Can You Spare A Lung - A Gift For Life

Did you know that Jewish law frowns upon elective surgery? After all, as any doctor will tell you (or all those release forms will make you realize), there is no surgery that is totally risk-free.

However, the mitzvah of saving a life (pikuach nefesh) is so great that it precedes most other mitzvot. So what should one do if asked to donate a kidney or part of a liver -- both forms of transplant surgery that can save a life without necessarily threatening the donor’s life?

As organ transplant procedures only began to meet with regular success in the middle of the 20th century, this is a fairly recent question for Jewish law. After ascertaining that transplant surgeries have a low rate of danger to the donor, most Jewish legal authorities determined that such procedures, while voluntary, are permissible.

Since a transplant is only done in dire circumstances, usually to save a person’s life, does this mean that one would then be obligated to donate one’s organs? The answer to this question is “No.” While the medical statistics have shown that transplant procedures usually present low risk to donors, they are not risk free and Jewish law does not, and will not, require it.

On the other hand, post-mortem organ donations seem like a thoroughly altruistic act. However, from a Jewish perspective, there are certain other issues that must be taken into consideration:

1) Is the donor dead? This may seem like a bizarre question. But, by whose definition of death has the person been declared dead? Organs are often harvested from the “brain-dead” donor - when the donor’s brain shows no signs of activity - because many of the organs that are sought for donation must be removed from the donor while the heart is still pumping. Many Jewish authorities, however, define halachic death as cessation of heartbeat. According to these authorities, the doctor might be killing a living donor in order to harvest the organ.

2) How is the organ going to be used? If there is an immediate need for the organ to save a life, then there is no question that an organ may be used (assuming the donor is halachically deceased). Often, however, organs are harvested and kept for organ banks (waiting for a donor) or for research. This is problematic according to Jewish law, which normally requires the entire body to be buried.

Because of the complexity of these laws, it is suggested that those who wish to donate their organs should consult with their local rabbi or stipulate in their living will that, should such a situation occur, their rabbi must be consulted.

As this is a very important topic and can result in the saving of a life, Jewish Treats recommends that our readers seek more information through the websites of Halachic Organ Donor Society or Renewal.