Organ Harvesting & Donation in Judaism

Concerning the matter itself, it is taught in a baraita: From where is it derived that one who sees another drowning in a river, or being dragged away by a wild animal, or being attacked by bandits, is obligated to save him? The verse states: “You shall not stand idly by the blood of another” (Leviticus 19:16).

The Gemara asks about this derivation: But is this really derived from here? It is derived from there: from where is it derived that one must help his neighbor who may suffer the loss of his body or his health? The verse states: “And you shall restore it [vahashevato] to him [lo]” (Deuteronomy 22:2).

The Gemara answers: If this halakha were derived only from there, I would say that this matter applies only to saving the person in danger by himself. But to trouble himself and hire workers one might say that he is not obligated, so it teaches us otherwise.

Question: What do these passages mean and how do they relate to each other?

Leviticus 19:16

(16) Do not deal basely with your countrymen. Do not profit by the blood of your fellow: I am the LORD.

Question: Why do you think this passage is relevant to the overall argument of organ donation in Judaism?

Mishnah Sanhedrin 4:5

(5) "It was for this reason that man was first created as one person [Adam], to teach you that anyone who destroys a life is considered by Scripture to have destroyed an entire world; and anyone who saves a life is as if he saved an entire world."

Question: How does this passage relate to the argument of organ harvesting and donation? How does it support or oppose the argument?

Contemporary Halakhic Problems, Vol II, Part II, Chapter X Entebbe 6

The question of whether or not one must risk one's life in order to save the life of another is the subject of considerable disagreement. R. Joseph Karo, Kesef Mishneh, Hilkhot Rozeaḥ 1:14, and Bet Yosef, Hoshen Mishpat 426, cites Hagahot Maimuniyot who, in turn, bases himself upon a statement found in the Palestinian Talmud and declares that one is indeed obligated to assume such a risk. Bet Yosef explains that if the impending loss of life is certain, while the danger to the would-be rescuer is doubtful, the "certainty" of one's fellow takes precedence over the "doubtful" loss of one's own life. On the other hand, Issur ve-Hetter 59:38 declares that no person is obligated to place himself at risk in order to save the life of another. Sema, Hoshen Mishpat 426:2, notes that no such obligation is recorded by any early authority. A similar ruling was issued by R. David ibn Zimra, Teshuvot Radbaz, III, no. 625. The question submitted to Radbaz involved a situation in which a feudal despot demanded of a Jew that he permit one of his limbs to be cut off and threatened that, should permission to do so not be forthcoming, a fellow Jew would be put to death. Radbaz answered²This is in opposition to the view of Teshuvot Maharam Recanati, no. 480. that compliance with this cruel request would constitute an act of piety, but that there exists no obligation to do so, particularly since the amputation of a limb may lead to death. In situations where there exists a significant hazard to the life of the would-be rescuer, Radbaz speaks of one who assumes such risk as a "pious fool." In such cases the applicable consideration is, "How do you know that the blood of your fellow is sweeter than your blood?" a variation of the talmudic dictum which prohibits the taking of the life of one's fellow in order to save one's own life.

Question: Based on the question posed; "How do you know that the blood of your fellow is sweeter than your blood?" What answer would you offer up in response to reading the text?

Agudath Israel has published a template for a "Halachic Living Will," which includes the following text: "Subject to certain limited exceptions, Jewish law generally prohibits the performance of any autopsy or dissection. It is my wish that Jewish law and custom be followed with respect to such procedures, and with respect to all other post-mortem matters, including the removal and usage of any of my body organs or tissue for transplantation or any other purposes."
Writing in the Forward, Elaine Berg of the New York Organ Donor Network, quotes Rabbi Moshe Tendier, a professor of medical ethics at Yeshiva University. "The often-repeated query, 'Is it really permissible to desecrate the dead by removing their organs?' is answered by the undisputed affirmation that the saving of a life takes precedence over all other ritual concerns."
Citation:
Mietkiewicz, M. (2009, Oct 22). Judaism & Organ Donation. Canadian Jewish News Retrieved from https://colorado.idm.oclc.org/login?url=https://search-proquest-com.colorado.idm.oclc.org/docview/351465878?accountid=14503

Question: What are some similarities and differences between the views of old Judaism and new Judaism on this topic?

"How Far Will You Go to Give?: Judaism and Organ Donation"
Watch 2:45 - 7:00

Question: Does your point of view on organ harvesting and donation change based on what Rabbi Shmuly Yanklowitz discusses?