בְּזֵעַ֤ת אַפֶּ֙יךָ֙ תֹּ֣אכַל לֶ֔חֶם עַ֤ד שֽׁוּבְךָ֙ אֶל־הָ֣אֲדָמָ֔ה כִּ֥י מִמֶּ֖נָּה לֻקָּ֑חְתָּ כִּֽי־עָפָ֣ר אַ֔תָּה וְאֶל־עָפָ֖ר תָּשֽׁוּב׃
(יט) בָּדְקוּ עַד חָטְמוֹ וְלֹא מָצְאוּ בּוֹ נְשָׁמָה מַנִּיחִין אוֹתוֹ שָׁם שֶׁכְּבָר מֵת. בָּדְקוּ וּמָצְאוּ עֶלְיוֹנִים מֵתִים לֹא יֹאמְרוּ כְּבָר מֵתוּ תַּחְתּוֹנִים אֶלָּא מְפַקְּחִין עַל הַכּל שֶׁאֶפְשָׁר בְּמַפּלֶת שֶׁיָּמוּת הָעֶלְיוֹן וְיִהְיֶה הַתַּחְתּוֹן חַי:
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(ד) אֲפִלּוּ מְצָאוּהוּ מְרֻצָּץ, שֶׁאֵינוֹ יָכוֹל לִחְיוֹת אֶלָּא לְפִי שָׁעָה, מְפַקְּחִין וּבוֹדְקִים עַד חוֹטְמוֹ; אִם לֹא הִרְגִּישׁוּ בְּחוֹטְמוֹ חַיּוּת, אָז וַדַּאי מֵת לָא שְׁנָא פָּגְעוּ בְּרֹאשׁוֹ תְּחִלָּה, לָא שְׁנָא פָּגְעוּ בְּרַגְלָיו תְּחִלָּה.
Even if the victim was found so severely injured that he cannot live for more than a short while, one must probe [the debris) until one reaches his nose. If one cannot detect signs of respiration at the nose, then he is certainly dead whether the head was uncovered first or whether the feet were uncovered first
שו"ת חתם סופר, יו"ד, סי' של"ח
אבל כל שאחר שמוטל כאבן דומם, ואין בו שום דפיקה, ואם אח"כ בטל הנשימה, אין לנו אלא דברי תורתנו הקדושה, שהוא מת, ולא ילינו אותו, והמטמא לו, אם הוא כהן, לוקה אחר ההתראה"
Responsa - Hatam Sofer Yoreh Deah 338
But as long as he lies like an inanimate stone and has no pulse, if afterward breathing ceases, we have only the words of our holy Torah [to rely on and determine] that he is dead, and they shouldn’t leave his body overnight, and one who is defiled by it—if he is a kohein, he is liable for lashes if he is forewarned.
(ו) אָדָם אֵינוֹ מְטַמֵּא, עַד שֶׁתֵּצֵא נַפְשׁוֹ. וַאֲפִלּוּ מְגֻיָּד, וַאֲפִלּוּ גוֹסֵס. זוֹקֵק לַיִּבּוּם וּפוֹטֵר מִן הַיִּבּוּם, מַאֲכִיל בַּתְּרוּמָה וּפוֹסֵל בַּתְּרוּמָה. וְכֵן בְּהֵמָה וְחַיָּה אֵינָן מְטַמְּאִין, עַד שֶׁתֵּצֵא נַפְשָׁם. הֻתְּזוּ רָאשֵׁיהֶם, אַף עַל פִּי שֶׁמְּפַרְכְּסִים, טְמֵאִים, כְּגוֹן זָנָב שֶׁל לְטָאָה שֶׁהִיא מְפַרְכָּסֶת:
(6) A human does not impurify [others] until his life leaves him. And even someone dismembered or terminally ill, obligates in or exempts from levirate marriage, and qualifies or disqualifies one from eating Terumah [a portion of a crop given to a priest which becomes holy upon separation, and can only be consumed by priests or their household]. And so too domestic or wild animals do not impurify until their lives leave them. If their heads were cut off, even if they are convulsing, they impurify - like the tail of a lizard which convulses [after being cut off].
ראשיהן הותזו :If their heads – i.e. of people or an - mals – were cut off – even if still attached to the body by the skin (Rambam) – even if they were still convulsing, they are impure – as corpses or nevelahs, or dead sheratzim; the convulsion is viewed – like the tail of a lizard – after it is cut off – which convulses – quite actively for some time, although not alive.
ראשיהן הותזו :Their heads were separated from their bodies (decapitation). מפרכסין :מתבוססין (?) bodily movement after death is called פרכוס .The lizard (thought to be the newt) is known as אברץ אלסאה because this animal moves its tail for a short period of time after it is cut off. This happens to a few species of animals when their bodily movement is not controlled from one centralized source in the body and the limbs moves independently and separately from each other.
Do not deal basely with your countrymen. Do not profit by the blood of your fellow: I am the LORD.
If a man is guilty of a capital offense and is put to death, and you impale him on a stake, you must not let his corpse remain on the stake overnight, but must bury him the same day. For an impaled body is an affront to God: you shall not defile the land that the LORD your God is giving you to possess.
Jewish law (Halacha) is clear that saving a life (pikuach nefesh) is of the utmost importance and overrides just about every prohibition and commandment in Judaism (with the exceptions of murder, illicit sexual relations and idol worship).
There are three biblical prohibitions concerning a cadaver that would, at first blush, seem to indicate that organ donation should be forbidden. They are:
- Nivul Hamet, a biblical prohibition that forbids the needless mutilation of a cadaver. This prohibition is the basis for why autopsies are generally forbidden. But Jewish law does permit autopsies when the results of the autopsy have a real and immediate chance to save lives (Rabbi Yechezkel Landau, the former Chief Rabbi of Prague, in his Noda Beyehuda). Most Rabbis agree that Pikuach Nefesh, saving a life, is more important than the prohibition of Nivul Hamet. Organ transplant saves lives.
- Halanat Hamet, Deuteronomy 21:23, a biblical prohibition that forbids delaying burial of a body. All Rabbis agree that Pikuach Nefesh, saving a life, is more important than expedient burial. Organ transplant saves lives.
- Hana’at Hamet is a prohibition (some say biblical others say rabbinical) that forbids one from deriving any benefit from a dead body, such as selling it for medical research. All Rabbis agree that Pikuach Nefesh, saving a life, is more important than this prohibition. Organ transplant saves lives.
The above prohibitions afford respect and dignity to cadavers, for they once hosted life itself. In this context, it makes sense that all Rabbis agree that saving a life outweighs observing prohibitions concerning a cadaver because by saving a life one is giving utmost respect and dignity to the human body. As it is written in Jewish Law, “Save one life and it is as if you have saved the entire world,” Sanhedrin 4:5
