Abortion within Forty Days of Conception

Based on the Gemara's assertion that a fetus within forty days of conception is
viewed as "mere water," some Poskim permit an abortion at this point in case of
great need. These authorities include Teshuvot Torat Chessed (Even Haezer 42:33)
and Teshuvot Seridei Eish (3:127). On the other hand, Rav Isser Yehudah Unterma
n (Teshuvot Shevet Miyehuda 1:9) and Rav Moshe Feinstein (Teshuvot Igrot Moshe C
hoshen Mishpat 2:69) reject this lenient approach. Rav Moshe argues that since t
he Ramban sanctions desecration of Shabbat to save a fetus at this stage, we are
forbidden to perform an abortion at this point. See Teshuvot Bnei Banim 3:38-39
, where Rav Yehuda Henkin offers a compromise position on this question.
Rav Henkin emphasizes that a layman should not decide such a question. Moreover,
Rav Aharon Lichtenstein, in a personal conversation with me, once compared a Ra
bbi rendering a Halachic decision in the area of abortion to a physician conduct
ing a liver transplant. Just as an ordinary physician should not perform a liver
transplant, so too an ordinary Rabbi should not render a decision regarding an
abortion. Only a Rav of eminent stature may render a decision regarding abortion
.