The overturning of Roe v Wade is a restriction of bodily autonomy and will lead to consequent health issues relating to pregnancy and birth, deepening of poverty and, in some cases, death of those who seek unsafe termination methods.
The way in which this decision will disproportionately impact the poor - unable to travel to States which will not outlaw abortion - is particularly distressing. Any situation in which rights are syphoned away should be a cause for concern. That this is happening in the USA, a country with such cultural and political power and influence, is all the more alarming.
This legal decision suggests also that other rights taken for granted in the States could be overturned on similar legal and logical grounds. The Torah does not speak in the language of rights. It speaks instead in the language of mitzvot, of sacred obligations. The result may sometimes look the same, but this is a significant distinction.
The Torah is not a defining constitution of a state; it is a ketubah (a marriage document) between the People of Israel and the Divine. And in this vein, it is interested in telling us what our obligations are to God, to ourselves, and to one another.
Most significantly, when the Torah speaks of the building of society, it urges us to centralise the place of the vulnerable.
In Parashat Emor, in the midst of the cycle of the Jewish festive calendar, the Torah pauses between Shavuot and Rosh HaShanah to remind us (Leviticus 23:22):
And when you reap the harvest of your land, you shall not reap all the way to the edges of your field, or gather the gleanings of your harvest; you shall leave them for the poor and the stranger: I, the LORD, am your God.
We received this commandment in the previous Torah portion, Kedoshim. Why does the Torah give us a reminder of the importance of protecting the vulnerable in society in this festive moment?
So says Ibn Ezra (12th Century commentator):
Scripture cautions: Do not forget about what I commanded you to do at this time.
This is to say, it is all well and good to remember our responsibilities toward the vulnerable in theory, and much more difficult when we are secure.
We are urged to remain aware of our responsibilities toward one another, even during our celebrations. This is an important historical moment.
It is, of course, important for those in States which will restrict abortion who will find themselves forced to carry pregnancies against their will. It is also important for us as a wider society to remember that if we don’t guard rights, they are not guaranteed. And furthermore, as Jews, we must remember our sacred obligation to protect people in our society who are vulnerable.
As Hillel said: If I am not for myself, who is for me? And if I am only for myself, who am I? And if not now, when?
