This is the d’var Torah I delivered at Congregation Neveh Shalom on February 13, 2026.
On some issues, science and Torah are in agreement. Reproductive rights are one such issue. But let’s take a broader look at the portion for a second. Parshat Mishpatim moves us from the awe of Sinai into the details of daily living. It’s a collection of civil and ethical laws about damages, responsibility, workers, neighbors, and vulnerable people. And right in the middle appears a striking case:
“When people fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined… But if other damage ensues, the penalty shall be life for life.” (Exodus 21:22–23)
If you’re looking for the Jewish perspective on abortion, this is it; at least, this is it according to the oldest law we have. The Torah distinguishes between harm to the pregnant person and the loss of the pregnancy, setting up a legal and ethical conversation that our tradition has continued for centuries.
The Mishnah builds directly on this distinction. In Mishnah Ohalot 7:6, we read that if a pregnancy endangers the mother’s life, intervention is required because her life takes precedence. Only once the baby has emerged do we treat both lives equally.
It’s expressed clearly here: Judaism is deeply protective of potential life, but it does not grant a fetus the same legal status as the pregnant person. Jewish law consistently centers the health, safety, and dignity, physical and emotional, of the person carrying the pregnancy.
That is why many Jewish voices understand supporting reproductive choice not as a rejection of tradition, but as an expression of it. Choice, in Jewish terms, often means moral agency guided by Torah values, medical wisdom, and personal conscience.
But as clear as the Torah and Mishnah might seem, the choice of how to approach a topic like this is ours, particularly on this Shabbat, designated Repro Shabbat by the National Council of Jewish Women. So here is my invitation for all of us to do the following: lead with compassion. Make space for complexity. Resist the urge to reduce deeply personal realities into slogans. Advocate for access to care, for informed decision-making, and for communities where people facing these decisions are met with care rather than stigma.
One thing we don’t need the Torah to tell us is that life is complicated. We know that. And sometimes what people need most is not quick judgment but thoughtful support. This Shabbat, as many Jewish communities observe Reproductive Rights Shabbat, we have a chance to approach this sensitive topic the way Judaism often does, with nuance, compassion, and a deep respect for human dignity.
Mishpatim reminds us that Torah lives in the real world, the complicated, human world. Our task is to carry forward its core commitments, and trusting that sacred responsibility often includes the ability to choose with wisdom, support, and faith.
Rabbi Eve Posen 