Organ donation in Jewish law
Encyclopedia
Under Jewish law, organ donation
raises some questions, and has traditionally been met with some skepticism. However, it has met increasing acceptance as medical transplantation
methods have improved. In both Orthodox Judaism
and non-Orthodox Judaism, the majority view holds that organ donation
is permitted in the case of irreversible cardiac rhythm cessation. In some cases, rabbinic authorities believe that organ donation may be mandatory, whereas a minority opinion considers any donation of a live organ as forbidden.
, the risk of the medical operation, and the duty to preserve or save life.
Another issue is the prohibition against touching a goses. Goses is a halachic category ascribed to people who are critically ill and expected to die within a brief period, typically three days. Halakha forbids touching the body of a goses for fear that any sudden movement may accelerate the time of death. For this reason, there may be reluctance to medically intervene with an imminently dying patient solely for the purpose of preparing them for organ donation.
) that requires extraordinary actions to preserve or save life.
Another issue is Jews donating organs to non-Jews. Some say that because every man is created in the image of God pikuach nefesh spreads to non-Jews also. There is a fear of enmity between Jews and non-Jews so rabbis say that pikuach nefesh has to apply to non-Jews, because there is already a complaint in the medical world about Jews being willing to receive organs but not give organs. In addition, by putting yourself on an organ list there is a possibility that a Jew on the list will be bumped up if a non-Jew is given your organ.
Overall, according to many Halachic
rulers, there is no Halacha that says you can't donate organs, and usually it is pikuach nefesh that gives people permission to donate. However, because of some dissenting Halachic
rulers, it is advised to consult with a rabbi before making a decision.
Organ donation
Organ donation is the donation of biological tissue or an organ of the human body, from a living or dead person to a living recipient in need of a transplantation. Transplantable organs and tissues are removed in a surgical procedure following a determination, based on the donor's medical and...
raises some questions, and has traditionally been met with some skepticism. However, it has met increasing acceptance as medical transplantation
Organ transplant
Organ transplantation is the moving of an organ from one body to another or from a donor site on the patient's own body, for the purpose of replacing the recipient's damaged or absent organ. The emerging field of regenerative medicine is allowing scientists and engineers to create organs to be...
methods have improved. In both Orthodox Judaism
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
and non-Orthodox Judaism, the majority view holds that organ donation
Organ donation
Organ donation is the donation of biological tissue or an organ of the human body, from a living or dead person to a living recipient in need of a transplantation. Transplantable organs and tissues are removed in a surgical procedure following a determination, based on the donor's medical and...
is permitted in the case of irreversible cardiac rhythm cessation. In some cases, rabbinic authorities believe that organ donation may be mandatory, whereas a minority opinion considers any donation of a live organ as forbidden.
Relevant principles of Jewish Law
In judging cases of organ donation, rabbis consider a range of principles and precedents, including mutilation of the body, the determination of deathBrain death
Brain death is the irreversible end of all brain activity due to total necrosis of the cerebral neurons following loss of brain oxygenation. It should not be confused with a persistent vegetative state...
, the risk of the medical operation, and the duty to preserve or save life.
Mutilation and undue benefit of a dead body
Jewish interests in avoiding desecration of the body has been considered a factor in gauging the permissibility of organ donation. Those halachot are nivul hamet, which forbids the needless mutilation of a dead body, halanat hamet, which forbids delaying the burial of a body, and hana'at hamet, which forbids getting benefit from a dead body.Determination of death
Another major debate around organ donation has to do with what is considered death. One opinion is that death is indicated by the irreversible cessation of breathing, and the other opinion is that death is indicated by the irreversible cessation of a heartbeat, which is the majority, long standing accepted opinion. Those who hold this way believe that any other definition of death e.g. brain death or brain stem death, is incorrect and removing organs from such an individual is tantamount to murder.Another issue is the prohibition against touching a goses. Goses is a halachic category ascribed to people who are critically ill and expected to die within a brief period, typically three days. Halakha forbids touching the body of a goses for fear that any sudden movement may accelerate the time of death. For this reason, there may be reluctance to medically intervene with an imminently dying patient solely for the purpose of preparing them for organ donation.
Preservation of life
In favor of organ donation, most authorities rely on the overarching principle (pikuach nefeshPikuach Nefesh
The Hebrew term pikuakh nefesh describes the principle in Jewish law that the preservation of human life overrides virtually any other religious consideration...
) that requires extraordinary actions to preserve or save life.
