Definition:

The removal of tissue from a person’s body for the purpose of transplantation into a living person to benefit the latter’s health situation

The issue of using the organs of a dead person to benefit a living person has arounsed controversy because it transgresses the laws which ban mutilation of a corpse and benefiting from a corpse (Babylonian Talmud Hullin 11b; Babylonian Talmud Avodah Zarah 29b). However, these objections are overridden by the principle that saving a person’s life takes precedence over all other commands except the prohibition against murder, incest or idolatry (Babylonian Talmud Pesachim 25a). An important caveat is that it is not permissible to save one person’s life at the expense of another person’s life. Thus it is essential to establish that the person donating the organ is dead before it is removed. As a result of medical advances, this means that not only has the heart stopped beating but also that brain death has occurred. It would be tantamount to murder to hasten the death of the donor or to ignore any possibility of a resuscitation. In view of these complexities, as well as the original objections, Orthodox authorities only permit organ transplants when there is a specific recipient who needs the organs immediately and who would otherwise die. However, because of modern methods of preserving organs and the ability to communicate world-wide, Reform synagogues permit taking organs for cases not known about at that moment but which are likely to arise (Assembly of Rabbis, 11th July 1962). The use of organs that are not necessary to save life but which can greatly improve the quality of life – such as the eyes for corneal transplanting – is also permitted. It is considered meritorious for those willing to donate organs after their death to carry donor cards so as to assist the procedure of saving the lives of others (Assembly of Rabbis, 16th November 1981). Where no record of a person’s wishes exists and their organs are required by the medical authorities, the next of kin have the right to permit it (Assembly of Rabbis, 27th May 1968)

A closely related subject is that of donating organs from a living person, such as a lung or bone marrow. This is permitted provided that it does not endanger the life of the donor. It should not be done for commercial reasons but sparingly, in limited circumstances, such as when a close relative is the recipient. Conversely it is permitted for a Jew to receive organs, whether from a Jew or non-Jew, that will enhance or save his/her life. The same permission applies to use of animal organs including non-kosher animals, such as transplanting a pig’s heart-valve into a human body. Whilst there might be an element of revulsion at the thought of having an animal organ inside a human being, the general principle of the overriding priority to save life applies. The use of animals also avoids all problems associated with human organs – mutilation, benefit and particularly that of ascertaining time of death.

Sources:

From Faith & Practice by Rabbi Jonathan Romain, pages 57-58

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