Shevat's compact from USCJ

DVAR TORAH



PLANTING HOPE: TU B’SHEVAT



The Jewish mystics taught that the world we live in is an outer expression of the inner essence of God’s soul. Just as a painting is more than physical paint on canvas, so each work of Nature is a message from our Creator.



That is why on Tu B’Shevat we are reminded not only what trees do for us (they give us the very air we breathe!), but also what trees have to teach us about life.



In trying to decipher the meaning of a tree, our ancestors focused on how a tree grows. In Psalm 92 we read “tzaddik katamar yifrach/the righteous flower like the palm tree.” The cruel people of the earth are compared to grass that grows quickly but also dies quickly. A palm tree takes a very long time to reach its full height. But once the palm is fully grown, it is as enduring as it is grand. The tamar reminds us that the work of creating goodness in the world takes patience and perseverance. If we persist, we can create beauty that is as lasting as the palm and the cedar.



The genesis of a tree is also a symbol of renewal. Every tree begins with a seed planted deep within the earth. If a seed could speak, it might cry out in despair: “Free me from this dark prison!” It’s only a matter of time before the young tree breaks through from the darkness to the light. In the same way, when we feel ourselves trapped in darkness, the prophet Isaiah encourages us to think of ourselves as the seed that is preparing to burst into the daylight and become a mighty tree. This is the meaning of the phrase in the Amidah, matzmiach yeshuah/God causes redemption to sprout up from the earth. Even our darkest moments can be gestation periods for new growth and rejuvenation.



We also cannot help but be amazed that every great tree starts out life as a tiny sapling. Isaiah described the coming of the Messiah after a period of devastation in these words: V’yatza choter mi’geza yishai/a sprig shall emerge from the stump of Jesse. Isaiah meant that hope begins quietly with small actions and it has to be nourished and strengthened like a vulnerable little sapling. With the proper care, a small act of kindness can grow into mighty redemption. Think of the infant Moses in the basket by the Nile . It took the loving care of his mother, Yocheved, his sister, Miriam and Batya, the daughter of Pharaoh to nurture hope until it was strong enough to overcome Egyptian chariots.



A film biography of Chiune Sugihara tells the story of the Japanese diplomat who saved thousands of Jews from certain death at the hands of the Nazis by issuing them visas. One survivor proclaimed very emotionally that in his own family alone, 37 descendants issued from that one visa that saved his life. It is estimated that 40,000 survivors and their descendants owe their lives to Sugihara’s bravery.Could we see Natan Sharansky’s nine years in a Soviet prison as the seed that produced the oak that ultimately helped shatter Soviet totalitarianism? History is full of examples of small acts that grew in impact beyond anyone’s expectations.



Tu B’Shevat celebrates the power of natural and human growth. It is with tree imagery in mind that we call the State of Israel ‘reshit tzmichat g’eulateinu/the beginning of the flowering of our redemption.’ We contribute to that flowering every time we plant a tree in Israel through JNF. It’s especially nice to plant a tree in memory of someone who has nurtured life in us. And, it’s wonderful to affirm our dreams for our young seedlings by planting trees in their honor.



Through our loving and dedicated efforts, Israel can grow like the tamar. For each tree we plant, we bring new life and we plant hope.



With thanks to Rabbi Jay Rosenbaum, Congregation Herzl-Ner Tamid, Mercer Island , Washington .







OR LA YEHUDIM SHEVAT 5769

(A Light to Our Fellow Jews in the Month of Shevat)



ONE GOD WHOM WE LOVE AND SERVE



Exactly 66 years ago, on February 3rd, 1943, four chaplains -- a Catholic, a Jew, a Methodist and the fourth from the Reformed Church in America -- gave their life jackets to others as their torpedoed troopship sank into the icy waters of the North Atlantic. They were last seen helping others into life rafts and then arm-in-arm, they bowed their heads in prayer as they slipped beneath the waves. The following article pursuant to this act of heroism is taken from Religion in American Life Update:



