Abortion - Rav Asher Weiss

Avodah
1

from <https://en.tvunah.org/2018/08/31/abortion&gt;, posted by R' Akiva
Dershowitz on Tvunah, a web site of R Asher Wiess's todah.

Here it is, transliteration mine:

    Tvunah in English
    Beit Midrash for Birurei Halachah Binyan Zion
    Under the Leadership of Maran HaRav Asher Weiss Shlita
    ...
    Question:
    BS"D

    L'Kavod HaRav Shlita,

    I recently listened to your shiur about rodeph in parshas Pinchas. It
    occured to me that your comparison between the gemorra about the
    donkey being thrown off the boat to save the merchandise and an
    unborn fetus would imply a surprising leniency. That is to say, if
    a pregnant women felt her financial or social situation was being
    threatened by the uber, she might be able to have an abortion for
    this reason. Thank You for your time.

    Answer:
    An abortion has the additional stringency because of the concept of
    [chalel alav shevus achas kedei sheyishmeru Shabbasos harbei], we
    find the Torah justified desecrating Shabbos to save it, and from
    this we learn there is a Biblical prohibition against aborting it. So
    to justify an abortion would only be in extreme cases of danger to
    mother and other extreme circumstances.

It seems RAW is invoking chaleil alav as a way to get much of the import
of retzichah without saying it's actual murder. After all, the fetus
has a potential of future shemiras Shabbos even if it didn't yet
become a person.

Tir'u baTov!
-Micha

2

In Avodah V36n99, R'Micha wrote

After all, the fetus
has a potential of future shemiras Shabbos even if it didn't yet
become a person. <

When do we consider potential (as opposed to actual) in Halacha? From what
little I understand, the Halachic conception of an unborn fetus (at least,
past a certain #days threshold, e.g. 40) as nearly a human being (viz. FN2
at http://www.aish.com/ci/sam/48954946.html) is unique, so perhaps RAW is
saying that any Halachic mandate which applies to a human being can be
applied to a fetus....

3

: In Avodah V36n99, R'Micha wrote
:> After all, the fetus
:> has a potential of future shemiras Shabbos even if it didn't yet
:> become a person.
:
: When do we consider potential (as opposed to actual) in Halacha? ...

Well, what about RAWeiss's own starting point: "chalel alava Shabbos
achas kedei sheyishmor Shabbasos harbeih"?
One can be mechalel Shabbos for a person in a coma because of their
*potential* of possibly observing Shabbos (at least moments thereof)
in the future.

It is that same potential he is ascribing a fetus. And since it's
about the future, one needn't be concerned with whether the future
potential shmomeir Shabbos exists yet or not.

Tir'u baTov!
-Micha