Avram
I love your point regarding recalcitrant husbands.
I’m not sure my response is as good as your question.
Though before we get to it. I’d like to be clear on your position since our discussion has shifted a lot.
In a nutshell my position is thus:
There are instances where halacha would allow an abortion that is not strictly speaking, medically necessary (in the sense that not having it would result in the mother’s death). These woman should be allowed to have an abortion. Since there is no way to legislate that a Rabbi would approve every abortion, in order to accommodate those cases we should allow (almost?) all abortions. (I say almost because I have never encountered any such case late in pregnancy)
Is your argument that:
a. No such cases exist
b. That is not enough to allow all abortions. So we should ban abortions (except where life threatening) and even those women who get a heter should be forced to carry to term
c. something else
As for recalcitrant husbands.
first of all, it isn’t clear that hitting is allowed. Even if it is, we need to weigh the benefits vs risks.
what is the benefit to allowing hitting ? – it probably works faster than other forms of pressure that are still available
What is the risk of not “having laws forbidding assault and battery” – complete chaos
what is the benefit to allowing abortions? Not forcing woman in terrible situations undue psychological (and physical) burden – though not death since on that we agree and are NOT discussing here. (also It will keep them safe (illegal abortions don’t usually lead to less abortions but to unsafe abortions), the cases I’m referring to would probably have had abortions even if illegal) )
what is the risk of allowing abortions? geheniom for people who practice without Rabbinic approval.
so in weighing the risks and benefits of both: on abortion the Government should stay out, and on battery make it illegal
Again obviously if there was an option for the Government to outlaw battery unless received Rabbinic approval I’d be for that.
I grant this isn’t the best distinction, and If you choose option B above I think reasonable people can disagree on that, as I told NC.