“In the icy dawn of February 3, 1943, the U.S.A.T. Dorchester, an old ship hastily pressed into service as troop transport was pushing through North Atlantic waters with 902 American servicemen aboard bound for Greenland . She was close enough to her destination that her convoy had left her. But, she did not make it. A Nazi submarine had been stalking her undetected and now, with the convoy gone, sent a torpedo slithering through the murky waters straight for the old ship’s flank. The deadly missile struck midships and exploded in the boiler room. Jolted from their bunks, sleepy soldiers and sailors clambered to reach the decks of the stricken ship. On deck, amid the confusion and terror, four U.S. Army chaplains were moving about calming frightened men, directing bewildered soldiers to lifeboats, and distributing life jackets with calm precision. The supply of life jackets was soon exhausted, but four young soldiers stood waiting. They were afraid and they had no lifejackets. Quickly the chaplains stripped off their own and forced them upon the young soldiers. The four men of God had given away their only means of saving themselves in order to save others. What is especially beautiful about this epic of heroism is that these chaplains were of different faiths. Clark V. Poling and George L. Fox were Protestant ministers, John P. Washington was a Roman Catholic priest, and Alexander D. Goode was a rabbi. Yet, in that moment of decision, none of them paused to ask the young soldiers, “Are you a Protestant?, Are you Catholic? Are You A Jew?” It did not matter. Before them stood four human beings in desperate need and they all had committed themselves to serve God and their own fellow men. Men rowing away from the stricken ship in lifeboats saw the four chaplains clinging to each other on the slanting deck. Their arms were linked together and their heads were bowed. They were praying to the one God whom each of them loved and served – the God of all creation.”



May their memories be for an everlasting blessing.







ACT AS A JEW TO IMPROVE THE WORLD







THE JEWISH APPROACH TO ENVIRONMENTALISM

Coalition on the Environment and Jewish Life



Wouldn’t you know that Al Gore was one of the catalysts for getting the Jewish environmental movement started? Seriously, it is true. In the spring of 1992 at the invitation of Al Gore and Carl Sagan, the leadership of the major organizations in American Jewish life – rabbis, denominational presidents, and Jewish U.S. senators – gathered in Washington , D.C. to discuss the creation of a Jewish response to the mounting environmental crisis. The attendees at this meeting agreed that the Jewish community had a responsibility to address the crisis.



In 1993, the Coalition on the Environment and Jewish Life (COEJL) was created and charged with catalyzing a distinctively Jewish programming and policy response to the environmental crisis. COEJL was initially envisioned as a time-limited project to jump-start environmental programs that would become permanently integrated into Jewish institutions.



Since its inception, COEJL has recruited, educated, and mobilized an activist Jewish constituency for environmental protection and earned a reputation among members of Congress, environmental leaders and the press as an effective environmental organization. And COEJL has advocated legislative action to address the effects of pollution on public health, global climate change, and the destruction of wildlife habitat on behalf of 19 national Jewish organizations. The Jewish community is very effective at advocacy, having made significant contributions to social causes – far disproportionate to its size – on labor, civil rights, gender equality and other issues. Jewish communities have the potential to mobilize effectively to advance environmental protection.



COEJL’s message is unique. Along with partners from other faith communities, COEJL cuts through the familiar technical arguments to clarify the values at stake in environmental policy. COEJL seeks to expand the contemporary understanding of such Jewish values as tikkun olam (repairing the world) and tzedek (justice) to include the protection of our world from environmental degradation. COEJL seeks to extend such traditions as social action and gemilut chasadim (performing deeds of loving-kindness) to environmental action and advocacy. And shalom (Peace or wholeness), which is at the very core of Jewish aspirations, is in its full sense harmony in all creation.



COEJL offers many ways for individuals to take action to care for our environment, starting in our own homes and extending into the greater world around us.



COEJL’s “Top Ten” ways to address global warming are listed below and are recommended as a starting point for those who want to make a difference in the environment. Visit their website (www.coejl.org) for more information about this important organization.



