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PDF Editor FAQ

Rami Sivan sir, what is Hinduism's stance on abortion and death penalty?

ABORTION is considered to be one of the greatest crimes according to Dharma Shastra.Yajñavalkya smṛti — vyabhicārād ṛtau śuddhir garbhe tyāgo vidhīyate | 
garbha bhartṛvadhādau ca tathā mahati pātake || 72 ||If a woman subjects herself to abortion, except in the case of adultery and for purposes of expiation, she becomes guilty of two great sins the murder of the foetus and the murder of her husband. (Chapter 3:72)(It is said the husband is born again through his progeny)There are only two reasons Dharma Shastra allows abortion.To save the life of the motherIn the case of rape.Paraśara Smriti Chapter 4:20 — yat pāpaṁ brahmahatyāṁ dviguṇaṁ garbha-pātane | prāyaścittamṁ na tasyāḥ syāt tasyās tyāgo vidhīyate ||What sin is incurred in killing a priest, causing an abortion causes a sin twice as great:— there is no atonement for that sin. The abandonment of such a woman has been ordained by law.Mahanirvana Tantra 11 — āgarbhat pañcamāsāntar garbham yā sravayeddhiyā | tad upāya-krtaṁ tāñca yātayetti-vratāḍanaiḥ || 69 || pañcamāt parato yā strī bhrūṇaṁ prapātayet | tat prayoktuśca tasyāśca patakam syādbadhodbhavaṁ | manuṣya-vadhajanyam || 70The woman who causes a miscarriage before the completion of the fifth month, as well as the person who helps her thereto, should be severely punished. The woman who after the fifth month destroys the child in her womb, and the person who helps her thereto, are guilty of murder. (70).CAPITAL PUNISHMENTCapital punishment is prescribed for certain crimes particularly those known as ātatāyinah — this term refers to criminals guilty of six kinds of crimes - arson, poisoning, murder, robbery with violence, appropriating land and kidnapping married women.(kidnapping unmarried women is of course punishable but not with death since these may be complex issues. Rape is always punishable by death or severe corporal punishment.)But what is very interesting is according to Dharma Shastras, if by giving true testimony in a court case in which a guilty verdict will result in the death penalty the witness is permitted to lie.

How does Sanatan Dharma look at abortion?

It is a maha-pātaka - one of the Five Great Sins.It is a reason for a husband to divorce his wife according to Narada 12:92There are only two reasons Dharma Shastra allows abortion.To save the life of the motherIn the case of rape.Paraśara Smriti Chapter 4:20yat pāpaṁ brahmahatyāṁ dviguṇaṁ garbha-pātane | prāyaścittamṁ na tasyāḥ syāt tasyās tyāgo vidhīyate ||What sin is incurred in killing a Brahmin, causing an abortion causes a sin twice as great:— there is no atonement for that sin. The abandonment of such a woman has been ordained by law.Mahanirvana Tantra 11:69,70 has the following to say:āgarbhat pañcamāsāntar garbham yā sravayeddhiyā | tad upāya-krtaṁ tāñca yātayetti-vratāḍanaiḥ || 69 ||pañcamāt parato yā strī bhrūṇaṁ prapātayet | tat prayoktuśca tasyāśca pātakam syādbadhodbhavaṁ || manuṣya-vadhajanyam || 70 ||The woman who causes a miscarriage before the completion of the fifth month, as well as the person who helps her thereto, should be heavily punished by the king (69).The woman who after the fifth month destroys the child in her womb, and the person who helps her thereto, are guilty of murder (70).Yajñavalkya smṛtivyabhicārād ṛtau śuddhir garbhe tyāgo vidhīyate | 
garbha bhartṛvadhādau ca tathā mahati pātake || 72 ||If a woman subjects herself to abortion, except in the case of pregnancy by other than her husband, and for purposes of expiation (after rape), she becomes guilty of two great sins the murder of the foetus and the murder of her husband.

How do Vedic or Yogic philosophies view abortion?

Abortion is one of the major sins in Vedic and Pauranic Hinduism. Yoga philosophy does not address this.Yajñavalkya smṛti Chapter 3vyabhicārād ṛtau śuddhir garbhe tyāgo vidhīyate | 
garbha bhartṛvadhādau ca tathā mahati pātake || 72 ||If a woman subjects herself to abortion, except in the case of adultery and for purposes of expiation (for rape), she becomes guilty of two great sins:– the murder of the foetus and the murder of her husband.Mahanirvana Tantra 11āgarbhat pañcamāsāntar garbham yā sravayeddhiyā | tad upāya-krtaṁ tāñca yātayetti-vratāḍanaiḥ || 69 || pañcamāt parato yā strī bhrūṇaṁ prapātayet | tat prayoktuśca tasyāśca patakam syādbadhodbhavaṁ | manuṣya-vadhajanyam || 70 ||The woman who causes a abortion before the completion of the fifth month, as well as the person who helps her thereto, should be severely punished. The woman who after the fifth month destroys the child in her womb, and the person who helps her thereto, are guilty of murder. (70).Paraśara Smriti Chapter 4:20yat pāpaṁ brahmahatyāṁ dviguṇaṁ garbha-pātane | prāyaścittaṁ na tasyāḥ syāt tasyās tyāgo vidhīyate ||What sin is incurred in murdering a priest, causing an abortion causes a sin twice as great:— there is no atonement for that sin. The abandonment of such a woman has been ordained by law.Any wilful abortion for gender selection or as a post sex contraception technique is a crime/sin in Vedic law.

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