Making the Unclean Clean?

What do we make of fetal tissue used in drugs, facial products and vaccines? There is a consensus among rabbinic circles that fetal tissue is not exempt from use in science and that Torah (as they have interpreted it) does not condemn it. What about the unclean and clean concepts expressed in the Torah?

See the next two statements of rabbinic conclusion on the topic. The first is extracted from an article on Sefaria, part of a long article on ethical procedures and Halakhah:

“Nevertheless, regardless of the unethical nature of the abortion itself, once it has been performed there need be no compunction with regard to utilization of the abortus in a manner otherwise consistent with applicable provisions of Jewish law. It is readily conceded by all that organs derived from a homicide may be used for any purpose for which organs obtained from the corpse of a person who has died of natural causes may be used and that such use in no way entails complicity in the act of homicide.” ¹

Quoted on the issue of vaccines at Chabad’s website. Rabbi Dr. J. D Bleich in Contemporary Halachic Issues, vol. 4: “Although performance of an abortion is a grievous offense, Jewish law does not posit a “Miranda principle” or an exclusionary rule that would, post factum, preclude use of illicitly procured tissue for an otherwise sanctioned purpose… By the same token, the absence of an exclusionary principle means that there is no moral barrier preventing the research scientist or the manufacturer of pharmaceutical products from utilizing fetal tissue procured by means of induced abortion for purposes that are otherwise moral, provided that such utilization of fetal tissue does not involve collusion in, or encouragement of, the abortion itself.”²

A woman who gives birth is considered in a state of defilement for a period of time after giving birth, 41 days (8+33) for a boy and 66 days for a girl.³ Does this not seem to say that what is produced by a miscarriage or abortion would also be considered defilement? Is the substance of a once living entity which has died not qualify as part of a carcass?

We know that whoever touches a carcass is considered unclean until evening and after washing, whether the carcass is an animal that is considered clean or unclean.⁴ So then, how is a fetus considered? It is not an animal, but where do we have instruction to use or avoid use of any part of a human? Is there not a problem even with the harvesting of organs? What about DNA?

What effect did touching an unclean thing have on holy things? The prophet Haggai spoke of this in a parable to the leaders of his day:

Hag 2:12-13 “If one bear holy flesh in the skirt of his garment, and with his skirt do touch bread, or pottage, or wine, or oil, or any meat, shall it be holy? And the priests answered and said, No.

Then said Haggai, If one that is unclean by a dead body touch any of these, shall it be unclean? And the priests answered and said, It shall be unclean.”

This is perhaps a very delicate area, but if we take the principles of Torah as they are written rather than accepting teachings that have come from their embellishment and manipulation, which actually abolish the true teachings of Torah, then we qualify things that were originally never meant to be done. Thus we make the Torah into something we can never be sure about without a rabbinic viewpoint. Thus we cannot feel confident in the study of the simple truth of Torah for ourselves.

Besides the issue of using something once living and now dead for scientific research, we have the issue of participating in the death of potential human beings. The question is often asked: But when does a fetus become viable? Still if the potential is there, any interruption in the life of a soul should be considered illicit in most cases. And even if the abortion was done for a legitimate cause, how can one determine which of all the billions of fetuses available for scientific use, was harvested from a legitimate cause? And this does not even begin to touch the clean and unclean aspects of Torah.

In the case of a natural miscarriage, it must be assumed that the dead fetus is in an unclean state. How then can it be considered acceptable for any use? Can defilement from death ever be cleansed? Apparently only by burying it and then washing one’s body and clothing and waiting until the day is over. There is nothing about cleansing the item that caused defilement.

There is another aspect involved and that is about using something that is a result of evil for a good cause. Is abortion murder in most cases? And if so, is it legitimate to use the proceeds of murder or robbery for a good purpose? Can we justify a death because something good can come from it? Can we even “make the best” of something like this by repurposing it?

Think a moment of the death of Achan who stole goods from Jericho against the order of Joshua. When he was found out, not only all of his immediate family was destroyed, but all of his goods. Nothing was allowed to be used. Were any of the material goods usable for a good cause? Of course! But everything was gathered together, a heap of stones piled over it all and it was then burned.⁵

Also the goods of Korach, Dathan and Abiram were destroyed.⁶ To the people Moses commanded “do not touch anything that belongs to them, or you will be swept away in all their sin!” vs. 26.

So the participation in sin sweeps away everyone who is involved, now that is according to Moses!

All I ask is that we all take a hard look at the literal Torah before we make concessions. That we accept the Torah as simple and easy to understand for the layman. After all…

“Now what I am commanding you today is not too difficult for you or beyond your reach. It is not up in heaven, so that you have to ask, “Who will ascend into heaven to get it and proclaim it to us so we may obey it? Nor is it beyond the sea, so that you have to ask, “Who will cross the sea to get it and proclaim it to us so we may obey it?
No, the word is very near you; it is in your mouth and in your heart so you may obey it. See, I set before you today life and prosperity, death and destruction.
For I command you today to love the LORD your God, to walk in obedience to him, and to keep his commands, decrees and laws; then you will live and increase, and the LORD your God will bless you in the land you are entering to possess.” Deu 30:11-16

1https://www.sefaria.org/Contemporary_Halakhic_Problems%2C_Vol_IV%2C_Chapter_VIII_Fetal_Tissue_Research%2C_Jewish_Tradition_and_Public_Policy.54?ven=Contemporary_halakhic_problems%3B_by_J._David_Bleich,_1977-2005&lang=bi&with=all&lang2=en

2https://www.chabad.org/library/article_cdo/aid/4980531/jewish/Can-I-Use-Vaccines-Made-From-Fetal-Tissue-or-Non-Kosher-Animals.htm

3Lev. 12: 1-5

4Lev. 11:24, 39-40

5Josh. 7:24-26

6Num. 16:25-32