Israel’s Brain-Respiratory Death Law established some very explicit rules to insure that organ donation and transplant are carried out according to halacha.
Requirements include:
- Brain death has to be confirmed by 2 separate physicians, both of whom must have special qualification and training in making these decisions.
- An objective machine test must show the absence of brain activity – for example, an EEG (electroencephalogram).
- Uniform standards and practices must be implemented and followed throughout the country.
- A Supervisory Control Committee was established to review each case.
In 2009, the Chief Rabbinate confirmed that the Brain-Respiratory Death Law is in accordance with halacha, permitting organ donation.
However, there are still some rabbinic authorities who do not accept this ruling. In general, it’s not that they oppose organ donation in principle. They acknowledge that organ donation saves lives and is permissible. But they disagree on the definition of the timing of death. (See Remaining Controversies).
In fact, many of these same rabbis support and even encourage living donation – where healthy individuals donate one of their kidneys to someone in need. And they consider that act a great mitvah. (See Living Donations).
Other Provisions of the Law
Additional legal provisions include the following:
- Organ trafficking, and the buying and selling of organs, is prohibited. This is in line with similar regulations in the United States, Canada, England, Spain, Belgium and many other countries.
- People who sign up as organ donors receive priority on the waiting list if they are ever in need of a transplant themselves. The same applies to families who have donated organs of their deceased loved ones.
- Living donors can receive financial reimbursement for medical expenses and lost time at work due to the donation.
- Patients who go abroad to receive transplants can not be reimbursed by health insurance plans.
(Source: https://www.adi.gov.il/en/position-of-the-halacha )