Some Torah portions explain historical lineage, linking generations of leaders for context. Some portions detail big, sweeping scenes of miracles and wonder. And some give us the framework for the laws and traditions that guide Jewish observance even today. Parshat Mishpatim falls into that third category.
Mishpatim is a cornerstone of Jewish law, a blueprint for justice, ethical behavior, and societal responsibility. Among its many laws, one passage stands out in contemporary discussions on reproductive rights: Exodus 21:22-25. This verse describes a situation in which a pregnant woman is injured during an altercation, resulting in the loss of the pregnancy. The Torah states that if no further harm follows, the one responsible must pay financial damages, but if harm does follow, then the principle of “an eye for an eye” applies.
This passage has been foundational in Jewish legal tradition, as it differentiates between the status of the fetus and the life of the pregnant person. While some perspectives grant fetal life an independent legal status from conception, the Torah’s distinction here implies that the well-being of the pregnant person takes precedence. This principle is echoed throughout Jewish law, which consistently prioritizes the health, safety, and autonomy of the person carrying the pregnancy. The Mishnah (Ohalot 7:6) reinforces this idea, stating that if a pregnancy endangers the mother’s life, intervention is not only permitted but required.
Jewish tradition calls upon us to uphold justice and compassion in all areas of life, and reproductive rights are no exception. The laws of Parshat Mishpatim remind us that justice is not abstract—it is about ensuring that the vulnerable are protected, that individual dignity is respected, and that ethical decisions are guided by wisdom and care. As much as we’ve advanced in almost every area of science and healthcare, somehow reproductive rights are still contested. Yet our ancient texts apply a nuanced approach, which acknowledges the complexities of pregnancy and prioritizes the life and health of the pregnant person.
In light of this, we offer a blessing, drawing upon our sacred tradition:
Baruch atah Adonai, Eloheinu melech ha’olam, shenatan lanu Torat emet v’chayei olam nata b’tocheinu.
Blessed are you, Adonai, sovereign of the universe, who has given us a Torah of truth and planted within us eternal life.
This blessing, traditionally recited after Torah study, reminds us that our learning must lead to action. The Torah’s truth is not stagnant; it calls us to uphold justice in our communities. As we reflect on Parshat Mishpatim, may we be inspired to advocate for policies that support those making difficult decisions and ensure that justice, as our tradition envisions it, is upheld for all.
– Rabbi Eve Posen
Source: Matter of Life and Health