Another issue is Jews donating organs to non-Jews. Some say that because every man is created in the image of God pikuach nefesh spreads to non-Jews also. There is a fear of enmity between Jews and non-Jews so rabbis say that pikuach nefesh has to apply to non-Jews, because there is already a complaint in the medical world about Jews being willing to receive organs but not give organs. In addition, by putting yourself on an organ list there is a possibility that a Jew on the list will be bumped up if a non-Jew is given your organ.
Overall, according to many Halachic
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
rulers, there is no Halacha that says you can't donate organs, and usually it is pikuach nefesh that gives people permission to donate. However, because of some dissenting Halachic
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
rulers, it is advised to consult with a rabbi before making a decision.
Ultra-orthodox opposition
Some ultra-orthodox Jews (haredim) are vehemently opposed to organ donation. Haredim in Israel have recently issued an anti-organ-donor or "life" card which is intended to ensure that organs are not removed from the bearer after brain death or brain stem death. It states: "I do not give my permission to take from me, not in life or in death, any organ or part of my body for any purpose."Sources
- Elliot N. DorffElliot N. DorffElliot N. Dorff is a Conservative rabbi. He is a professor of Jewish theology at the American Jewish University in California , author and a bio-ethicist....
. Matters of Life and Death:A Jewish Approach to Modern Medical Ethics Philadelphia and Jerusalem: Jewish Publication Society 1998. Pp. xix, 476. $24.46. ISBN 0-827-60647-8 - Jakobovits, ImmanuelImmanuel JakobovitsImmanuel Jakobovits, Baron Jakobovits, Kt was the Chief Rabbi of the United Hebrew Congregations of the Commonwealth from 1967 to 1991. His successor is the present Chief Rabbi, Jonathan Sacks.-Biography:...
. 1959. Jewish Medical Ethics. New York: Bloch Publishing. pp. 285–291 - Lau, Y. "The sale of organs for transplantation" (Hebrew), TehuminTehuminTehumin is a Hebrew-language annual journal of articles about Jewish law and Modernity. It has been published in Israel, by the Zomet Institute once a year since its creation in 1980...
18:125-136, 1998 - Joseph Prouser. "Organ and Tissue Donation Card" in Mackler, Aaron L., ed. 2000. Life & Death Responsibilities in Jewish Biomedical Ethics. JTS.
- Ramirez, Anthony. "Medicine Meets Religion In Organ Donation Debate." New York Times, 18 November 2006, Vol. 156 Issue 53767, pB2-B2, 1/3p; (AN 23283799)
- Sinclair, DanielDaniel SinclairDaniel Sinclair is a British-born Israeli scholar of Jewish law who specializes in contemporary Jewish medical ethics. His books include Tradition and the biological revolution and Jewish biomedical law: Legal and extra-legal dimensions...
. Jewish biomedical law. Oxford Univ. Press, 2003 (Chapter 6) - Twersky, Abraham, Michael Gold, and Walter JacobWalter JacobWalter Jacob is a leading Reform rabbi and an expert in the Reform movement's approach to Jewish law . A protege of Solomon Freehof, Jacob served at Rodef Shalom in Pittsburgh as an assistant rabbi and as successor to Freehof as congregational rabbi...
. 1991. "Jewish Perspectives." pp. 187–98 in New Harvest: transplanting the body and reaping the benefits, edited by C. Don Keyes and Walter E. Wiest. Clifton, NJ: Hurnana Press. - Stephen J. Werber. “Ancient Answers to Modern Questions: Death, Dying, and Organ Transplants – A Jewish Law Perspective,” ‘'Cleveland State University Journal of Law and Health, 1996 / 1997, v.11
External links
- National Transplant and Organ Donation Center and ADI organization
- The Halachic Organ Donor SocietyHalachic Organ Donor SocietyThe Halachic Organ Donor Society, also known as the HOD Society, was started in December 2001 by Robert Berman. Its mission is to save lives by increasing organ donation from Jews to the general public...
http://www.hods.org/index.shtml advocates organ donation and provides education and information on relevant Jewish law and ethics. - http://www.chabad.org/library/article_cdo/aid/635401/jewish/Organ-Donation.htmChabadChabadChabad or Chabad-Lubavitch is a major branch of Hasidic Judaism.Chabad may also refer to:*Chabad-Strashelye, a defunct branch of the Chabad school of Hasidic Judaism*Chabad-Kapust or Kapust, a defunct branch of the Chabad school of Hasidic Judaism...
on organ donation]