Hello, we are continuing our study of Chapter Five of the book Brit Shalom.
We are dealing with the laws related to taking a person’s life. It is clear that murder is forbidden, but we have also discussed borderline situations — for example, cases involving the need for an abortion, or questions related to determining the moment of death and the need, at times, not to assist in prolonging a person's life.
Here, we will also deal with a question that is currently relevant: heart transplants, kidney transplants, and organ harvesting — organ donation from a deceased person in order to save the lives of others. What is the halakhic ruling on this matter?
Now I will read section 9. Even in situations where halakha permits stopping treatment for a terminally ill patient — meaning we are saying, "do not save him" — it is nevertheless forbidden to disconnect resuscitation or ventilation machines, or to withhold food and fluids from the patient until the moment of death.
This has practical implications. Should we, in some cases, permit or not permit intubation and feeding tubes in order to prolong the life of the patient, even if we know there is no chance of recovery or of continuing life without suffering?
Here, the tendency among most halakhic decisors is: if the person will live only a life of suffering and there is no real chance of returning to a state of normal functioning and consciousness, then they recommend not performing intubation. Once intubation has been performed, it cannot be undone, and this may result in the person living a life of unnecessary suffering.
In any case of doubt — what should be done? Often, the situation is not simple. One must consult with three parties:
- Ask the patient, if they are able to cooperate.
- Ask the doctor, who provides the medical information and data.
- The rabbi will determine whether the situation halakhically permits stopping resuscitation.
What about organ harvesting? In section 10 — harvesting organs from a deceased person after cardiac arrest or brain death for the purpose of transplantation is permitted and even desirable. Indeed, this has led to much debate among halakhic authorities: is brain death — while the heart is still beating — considered death? The decision of the Chief Rabbinate of Israel is that yes, brain death is considered death, even if the heart continues to beat.
Organ donation from a healthy person that does not endanger the donor — such as a kidney transplant — is permitted and even desirable. However, we do not always know with certainty whether it poses a risk or not, and therefore medical consultation is necessary in such cases.