Top Ten Ways to Address Global Warming



You can help slow global warming – and save money over the long term – by reducing your household use of energy. Here are some ideas:



1. Walk, bike, take the bus, ride the train.
2. When purchasing your next vehicle, select the most fuel-efficient model possible. The Union of Concerned Scientists’ website is one place to start your research on fuel efficiently.
3. Look for the “Energy-Star” label on appliances, indicating certification as a highly energy efficient product.
4. Use compact fluorescent light bulbs, which use much less energy than conventional light bulbs while providing a high quality light.
5. Insulate your home, tune up your furnace, install a programmable thermostat, keep the thermostat low.
6. Plant trees to provide shade while absorbing carbon dioxide. Check with a local nursery about appropriate native trees for your area.
7. Buy products in reusable or recyclable packaging. Recycle all newsprint, cardboard, glass and metal.
8. Organize energy conservation programs in schools, synagogues, and other community institutions.
9. Advocate for strong governmental action to reduce carbon emissions including mass transit, stricter vehicle emissions standards, and energy smart community planning. Sign up with COEJL and receive and act of mission alerts.
10. Invest in companies that provide clean energy and divest from environmentally destructive companies. Contact the Social Investment Forum (www.socialinvest.org) for more information.







LIVE THE JEWISH CALENDAR





TU B’SHEVAT: CELEBRATING NATURE’S BOUNTY

February 9, 2009



The Mishnah identifies four different “New Years”. One of these is Tu B’Shevat, the New Year for Trees, which (according to Bet Hillel) occurs on the 15th day of the Hebrew month of Shevat. The significance of the holiday, and the ways in which it is celebrated, have differed from place to place and from one generation to another. Today, the holiday is widely viewed as an opportunity to enhance environmental awareness.



In Israel , Tu B’Shevat is an agricultural festival, originally bound up with the practice of “tithing,” or “taxing,” the produce of the land. Under this system, farmers were expected to contribute one tenth of the fruit their trees produced each year, for the benefit of the Temple in Jerusalem . Since most of the seasonal rainfall has occurred by this date, it was determined that any fruit blossoms appearing after the cut-off date would be counted against the next growing season for purposes of tithing.



With the destruction of the Temple came new ways to observe this special day. The Middle Ages saw the creation of the Tu B’Shevat Seder, a somewhat mystical event in which the seven main crops mentioned in the Torah (grapes, barley, figs, dates, wheat, olives, and pomegranates) were consumed by participants. The first such Seder was held in Tzfat/Safed in the sixteenth century. Today, non-mystical versions of the ceremony emphasize our relationship to the environment.



Planting trees has been another way in which those living in Israel observe the holiday of Tu B’Shevat. Indeed schoolchildren in Israel celebrate the holiday with festive singing and tree planting ceremonies. The holiday took on added significance with the founding of the modern state, signifying the revival and redemption of the land through conquest of the desert.



The Tradition Continues

While Jews living in North American may have some trouble relating to the agricultural aspect of the holiday – since Tu B’Shevat falls during our coldest, rainiest season – we can still mark the day by consuming fruit and other products (e.g., wine) made in Israel. Tu B’Shevat Sedarim are increasingly popular. How much fruit to eat – and which varieties to include – vary widely. Some people eat three types of fruit – fruit with an inedible outer peel, fruit with a pit, and fruit which is edible inside and out. This reflects a mystical tradition in which each type of fruit represents a particular level of creation.



Some people use the opportunity to eat a new fruit, in order to include the sheheheyanu blessing in the ceremony. Many also drink four cups of wine, ranging in color from light to dark. In Ashkenazic communities in Europe , it was customary to eat fifteen different types of fruit, reflecting the fact that the Seder was held on the fifteenth of the month. In Sephardic communities, the holiday took on greater significance, generating additional liturgy as well as new customs.



A variety of Haggadot have been created for the occasion, including appropriate verses from the Bible or Talmud about each fruit eaten as well as reading on bal tash’hit, our obligation not to be unnecessarily wasteful or to needlessly destroy natural resources.



Celebrating the Environment

Tu B’Shevat provides a wonderful opportunity to reflect on and teach others about our responsibility to the environment. Some communities have used the occasion of Tu B’Shevat to organize local park clearings and tree plantings. While Jews living in the Diaspora can certainly plant trees in their own neighborhood, they can also use this opportunity to plant trees in Israel through the Jewish National Fund. Communities have used the holiday to launch letter-writing campaigns to protect forests and oppose pollution.



Protecting the Environment

For a listing of Jewish sources on this topic, see “Judaism and the Environment,” a publication of the United Synagogue/Rabbinical Assembly Joint Commission on Social Action.



An environmental handbook published by the United Synagogue Department of Youth Activities lists 130 things one can do to help the environment. Let Tu B’Shevat inspire you to put these ideas into practice.



