CARR 34-35

CCAR RESPONSA

Contemporary American Reform Responsa

21. Fetus Used for

Experimentation

QUESTION: Under what circumstances, if any, would it

be permissible to conduct medical research involving an aborted fetus? A member of a

congregation is doing research in Alzheimer’s Disease which requires live brain tissue otherwise

unavailable. (Rabbi H. Jaffe, Minneapolis, MN)ANSWER: Jewish tradition looks

upon the fetus in a manner similar to that of a severed limb. In other words, it has some special

status and is considered part of a human being, but it does not possess a soul of its own and is

not considered a separate human being in its own right until it has reached a certain age. Even

then there is some disagreement. A fetus, therefore, needs to be treated with reverence, but not

in the same manner as a deceased person. A fetus which is less than forty days old

does not possess human status (Shab. 135b; Solomon Skola, Bet Shelomo Hoshen

Mishpat #139). Even when the fetus is older than forty days, it is not considered as a living soul

by most traditional authorities (San. 72b; Rashi to San. 72b; Joshua Falk, Meirat Enayim

to Shulhan Arukh Hoshen Mishpat 425; Ben Zion Uziel, Mishpetei Uziel, III, #46, 47).

There is, therefore, no formal obligation to bury the fetus. It is treated as a severed limb. In

Talmudic times, limbs and organs severed from the human body, and fetuses, were disposed of

informally and needed no formal burial (Ket. 20b; Tur Yoreh Deah 266; Shulhan

Arukh Yoreh Deah 266). A few recent authorities disagree and feel that a fetus must be

buried (David Cohn, Kol Torah Adar, Sivan, 5730). Moses Feinstein (Igrot Mosheh

Yoreh Deah I #231) also stipulates that all segments of the body must be buried as a matter of

law. Severed limbs and fetuses are generally buried for two reasons; first in order to

assure their dignified disposal as a part of a human body, and second, in order to prevent the

ritual uncleanliness of priests who might come in contact with them (Yad Hil. Tumat

Okhlin 16.8; Shevut Yaaqov, II, #10; Ket. 20b). As there is no mandate to bury

a fetus, and as it has not been viewed as a human being with its own soul, there is no objection

to its use for medical experimentation. This has been the general view expressed by some

traditional authorities (Noda Biyehudah II Yoreh Deah #209; Eliezer Waldenberg, Tzitz

Eliezer, X, #25, Chapt. 8). We should mention one additional negative argument

which might be raised, i.e., not benefiting from the dead (asur behana-ah). This, however,

is not involved in our case, as this referred only to a deceased “person,” a status which the fetus

has not attained (Shulhan Arukh Yoreh Deah 364.1). The experimentation, which this

scientist intends to conduct is, therefore, in keeping with Jewish tradition as well as with our

interpretation of it.November 1984

If needed, please consult Abbreviations used in CCAR Responsa.