Israel has had an extremely low organ donation rate compared to other nations, even among the secular population.
- Israel – 31 donations per million
- United States – 90 per million *
Jewish Law and Organ Donation
There are many issues regarding organ donation and halacha (Jewish law). Two important questions for Jews are:
- Does halacha allow organ donation?
Most authorities say yes, because saving a life takes precedence over all other laws except three: idolatry, incest and shedding of blood. (See Halacha and Organ Donation)
- When does death occur?
This is a critical question when dealing with organ transplants, and is subject to ongoing discussions and disagreements.
Declaration of Death – Historical
There are several relevant discussions in the Talmud and other writings on this topic.
Traditionally, the consensus was that there were 3 necessary conditions for establishing death:
- The person is unconscious.
- They do not move their limbs.
- The organ whose activity defines life and death has completely and irreversibly ceased all activity.
However, controversy continued, centered around which organ or function determines halachic death. Historically, it was generally agreed to be the cessation of heartbeat and breathing.
But, as medical technology advanced, we gained the ability to artificially support a body’s breathing function with mechanical ventilation. And the heart, unless it’s seriously damaged, can continue to beat if it receives oxygen.
The question becomes – Is a person still alive if they can’t breath on their own? How do we make that determination? In many jurisdictions, “brain death” is one of the legally accepted criteria to declare a person dead. (The other is the traditional cardio-pulmonary standard – based on lack of heartbeat and breathing.)
What is Brain Death?
Brain death is the total, permanent, and irreversible loss of brain function, including involuntary activity necessary to sustain life (functions such as breathing, swallowing, and certain other reflexes).
This should not be confused with a coma or a persistent vegetative state, where a person is alive and some brain function remains.
(For a more in depth discussion, see Brain Death or Wikipedia.org/wiki/Brain_death)
Brain Death Is Halachic Death
In 1985, the Chief Rabbinate of Israel appointed a committee of rabbis and medical advisors to consider the issues surrounding organ donation, particularly the question of brain death.
That committee concluded, and the Rabbinate unanimously agreed, that under a strict set of conditions, brain death qualifies as halachic death. They stated that a person in which all the objective scientific conditions for determining total brain death are present, including, in particular, brain stem death, and total and irreversible absence of respiration, is dead for all intents and purposes.
Therefore, organ donation is permissible, but only if it is carried out in accordance with halachic law. (See Jewish Law & Brain Death and Requirements of the Law)
Although most authorities agree with this ruling, there continue to be some remaining controversies.
(* Reference: Times of Israel)