Organ Donation

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The Halachic Identity of Transplanted Organs

HALAKHAH

The halachic perspective on organ transplants, particularly ovarian transplants, raises profound questions about identity and maternity. Rabbi J. David Bleich, in his series 'Contemporary Halakhic Problems,' explores the implications of organ transplants in Jewish law, presenting an opinion that draws analogies from talmudic sources to argue that the recipient of an ovarian transplant is considered the mother of any child conceived.

Furthermore, maintains Rabbi Kamelhar, a transplanted organ is deemed to have become an integral part of the body of the recipient. For this reason, the recipient of an ovarian transplant must also be considered the mother of any child subsequently conceived. Despite a lack of relevant sources dealing with human transplants Rabbi Kamelhar endeavors to establish this point by drawing upon regulations governing the classification of plants and animals. The fruits of a seedling are forbidden as orlah during the first three years following its planting…

Contemporary Halakhic Problems, Vol I, Part I, CHAPTER V Medical Questions 40

The Halakhic Imperative of Bone Marrow Donation

HALAKHAH

The obligation to donate bone marrow, despite the associated pain and potential financial loss, underscores the imperative to save a life in Jewish law. Rabbi Chaim Jachter's analysis in Gray Matter explores the minimal risk of general anesthesia and the requirement for the beneficiary to compensate the donor for any financial loss incurred.

Bone marrow donation is safe and is performed, as in other cases of live organ donations, only if a dangerously ill individual currently is in need. However, removal of the marrow is painful and often requires general anesthesia. Rav Bleich and Rav Willig rule that since the risk of general anesthesia is so minimal, one is obligated to make such donation, even if it will cause some residual pain and lost work time. We noted earlier that the Gemara (Sanhedrin 73a) requires one to expend every effort to save his fellow’s life. We should note, however, that Rama (Y.D. 252:12) and Shach (C.M…

Gray Matter IV, Medical Issues, Live Organ Donations 23

Ethical Dilemmas in Organ Donation

RESPONSA

With advancements in medical techniques, the ethical and halachic questions surrounding the use of human body parts for medical purposes have become increasingly important. This mid-20th-century responsa addresses the complex issues of medical ethics and Jewish law in the context of organ donation.

The question raises a subject of great importance, one that will be increasingly significant, due to the growing use of new techniques in surgery and medicine. While the chaplain asks merely whether the bone may be preserved rather than buried, the question arises as to whether the bone may be used at all on another patient, and in fact whether we may use other parts of the human body (such as skin for grafting in burns, corneas for the restoration of sight) or, as in this case, the bone in surgery…

Collected Responsa to Chaplains, Use of Bone Fragments in Bone Surgery 4

Halakhic Perspectives on Organ Donation

HALAKHAH

Rav Shlomo Zalman Auerbach's approval of organ donation is contingent upon the completion of the brain stem test protocol. Rabbi Moshe David Tendler, a prominent 20th-century Jewish medical ethicist, discusses halakhic perspectives on brain death and organ donation, referencing rulings by leading rabbis.

7) Several personal communications affirmed that numerous times Rav Shlomo Zalman approved the donation of vital organs from Jews, if the brain stem test protocol had already been completed.

Care of the Critically Ill, Responsa of Rav Moshe Feinstein, Clarification of the Halakhic Rulings of Rav Moshe Feinstein and of Rav Shlomo Zalman Auerbach in Regard to Brain Death 33

Kindness from a Corpse

SECOND TEMPLE

The ethical imperative to extend kindness and benefit to others, even from a corpse, underscores the moral duty to give life and help others through organ donation. Ben Sira, a second-century BCE work of ethical teachings, offers wisdom on living a moral and God-fearing life.

Give a gift to all life; Also from a corpse do not withhold kindness.

Ben Sira 7:34

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