. Also significant are the time of ensoulment, and conditions under which a therapeutic abortion may take place. In terms of ensoulment – at what moment does the soul enter the body? In Jewish legal tradition, there are several theories. The most famous is from the Talmud and concerns a very strange conversation between Roman Emperor Antoninus and Rabbi Judah the Patriarch, the compiler of the Mishna, the first post-Biblical compilation of Jewish law and tradition. An excerpt from the conversation: “Antoninus asked Rabbi Judah: ‘From When is the neshamah (soul) endowed in man: from the time of birth, or from the time of conception?’ Rabbi Judah answered: ‘From the time of the birth.’ The Emperor then asked. ‘Can meat remain three days without salt and not purify?’” (Miller). As odd as this dialogue seems, Rabbi Judah apparently understood it. According to the Talmud, it can take as long as three days from the moment of intercourse until the ovum is fertilized. What then, keeps the sperm (i.e. meat) alive during that time? There must be a vitalizing life force (i.e. salt) present. From the conclusion of their discussion, it appears that due to the emperor’s questions, Rabbi Judah changed his mind and adopted the position that ensoulment occurs at conception.Secondly in Judaism, conditions for therapeutic Abortions are a factor. “If a woman is in hard labor (that threatens her life), one dismembers the fetus within her and removes it limb by limb, because her life takes precedence over its life. Once the greater part of it emerges it may not be touched, for we do not set aside one life for another” (Miller). To clarify, ‘the greater part of it’ refers to the emergence of the forehead. There is a principle here that arrives at the conclusion of a justified abortion. This is that the fetus remains only a potential human life until its emerg...