Written by Lois Goldrich, Former Director, USCJ Department of Public Affairs





EATING AND BEING A JEW



In honor of Tu B’Shevat: lots of Israeli wine and products of Israel : dates, olives, figs, nuts, carob, pomegranates, and dried fruit. Supporting the Israeli economy is a vital way of showing our love and commitment.





LEARNING AS A JEW



THE STUDY OF THE SHMA

(with emphasis on the first section)



The Shma contains the essence of the Jewish faith to such a degree that hundreds of thousands of martyrs courageously met death with the words of the Shma on their lips.



The Shma contains three sections taken from the Torah.



The first section, Deuteronomy 6:4-9 begins with the declaration, “Hear O Israel, the Lord our God, the Lord is One.” We are then told that our relationship to God should be based on love, and because of this love, we should fulfill His will. It is also our responsibility to transmit this faith by teaching our children the ways of God. As a reminder of our duties as Jews, we are commanded to put on tefillin and place mezuzot on our doorposts.



The second section, Deuteronomy 11:13-21, contains the assurance of a fulfilled and contented life if we observe the teachings of God as expressed in the Torah. It we do not observe His teachings, then we shall suffer exile and not be fulfilled and contented. Again in this section, we are reminded of our obligation to keep God’s teachings alive by instructing our children and, through tefillin and mezuzah, remembering that we are Jews.



The third section, Numbers 15:37-41, instructs us about the tzitzit which are worn to remind us to observe the 613 mitzvot of the Torah. It is through the observance of the Torah that we are aware of our relationship to the God who brought our people forth from bondage, made us His people, and in turn we accept His sovereignty.



Based on the words, “When you lie down and when you rise up,” the Shma is recited twice every day – in the evening and in the morning.



In the first section, we recite the phrase, “And you shall love the Lord you God with all your heart, and with all your soul, and with all your might.”



How does one love God? It is difficult to love a stranger! However, it is not difficult to love someone who is close to you, someone who loves you, who has been watching over you.



Loving God is loving One who is very close to you. It means remembering that you owe everything to God: life, health, parents, home, the ability to use your mind, the world in which you live – everything is a gift from God. If you consider that God owes you nothing and that He has given you everything because “He is good to all,” then it is not too difficult to love Him. The teaching to love God means an obligation on your part to reflect upon God’s kindness to man.



The word Shma does not mean to hear, but in a deeper sense it means to understand. The more we think about God’s kindness to us, the better we understand it and the greater our love is for Him.



Loving God means that we must be eager to do all that God has commanded us to do. In doing God’s will, we make God beloved by others through our own example.



To love God with all your heart is to understand that the heart is the symbol for a person’s impulses. Every person is surrounded by two impulses, the yetzer tov, the good inclination, and the yetzer ra, the evil inclination. By recognizing that in doing good we defeat evil, we show our love for God. On the other hand, in doing evil, we reject God. God, in his love for humanity, gave us the ability to develop the goodness of our hearts by using our minds to decide wisely.



Loving God with all your soul is an extension of loving God with all your heart. The Hebrew word nefesh also means life. If we must choose between a Godly life and a Godless life, then we are instructed to choose a Godly life, even to being prepared to giving up life itself. To countless Jews throughout Jewish history, these words were very real. From the Babylonian exile to our own time, Jews willingly chose torture, deprivation and death rather than live a Godless life. Millions of Jews died “Al Kiddush Hashem”, for the sanctification of God’s name.



To love God with all your might means to be ready, if necessary, to put all of our worldly possessions at the disposal of bringing God’s will to fulfillment. It may mean sacrificing the pursuit of material things in order to pursue a Godly life. The love of God must be greater than the love of wealth, possessions or momentary pleasures.



We also learn, “You shall teach them diligently to your children and speak of them when you sit in your house, and when you walk on the way, and when you lie down, and when you rise up.” This teaching contains a basic foundation of Judaism’s survival: the education of our young people. Educators believe that the best time to begin teaching about a way of life is at an early age. Thus, from infancy one becomes imbued with the teachings and values of Jewish life. Judaism is more than a religious relationship between a person and God. It is a way of existence from each one at home and in public, in joy and in sorrow, in sickness and in good health. It is a way in which people relate and interact with one another. The Torah is the source and guide for Jews in living a good and beneficial life. Such a life teaching must begin at an early age.



