Houston , TX – A Texas appeals court dissolved an order blocking a suicide victim’s autopsy on the grounds that it violated his Jewish Orthodox beliefs. The judges remanded for further review, saying the decedent’s widow failed to clearly establish that her husband was a practicing Orthodox Jew.
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The lower court blocked Dr. Luis Sanchez, the medical examiner, from investigating the cause of 54-year-old Yahya Saghian’s death.
Saghian suffered from depression, and his rabbi testified that Saghian “stated very explicitly to me that he was going to take his own life.”
Saghian was found dead, with empty pill bottles around his body. Police ruled his death a suicide. His wife, Afsaneh, got a restraining order to block the autopsy, claiming the procedure would violate the tenets of their religious beliefs.
The First Texas District Court of Appeal in Houston ruled that, as the county medical examiner, Sanchez has the discretion to decide whether an autopsy is necessary.
Writing for the court, Judge Hanks also ruled that Afsaneh did not prove that her religious freedom had been violated.
“We are extremely sympathetic to the fact that Mrs. Saghian was in mourning at the time of the hearings and that she may not have been available to provide live testimony establishing her and her husband’s adherence to all of the religious beliefs set forth in the various rabbis’ testimony,” the judge wrote.
“However, we note that her personal appearance at the hearings would not have been the only method of establishing these facts, and that these facts are vital if courts are to perform the particularized, intensive analysis required by the [Texas Religious Freedom Restoration Act],” Hanks ruled.
The court dissolved the temporary restraining order and remanded the case for further review.
The court does not have the right to examine the level of religious observance to allow the waiver, that is an unconstitutional violation of the separation of church and state. The Rabbi of the meis attested to his suicidal tendancies r”l and should be satisfactory evidence of his race to any court. This is a hideous, macabre violation of Jewish burial rites, and a clear obstruction of religious freedom.
The fact that empty pill bottles are found by a body is indicative of suicide by overdose but is not evidentially conclusive as they could be planted after death. Only an autopsy can prove this. Likewise how did police ‘rule’ that death as suicide? By ruach hakodesh?
Can someone please explain to me what the big deal of autopsies is?
Why is it a violation of halacha?
this is total horsesh-t. The fact that someone doesnt adhere to ALL of the beliefs doesnt negate his right to have a certain belief followed. I say nix the autopsy. I for one would not want an autopsy and i am not 100% totally observant. I sure woudlnt want my rights violated because I may have dont somthing such as lighting a light on shabbas.
What did the rabbi do when this poor man explicitly stated that he was going to kill himself? Are rabbis obligated to contact the appropriate health authorities, such as for an involuntary commitment if needed to try to prevent a suicide?
My sympathies to this man’s family and to the rabbi.
there are a lot of halachos regarding a dead body.
we are obligated to protect it, we do a tahara, if one had a autopsy, then its impposible to do a tahara, they usually just rince the body..
and yes, dead people do feel what is happening to them, its in Berachos.
but even if not, its a halacha, we are not permitted to do autopsy, all rabbonim, and all poskim dont allow it. (by all, I hope you know what I mean..)
Hello brilliant pple when someone asks a question just because its so simple to you doesn’t mean every person knows instead maybe help the person understand the importance of a jewish burial and death
As the court decided the medical examiner has the last say on wether to preform the Autopsy. When a person is Niftar through natural or obvious ways ie a heart attack etc it is esy to tell the cause of death and there is no concern of foul play.
When dealing with a suicide like this one where it is NOT obvious that he committed suicide the police/medical examiners have a duty to investigate. Otherwise as a society people will be able to commit murder (for the insurance money etc.) and than hide behind religion to protect their crimes. That is why I feel an Autopsy should take place in these circumstances though it is not our way.