Israel – Rabbinate Okays Organ Transplants after Brain Death

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    Israel – The Chief Rabbinate’s governing body approved legislation that could facilitate organ transplants after brain death.

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    However, the decision might spark a battle between more haredi rabbis and their more moderate peers.

    In a unanimous vote, the Supreme rabbinical Council, which included the two chief rabbis of Israel and over a dozen city rabbis, agreed that present legislation, which provides directives for deciding when a person is official considered dead to permit disconnecting from life support and removal of organs for organ transplant, is in accordance with Halacha.

    Already in 1986, the Chief Rabbinate, which was headed by Sephardi Rabbi Mordechai Eliyahu and Ashkenazi Rabbi Avraham Shapira, determined that brain death, not permanent cessation of heart beat, was what defined clinical death according to Jewish law.

    However, for years there was no legislation in place that ensured adherence to the criteria set by the Chief Rabbinate.

    Over a year ago, MK Otniel Schneller (Kadima) drafted legislation that set in place a supervisory body that carefully monitored cases of brain death to make sure that the religious strictures required by the Chief Rabbinate were followed.

    On Tuesday night the Chief Rabbinate’s governing body unanimously ratified Schneller’s legislation, declaring that it met the criteria set by the Chief Rabbinate.

    Another issue raised by Chief Ashkenazi Rabbi Yona Metzger was the creation of a new type of organ transplant program called “Areivim”.
    With “Areivim” potential donors would be allowed to choose between brain death and the more stringent permanent cessation of heart beat. If they were fatally wounded and were in a position to donate their organs, doctors would only remove the organs after death had been determined in accordance with their choice – either heart cessation or brain death.

    However, Chief Sephardi Rabbi Shlomo Amar refused to allow the governing body to discuss Areivim. A source in the Chief Rabbinate said that Amar feared he would be attacked by the Ashkenazi haredi rabbinic leadership headed by Rabbi Yosef Shalom Elyahsiv.
    In the past Amar has been attacked for suggesting that organs could be removed from a Jew who suffered brain death while the heart was still beating.

    Amar’s spokesman said that the Chief Sephardi rabbi had not yet formulated his opinion on the issue of organ transplants after brain death. Therefore, he did not want to discuss Areivim.

    Meanwhile, Chief Rabbi of Safed Shmuel Eliyahu, who is a member of the Supreme Rabbinical Council, and who supports the “Areivim” program as a more “kosher” alternative to the present Israel Transplant Program known as ADI, said that there was no haredi opposition to Areivim.

    “Although Rabbi Elyashiv personally holds that heart cessation is what determines death he does not rule out my father’s [Mordechai Eliyahu’s] position that brain death is death according to Halacha. Therefore, an individual can be allowed to choose between the options.”

    A spokesman for Metzger said that he has yet to formulate his position in the Areivim program. Metzger wished to bring Areivim before the rabbinate’s government body to stimulate debate.
    According to the spokesman Metzger, who was elected as Chief Ashkenazi rabbi with the support of Elyashiv, has not consulted with the nonagenarian rabbi, considered the preeminent halacha scholar among haredi Ashkenazi Jewry.


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    16 Comments
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    plain yid
    plain yid
    15 years ago

    SHAME ON YOU SHAME ON YOU!!!!
    This is only words what I can say

    man
    man
    15 years ago

    Kesheyordi. Yordim ad leufor. Wow

    Anonymous
    Anonymous
    15 years ago

    finally some common sense, you think god is pleased that all these people are dying when perfectly good organs from a brain dead person are available?

    David
    David
    15 years ago

    When there were differences of halachic opinion in the past (Hillel and Shamai) they took a vote and the majority opinion bcame halacha, even if the dissenting opinion was held by the greater scholar. Here too, the Rabbanim have debated, a vote was taken, and it’s decision should be abided by all the Rabbanim involved and put into practice. Enough debate already.

    Anonymous
    Anonymous
    15 years ago

    Rav Moshe Feinstein held that brain death is death (as the gemara says hitz rosho aino chay)
    The issur of taking organs from a mais is nivul hamais which is a lav
    All lavin in the torah are nidcha because of pikuach nefesh.

    Rochel
    Rochel
    15 years ago

    I see no problem with giving organs, I don’t have any organ donator card because i’m not sure of taking this step but i’ve been thinking about that for many many many years… what will my organs be needed for once i’m buried… if it can help other people to live. But I think I’d be scared of traffic or unofficial experience, I don’t wanna give my body to science for crazy stuff