The son of a beloved friend of mine in the United States received a lung transplant this past month. I pray that the transplant will "take" and that the young man will live a long and fruitful life. This event brought home to me an issue that has been discussed in rabbinic circles for the past decades, but, somehow, for me it remained pretty much a theoretical question. Until now, when it took on very real dimensions. The issue in question concerns the halachic viewpoint regarding such organ transplants. The problem does not concern the recipient of the organ transplant, who is certainly permitted to accept the organ to prolong one's life, but rather the problem revolves around the method of "harvesting" the organs from people who are considered clinically dead yet are still alive enough for their organs to be usable in such transplants. Thus, the issue really concerns the issue of when is clinical death considered halachic death. On this vital question there is, unfortunately, no unanimity of opinion. The important issue is clouded by dispute and uncertainty.
There is established rabbinic opinion that "brain death" is considered death according to Jewish halacha. If this opinion is adopted and followed, then there is really no halachic problem regarding organ transplants. In fact, it would seem, in the light of this opinion, that donating one's organs after death should be encouraged, for it obviously provides life for others. The prohibition in Jewish law of nivul hamet - desecrating the body of the deceased - is waived when such an act will serve to save the life of a living human being. This is also the basis in Jewish law for allowing certain individual autopsies to be carried out, while the general principle of forbidding indiscriminate autopsies is yet upheld. Thus, if "brain death" is accepted as death according to halachic standards as well, the "harvesting" of organs from those declared dead is permissible and their organs will live on after them, albeit in a different body, giving continued life and usefulness.
There is, however, another school of thought in rabbinic opinion that holds that the current medical standard of "brain death" is not sufficient according to halacha to consider the person as being actually dead. If this school of thought is followed, then it becomes virtually impossible to "harvest" organs from dead persons in accordance with halacha, for by the time of death according to these stricter standards, the organs are also medically dead and useless for transplantation in the bodies of others. This opinion would then inhibit Jews from being organ donors and create a difficult situation for being accepted as being likely organ recipients as well. If a certain group is viewed as being only "takers" and not "donors", then it naturally will receive very low priority in being assigned and granted organs for transplants. I do not know to what extent this practical implication of deciding this halachic matter has been factored into the debate as of yet.
This important issue is being debated regularly in rabbinic circles. Here in Israel, organ transplants have become much more common and, even amongst religious circles, there is a trend towards allowing one's self to become an organ donor. This trend signifies the practical acceptance of clinical "brain death" as being the definition of halachic death as well. As medical science makes further strides in organ transplant technology and effectiveness, it seems that the view of clinical "brain death" as being the halachic definition of death will become more and more widely accepted. In this article, I have not discussed the metaphysical issues of one's organs (especially one's heart) living on in a different person. Such a discussion would perhaps put a whole other light on the issue. However, mysticism is not my field, so I will leave the matter rest on the practical considerations that I have discussed above.
Shabbat Shalom.
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Rabbi Berel Wein, noted author and lecturer, is founder of the Destiny Foundation, dedicated to educating Jews about their historical and ethical heritage (JewishDestiny.com).
There is established rabbinic opinion that "brain death" is considered death according to Jewish halacha. If this opinion is adopted and followed, then there is really no halachic problem regarding organ transplants. In fact, it would seem, in the light of this opinion, that donating one's organs after death should be encouraged, for it obviously provides life for others. The prohibition in Jewish law of nivul hamet - desecrating the body of the deceased - is waived when such an act will serve to save the life of a living human being. This is also the basis in Jewish law for allowing certain individual autopsies to be carried out, while the general principle of forbidding indiscriminate autopsies is yet upheld. Thus, if "brain death" is accepted as death according to halachic standards as well, the "harvesting" of organs from those declared dead is permissible and their organs will live on after them, albeit in a different body, giving continued life and usefulness.
There is, however, another school of thought in rabbinic opinion that holds that the current medical standard of "brain death" is not sufficient according to halacha to consider the person as being actually dead. If this school of thought is followed, then it becomes virtually impossible to "harvest" organs from dead persons in accordance with halacha, for by the time of death according to these stricter standards, the organs are also medically dead and useless for transplantation in the bodies of others. This opinion would then inhibit Jews from being organ donors and create a difficult situation for being accepted as being likely organ recipients as well. If a certain group is viewed as being only "takers" and not "donors", then it naturally will receive very low priority in being assigned and granted organs for transplants. I do not know to what extent this practical implication of deciding this halachic matter has been factored into the debate as of yet.
This important issue is being debated regularly in rabbinic circles. Here in Israel, organ transplants have become much more common and, even amongst religious circles, there is a trend towards allowing one's self to become an organ donor. This trend signifies the practical acceptance of clinical "brain death" as being the definition of halachic death as well. As medical science makes further strides in organ transplant technology and effectiveness, it seems that the view of clinical "brain death" as being the halachic definition of death will become more and more widely accepted. In this article, I have not discussed the metaphysical issues of one's organs (especially one's heart) living on in a different person. Such a discussion would perhaps put a whole other light on the issue. However, mysticism is not my field, so I will leave the matter rest on the practical considerations that I have discussed above.
Shabbat Shalom.
---------------------------------
Rabbi Berel Wein, noted author and lecturer, is founder of the Destiny Foundation, dedicated to educating Jews about their historical and ethical heritage (JewishDestiny.com).