, anything is possible.

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