We are further taught in the first section of the Shma, “And you shall bind them for a sign upon your hand, and they shall be for frontlets between your eyes.” This teaching refers to the mitzvah of tefillin.



There are three parts to putting on tefillin. The first is placing the tefilla of the hand on the left arm with the bayit (box) containing the parchment scroll pointing toward the heart. It serves as a reminder that we do many things with our hands during the day. We should, at the very beginning of our daily activities, pledge to use our hands to do only good.



The second part of putting on tefillin is to place the tefilla of the head on one’s head. In doing this we should concentrate on the thought that, while our deed should be beneficial towards all with whom we come in contact, our thoughts must also be good and kind. Before acting, we should think through the consequences of what we do.



Finally, we wind the leather straps for the tefilla of the hand around our middle finger and form the letter shin over the top of the palm, forming the first letter in one of God’s names – Sha-dai. This symbolizes our love for God and recognizes His bond of affection for us.



The wearing of tefillin should inspire us to serve God with our heart, hands and head with sincerity, deed and intelligence.



The last teaching in the first section of the Shma is to “write them upon the door posts of your house and upon your gates.” This refers to putting mezuzot on the door posts of our home. The mezuzah is the symbol that the home is a Jewish home, dedicated to the service of God and to the moral and ethical values of Judaism.



When entering or leaving the house, the mezuzah reminds us that we are Jews and that we must live up to the godly ideals taught in the Torah and meant by the declaration of the Shma.







PERPETUATING JEWISH LIFE

WHAT DOES HALAKHAH SAY ABOUT ORGAN DONATION?



Transplant surgery is one of the wonders of modern medicine. Persons who, in the past, would have died because of the failure of their hearts, livers or kidneys can now have years added to their lives. Persons who would have been condemned to blindness can now have the gift of sight. Horribly disfigured burn victims can begin the return to a normal and productive life with the aid of skin grafts. The tragic death of one person can give life and hope to as many as eight people. At one time, heart transplant surgery had such a low probability of success that Rav Moshe Feinstein ruled that removal of the diseased heart constituted murder of the recipient; it was more likely that the recipient would live longer with the bad heart than with its replacement! Today, with the development of improved surgical techniques and anti-rejection drugs, the prospects of at least some degree of success are quite high.



In spite of the tremendous good that organ donation can accomplish, relatively few people – Jews or non-Jews – sign up to be potential donors. A variety of reasons are given for their reluctance. Some do not want to contemplate their mortality. Others are afraid their organs will be harvested prior to their deaths. There is also a fear that organ donors who have not yet died will not receive full medical treatment since there may be a greater benefit in their passing away. Still others find the disfigurement and mutilation of their bodies or those of their loved ones repugnant. Whatever the reason, there is an acute shortage of organs; the demand far outstrips the supply. Because of the great value Judaism places on the saving of a life – “He who saves a single [Jewish] life is as if he saved an entire world” – it would appear that organ donation ought to be encouraged, provided the procedure does not otherwise entail violations of halakhah. To the extent such donation is halakhically permissible, the unease and discomfort the family might feel at the dissection of their loved one’s body should be overridden by the value of pikuach nefesh (saving a life) and by contemplating the great spiritual merit that would accrue to the deceased, whose generosity has enabled others to live. Conversely, to the extent halakhah prohibits the choice, our feelings of sympathy for those in need of a transplant would simply be immaterial. The commands of God cannot be set aside because others or we perceive them as inhumane or politically incorrect.



Organs and tissues can be removed at any one of four points – and each point has its own problems:



1. Removal of organs from persons clinically diagnosed as being brain dead but whose hearts are still beating;
2. Removal of organs from donors whose hearts have stopped beating;
3. Removal of organs and tissues from cadavers;
4. Removal of organs or organ parts from live donors.



This article is designed solely to familiarize the reader with the general concepts that are relevant to the problem. In determining what to do in any of these situations, one should consult a rabbi for halakhic guidance.



