The Movement for Reform Judaism

Rabbi Dr. Jonathan Romain, new Chairman of the Assembly of Rabbis and Rabbi of Maidenhead Synagogue is a respected writer and broadcaster, frequently asked to comment on news issues on radio and television.

In a new feature he addresses your concerns, giving responses to modern issues and queries.

This week's topic: 'What does Jewish law say about donating organs ?'

There are two conflicting principles involved here. One is a traditional ban on mutilating a human body in any way or benefiting from a corpse (Talmud, Hullin 11b); the other is saving life (Talmud, Pesachim 25a). The former is the reason why, for instance, there is a reluctance to have an autopsy unless it is strictly necessary.
When there is a clash of principles, then one has to take precedence - a hierarchy of values. In this case, the saving of life is regarded as such a supreme value that it overrides other considerations, and so organ donations are permitted. Of course, the donor has to be certified as dead before any removal can occur, and death cannot be hastened to facilitate organ donation.

However, whereas all sections of Judaism agree up to this point, there are two major differences between Orthodox and Reform on the details. Orthodoxy will only permit organ donations that actually save life (such as a heart transplant), whereas Reform will permit non-essential organ donations, such as eyes for corneal transplanting.

The other distinction is that Orthodoxy will only allow a transplant if there is a particular person critically ill waiting at that precise time for an organ, whereas Reform will allow donations that are not needed that moment, but which are bound to be useful to someone in the near future and which can be kept in good condition until then. Thus, if a person with a healthy lungs or heart dies and it is known that the organs are just the sort that someone else is certain to need in due course, then there is no objection to them being taken.

Another aspect to this permissive stance is that those mourning for the loss of someone who has just died and whose organs are extracted - and often, but not always, it is a youngish person - can find some comfort in the fact that at least someone has benefited, that another life has been sustained and that another family is relieved rather than bereaved.

At the moment, English law states that organs can only be removed if the person has indicated beforehand that this is their wish or if a close relative gives such permission. (There are proposals by the British Medical Association to shift the burden of proof, so that organs can be taken by doctors without permission, unless there is a specific wish to the contrary, although this is only a suggestion, not current law). This means that if one is in favour of organ donation, it is very helpful for medical staff if you carry a donor card. It can also be very helpful for relatives to know what your wishes are, so that they are not faced with having to make a decision on your behalf after you have just died and when they are feeling distraught.

After the organs have been removed, the body is then prepared for burial or cremation in the normal way, and the usual funeral and mourning rites take place. If organ donation is your intention, then don't leave it as long to carry a card and inform close family as it took you to ask this question, for who knows what may happen tomorrow!

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Orthodox donation
written by a guest , November 22, 2007

The article states:

"Orthodoxy will only permit organ donations that actually save life (such as a heart transplant), whereas Reform will permit non-essential organ donations, such as eyes for corneal transplanting.
The other distinction is that Orthodoxy will only allow a transplant if there is a particular person critically ill waiting at that precise time for an organ"

Unfortunately, this is just not an accurate representation of Orthodoxy - in point of fact, Heart Transplant is one of the most complicated issues and is not straightforward for the Orthodox world.

Just look at the Halachic Organ Donor Society (www.hods.org). The complexity of the issues concerning when a donation can be made and what exactly can be donated is far more profound. I think it would be better in future, rather than trying to articulate a Reform position in relation to Orthodoxy, to just state the Reform position - unless accuracy can be assured. There are many opinions and positions set out and I feel that to make these bland statements does a disservice to Rabbi Romain's generally helpful writing and ignores the diversity of the community - Orthodox to Reform.