Articles
Below you will find articles by rabbis, doctors and scholars about the halachic and medical issues surrounding brain-stem death and organ donation. Some articles are pro organ donation and some are con. We believe by showing all positions, we can allow the public to judge for themselves where they stand on these issues.
- Title: Rabbi Moshe Feinstein on the Treatment of the Terminally Ill.
Author: Feinstein, Rabbi Moshe as per ?
Publication: The 2nd International Colloquium of Medicine, Ethics and Halacha
Year: 1996
Download: English
HOD Comment: - Title: Letter from R. Auerbach on Gosses
Author: Auerbach, Rabbi Shlomo Zalman
Publication: Jewish Medical Ethics, Vol. II, No. 2
Year: May 1995
Download: English
HOD Comment: - Title: Letter from R. Feinstein on Brain-stem Death Legislation
Author: Feinstein, Rabbi Moshe
Publication: Letter to Assemblyman Miller
Year:
Download: English
HOD Comment: - Title: Opinion of Rabbi Moshe Feinstein
Author: Halperin, Rabbi Mordechai; Rappaport, Rabbi Shabtai, Levenstien, Rabbi Yisrael
Publication: ASSIA Book, Vol. 7, page 137-146
Year: 1993
Download: Hebrew
HOD Comment: - Title: Monetary Compensation for Donating Kidneys
Author: Grazi MD, Richard; Wolowelsky PhD, Joel
Publication: IMAJ
Year: 2004
Download: English
HOD Comment:Arguments why Jewish law supports the legalization of purchasing and selling kidneys.
- Title: Rabbi Shlomo Zalman Auerbach and Rabbi Shlomo Elyashiv on Brain-Stem Death
Author: Auerbach, Rav Shlomo Zalman; Elyashiv, Rav Shlomo
Publication: Yated Ne’eman
Year: 1991
Download: English Hebrew
HOD Comment:It seems this ruling was published twice, a year apart, with slight – yet important – changes. (The original ruling is attached as English document and the latter one as Hebrew document.) It has been said that the second ruling was issued due to the results of the sheep experiment. Rabbi Dr. Avraham Steinberg explains the difference of opinions between Rav Auerbach and Rav Elyashiv even though they jointly published this ruling, “While Rav Auerbach agreed with R. Eliashiv that at the time one can’t obtain organs from a brain-dead person, their reasoning was different. According to Rav Eliashiv the brain-stem dead person is alive because his heart is still pumping, while according to Rav Auerbach the reason was that such a person is “safek met safek gosses” (it is unknown if the person is dead or in the process of dying). This is a significant difference since in that if a validated test can be done that will assure the total destruction of the brain and on the other hand will not interfere with laws of gosses, then according to Rav Auerbach organs can be taken even if the heart is still functioning. My summary (ASSIA #53-54, p.13) of Rav Auerbach’s opinion was very carefully reviewed by him before publication, and he subsequently conveyed to Rabbi Mordechai Halperin that of all the documentation concerning his opinion it is this summary that most accurately describes his position in totality.”
- Title: A Matter of Life and Death — Revisited
Author: Unknown
Publication: Jewish Observer, The
Year: 1991, October
Download: English
HOD Comment: - Title: A Matter of Life and Death
Author: Zwiebel, Chaim Dovid
Publication: Jewish Observer, The
Year: 1991, Summer
Download: English
HOD Comment: - Title: RCA Health Care Proxy, The
Author: Angel, Rabbi Marc D.
Publication: Jewish Action
Year: 1992, Spring 5752
Download: English
HOD Comment: - Title: Halakhic Death Means Brain Death
Author: Tendler, Rabbi Moshe David
Publication: Jewish Review
Year: 1990, January-February
Download: English
HOD Comment: - Title: Rav Moshe Sternbuch’s Position
Author: Steinberg, Rabbi Dr. Avraham and Rabbi Moshe Peleg
Publication: ASSIA
Year: 2010
Download: Hebrew
HOD Comment:Rabbi Moshe Sternbuch stated that he accepts brain-stem death as halachic death to many people (see article) in private and also in public, such as at a Yarchei Kallah event, in the presence of Rabbi Yaakov Weiner. That was at the Eleventh Annual Jerusalem Yarchei Kallah event: Medicine and Halacha, at Boys Town, in Bayit Vegan, Jerusalem, Israel, held between August 12 – 18, 2009. During the session entitled: “Question and Answer Session (Rav Moshe Sternbuch, Rav Yaakov Weiner)
- Title: Rav Moshe Feinstein on Heart Transplants
Author: Feinstein, Rav Moshe
Publication: Igrot Moshe – Choshen Mishpat: Siman 72
Year: 1978
Download: English
HOD Comment: - Title: Brain Death I: A Status Report of Medical and Ethical Considerations
Author: Veith, Frank MD; Jack Fein MD; Moses Tendler PhD; Robert Veatch Phd; Marc Kleinman JD, LLM; George Kalkines JD
Publication: The Journal of the American Medical Association
Year: October 10, 1977
Download: English
HOD Comment:Arguing that brain death is a superior indicator of death, this team of rabbis, doctors, and ethicists published their work more than 30 years ago. Visualizing lack of blood flow to the brain and lack of brain activity over a short period of time, allows doctors to determine unequivocally that a patient has died even if they are being supported by mechanical means. The second section provides philosophical arguments from several religious traditions for the recognition of brain death as a legitimate indicator of death. Of particular note are Rav Moshe Feinstein’s words, “there is no religious imperative to continue to use a respirator to inflate and deflate the lungs and thus maintain the cellular viability of other organs in an otherwise dead patient.” These arguments are presented first and foremost for their own sake though the authors acknowledge that they have important bearing on the decisions to allow organ donation. - Title: Organ Sales Needn’t Be Exploitative (But It Matters If They Are)
Author: Lawlor, Rob
Publication: Bioethics
Year: 2011
Download: English
HOD Comment: - Title: Brain Death Controversy in Jewish Law, The
Author: Breitowitz, Rabbi Yitzchak
Publication: Jewish Action
Year: 1992; Spring 5752
Download: English
HOD Comment:A clear overview and input from R. Tendler.