I. Donations from Brain-Dead Donors

The traditional legal definition of “death” was irreversible cessation of respiratory and circulatory functions, i.e., a person could not be declared dead until there was both cessation of breathing and circulation of blood as evidenced by the absence of a heartbeat and pulse. This definition would make transplants extremely difficult since organs deteriorate rapidly once they are cut off from a blood supply (warm ischemia). Accordingly, American law in all fifty states now recognizes the concept of “brain death” (called “brain-stem death or “whole brain death”) which means a person can be dead if neurological tests confirm total cessation of brain function (including a brain-stem function such as respiration) even if, as a result of mechanically supplied oxygen, the heart continues to beat and blood continues to circulate. (It must, of course, be emphasized that even under the brain-death criteria, persons who lack higher mental functioning, such as those in a coma or in the persistent vegetative state, are unequivocally alive and therefore, their organs cannot be used).



Whether halakhah allows a determination of death to be made based on clinical brain-death criteria is a matter of sharp debate among Torah scholars. Some analogize brain death to anatomical decapitation, which is unequivocally deemed “death”; others assert that while true destruction of the brain would be equivalent to death, clinical tests do not unequivocally establish such destruction; still others rule that as long as the heart is beating, the person is alive irrespective of the brain, and a final group asserts that a brain-dead patient may have the status of a safek met—safek goses (possibly dead, but possibly alive, though death is deemed certain and relatively imminent). Although there may be no mitzvah to prolong the life of a goses, such a life cannot be terminated by affirmative action such as the removal of a vital organ. Moreover, the brain-death standard itself has recently been questioned by some neurologists.



The Israeli Chief Rabbinate has accepted brain-death criteria in allowing organ donation. Rabbi Dr. Moshe D. Tendler has argued that this is also the position of his revered father-in-law, Rav Moshe Feinstein. Many posekim, Jewish legal experts, however, differ.



If brain death is not halakhic death, removal of the organs is murder. If brain death is halakhic death, failure to remove the organs could indirectly condemn people who could otherwise be saved to die. This is the single most difficult problem in the organ donation process. It is essential that one consult with a Jewish legal expert before making a decision to donate one’s organs.



In the long term, this may be a diminishing problem. As superior methods of preserving organs are developed, removal could be deferred until cardiac death as well as cessation of brain function is established. The increased utilization of artificial organs, possibilities of transgenic transplants (i.e., from animals) as well as stem cell research and therapeutic cloning may eliminate the need to rely on human donors and would not only resolve the brain-death quandary but would also greatly enhance the organ supply.



II. Donation from Non-Heart Beating Donors

From a medical standpoint, brain-dead donors whose hearts are beating due to mechanically supplied oxygen are optimal sources of organs because the organs are supplied with oxygenated blood, and thus they do not deteriorate even after the patient is declared “dead.” The vast majority of heart, liver and lung transplants are taken from clinically brain-dead donors. However, in order to partially alleviate the severe shortage of donors, some hospitals have developed protocols enabling organ removal from persons whose hearts have stopped beating. To date, NHBD's (non-heart beating donors) have been utilized for liver, lung and kidney transplants (although not for heart transplants).



At first glance, the use of NHBD’s seems to avoid all the halakhic issues associated with brain death. If there is no heartbeat or circulation, there will be no respiratory activity (neither the brain nor the lungs can function unless they are supplied with blood). In the absence of both heartbeat and respiration, the donor would be deemed dead even under the strictest of halakhic criteria.



In reality, the use of NHBD’s raises ethical and halakhic issues of the first magnitude and essentially involves a prearranged death. Donors who are not brain dead (although they may be in a coma or a vegetative state) are disconnected from life-support (pursuant to the terms of a living will or the family’s consent or both. In some cases, the physicians wait no more than two minutes, determine there is no spontaneous heartbeat or respiration, declare the patient dead and proceed to remove organs. Because of warm ischemia, typically no more than two to five minutes can elapse from the time life-support is discontinued until the organs are harvested.



There are two distinct halakhic problems with this procedure. First, the withdrawal of life-support from a non-brain-dead patient may in itself be an act of murder or at least a violation of the commandment, “Lo ta’amod al dam rayecha,” “Do not stand idly by while your neighbor’s blood is shed” (Lev. 19:16), and therefore neither a living will nor family consent could authorize such discontinuation. Second, even if one concedes that withdrawal or discontinuation of life-support may be halakhically sanctioned as an “omission” rather than an affirmative act of murder, the removal of organs within two minutes of disconnection would in itself be an act of murder. Cessation of respiration and heartbeat constitutes “death” only when that cessation is irreversible. If the patient is capable of having breathing and heartbeat restored, the patient is not dead even during the period of time he is not breathing. Since within two to three minutes there is still the possibility, albeit remote, of auto resuscitation (and certainly reconnection to life-support), and within that time the brain stem has not yet been destroyed, removal of the organs might actually be an overt act of homicide even according to those who regard brain-stem death as death. On the other hand, waiting until brain-stem destruction is irreversible would render the organs useless.



It thus appears to this writer that organ donation pursuant to the existing NHBD protocols is halakhically prohibited. (Note, however, that only three percent of transplants involve NHBD’s).



III. Donations from the Dead

Certain organs or body parts are retrievable from people who are clearly dead under all halakhic criteria, and there is no issue of retzichah (murder). These organs include skin and corneas.



Generally, Jewish law prohibits dissection of corpses, autopsies or the removal of body parts. This is considered a desecration of the dead (nivul hamet), a violation of the positive mitzvah of burial and a source of anguish and humiliation to the soul of the departed, which will be unable to find repose. Nevertheless, like virtually all of the other restrictions of the Torah, these prohibitions yield when their violation can save a life (pikuach nefesh).



General anatomical experimentation or “leaving one’s body to science” does not qualify as pikuach nefesh, even though information that could save a life in the long run might be obtained. At a minimum, there has to be a direct recipient. Although the Noda B’Yehudah implies that removal of organs would never be permitted unless there is a designated beneficiary at the time of the removal rather than someone who materializes at a later date, it has been convincingly argued that as long as the probability is strong that a choleh (sick person) will receive the organ, it is immaterial whether he was specifically identified at the time of the removal or not. The key factor is that the organ be used for the choleh rather than for general experimentation or educational purposes.



Assuming that pikuach nefesh will furnish the appropriate halakhic justification for organ removal, three issues remain to be considered:



1. Is there an obligation on a donor to authorize the removal of his organs after his death? Once a person is dead he is exempt from mitzvot. Does the family have an obligation to use organs without the decedent’s consent? What about over his objection?
2. Can organs be donated to non-Jews?
3. What is pikuach nefesh? Cornea transplants can prevent blindness but a person can live without sight. Similarly, skin grafts are not always essential for survival. In cases where the recipient can survive without the organ, would there not be a prohibition of nivul hamet?



Posekim, Torah halakhahic scholars, have generally been lenient in this regard, but each proposed use must be considered on its merits.



IV. Live Donors

Organ donations are not only from the dead or the near dead. Live donors can contribute as well. Since human beings can live with one kidney, one can donate a second kidney while alive. Moreover, because a liver can regenerate with as little as twenty percent of its original tissue, a live donor can contribute parts of a liver as well. While donations from live donors do not involve issues of nivul hamet or potential retzichah, they too pose halakhic issues.



* Self-Endangerment: Even partial removal of an organ poses potential serious risks and constitutes placing oneself into safek sakkanah (potential danger to life). This is true both because of the potential strain on the reduced capacity that is left and because of the risks associated with general anesthesia and surgery. As a general rule, the Torah does not permit a person to place him/herself into a situation of sakkanah. On the other hand, the person who needs the organ is also in sakkanah, and there is a mitzvah of lo ta’amod al dam rayecha. Indeed the risk to the patient if he/she doesn’t get an organ is likely to be much greater than that to the donor who provides one.



Am I permitted, or even obligated, to put myself at mortal risk in order to potentially save the life of another? There is a machloket (controversy) among the Torah scholars regarding the matter. The Talmud Yerushalmi states that one is obligated to place one’s self in potential sakkanah in order to save someone who is presently in definite sakkanah, but such a ruling is not explicitly cited in the more authoritative Talmud Bavli.



The consensus appears to be that one is not obligated to put oneself in potential sakkanah to save another, but to do so is laudable and meritorious, particularly if the danger to the rescuer is relatively slight and commensurate to other risks that one commonly assumes (e.g., driving, flying, etc). Thus live organ donations can never be compelled or demanded, but only requested as an act of gemilut hasadim (loving kindness) and midat haslidut (piety).



· Informed Consent: Since one is not obligated to donate organs, they can be removed only with the person’s consent. Obviously live organ removal cannot be sanctioned by someone who is mentally incompetent, comatose or in a persistent vegetative state. Whether organs can be removed once there is a diagnosis of clinical brain death depends on whether halakhah accepts “brain death” as “death”. But this would also mean that even a consenting minor could not authorize removal of his organs. Consider the case of an adolescent who needs a kidney transplant and the only suitable donor is a younger sibling who has not yet reached bat/bar mitzvah. Both the younger sibling and parents want the removal of the extra kidney for transplantation. Nevertheless, given the reality that this would pose a sakkanah to the younger child and that he/she could not be obligated to place him/herself in danger, some would not allow the donation even if the minor consents. Nor could the parents consent on the child’s behalf. The parents’ right to make medical decisions for their child is limited to decisions that benefit the child. A parent is not authorized to endanger one child in order to save another.



This should not be confused with the well-known Ayala case. Ten years ago, a young woman needed a bone marrow transplant. There was no suitable donor in the registry nor were her parents compatible donors. The parents decided to try to conceive a child (even though this necessitated the reversal of a vasectomy) on the chance that the child might be the proper genetic match. Happily, that was the case; marrow was withdrawn from the baby shortly after birth and, over a decade later, both sisters are doing fine. While ethicists debated the propriety of conceiving a child for the purpose of providing marrow to another child, Jewish law has no problem with the fact that there was an ulterior motive in conceiving the child. After all, baby Marissa was loved and cherished in her own right, and “using” her for a mitzvah only enhanced the family’s joy. Nor is there any problem with the baby’s inability to give consent. Consent is required only when the procedure in question carries risks of endangerment or severe pain; removal of bone marrow does not.



V. Receiving Organs.

If a Jew needs a vital organ, is he/she allowed to place him/herself on a recipient list and thereby be eligible to receive the necessary organ if a compatible donor is found? There are essentially two halakhic issues:

1. deriving benefit from a cadaver

2. being an accessory to, or the facilitator of, the illicit termination of a life.



§ Benefit from a Cadaver: it is forbidden to derive benefit (hana’ah) from a met. Nevertheless, it would appear that this rarely, if ever, would pose a significant halakhic impediment. First, to the extent a transplant is necessary for pikuach nefesh, it is amply clear that the prohibition against hana’ah would be superseded. Even corneal transplants have been validated because of the potential life-threatening dangers of blindness -- even in one eye. Second, the late Rabbi Isser Yehuda Unterman, a former chief rabbi of Israel , ruled that since the derived benefit from the organ occurs when it is attached to a living body and begins to function, “benefit,” as such, is not derived from that which is dead but from tissue that is alive. Third, there are some views that permit even direct benefit from a corpse that is of non-Jewish origin and, in the absence of evidence to the contrary, at least in the United States , one can assume that the organs received are from non-Jews.



§ Facilitating Murder: The second issue is more troubling. To the extent that one takes the position that clinical brain death is not halakhic death and the removal of organs from a brain-dead donor is murder, is a patient allowed to receive the product of an illicit, immoral act? Once again, while there are dissenting voices, the majority have permitted such receipt. It is true that just as it is prohibited to kill, it is prohibited to indirectly cause the death of another. However, there is no causal link between putting one’s name on an organ list and a donor’s death. Given the realities that the demand for organs outstrips the supply, and even if a given individual takes his/her name off the list, the organ will be removed anyway, so a decision to participate does not cause or facilitate a death that would otherwise not occur. If the death will occur with or without a given recipient’s participation, there is no exclusionary principle that would prohibit benefiting from the transgression after the fact.



Although God is the ultimate source of all healing, we are commanded to do what we can to alleviate illness, misery and suffering. The concept that human intervention via new technologies somehow constitutes an impermissible usurpation of Divine prerogatives is foreign to the spirit of the Torah, which sees mankind as God’s collaborator in tikkun olam. Nevertheless, the license granted to mankind must be exercised pursuant to the limitations and conditions imposed by its Grantor. These limitations can be ascertained only through the wisdom and guidance of scholars. May we have the wisdom to seek and follow their directives.



Rabbi Yitzchak Berkowitz is the rabbi of the Woodside Synagogue in Silver Spring , MD , and an associate professor of law at the University of Maryland .



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