(יד) כָּל הַיָּכוֹל לְהַצִּיל וְלֹא הִצִּיל עוֹבֵר עַל (ויקרא יט טז) "לֹא תַעֲמֹד עַל דַּם רֵעֶךָ". וְכֵן הָרוֹאֶה אֶת חֲבֵרוֹ טוֹבֵעַ בַּיָּם. אוֹ לִסְטִים בָּאִים עָלָיו. אוֹ חַיָּה רָעָה בָּאָה עָלָיו. וְיָכוֹל לְהַצִּילוֹ הוּא בְּעַצְמוֹ. אוֹ שֶׁיִּשְׂכֹּר אֲחֵרִים לְהַצִּילוֹ וְלֹא הִצִּיל. אוֹ שֶׁשָּׁמַע עוֹבְדֵי כּוֹכָבִים אוֹ מוֹסְרִים מְחַשְּׁבִים עָלָיו רָעָה אוֹ טוֹמְנִין לוֹ פַּח וְלֹא גִּלָּה אֹזֶן חֲבֵרוֹ וְהוֹדִיעוֹ. אוֹ שֶׁיָּדַע בְּעַכּוּ''ם אוֹ בְּאוֹנֵס שֶׁהוּא בָּא עַל חֲבֵרוֹ וְיָכוֹל לְפַיְּסוֹ בִּגְלַל חֲבֵרוֹ לְהָסִיר מַה שֶּׁבְּלִבּוֹ וְלֹא פִּיְּסוֹ. וְכָל כַּיּוֹצֵא בִּדְבָרִים אֵלּוּ. הָעוֹשֶׂה אוֹתָם עוֹבֵר עַל לֹא תַעֲמֹד עַל דַּם רֵעֶךָ:
(14) Anyone who can save and does not save transgresses 'do not stand by the blood of your neighbour'. So too one who sees his friend drowning in the sea, bandits attacking him or a bad animal attacking him and he is able himself to save him or he could hire others to save him but he does not; one who hears idol worshippers or informers plotting harm for him or laying a trap for him and he doesn't tell his friend and inform him; or if he knows that an idol worshipper or a thug are on their way to his friend and he could appease them on behalf of his friend to change their intention and he doesn't appease him; and so too any similar case; One who does any of these transgresses 'do not stand idly by your neighbour's blood'.
(טו) הַמֵּת אֵינוֹ מְטַמֵּא עַד שֶׁתֵּצֵא נַפְשׁוֹ אֲפִלּוּ מְגֻיָּד אוֹ גּוֹסֵס. אֲפִלּוּ נִשְׁחֲטוּ בּוֹ שְׁנֵי הַסִּימָנִים אֵינוֹ מְטַמֵּא עַד שֶׁתֵּצֵא נַפְשׁוֹ שֶׁנֶּאֱמַר (במדבר יט יג) "בְּנֶפֶשׁ הָאָדָם אֲשֶׁר יָמוּת".
(15) A corpse does not impart impurity until its soul departs. Even if his veins are cut or he is about to die, even if his [trachea and esophagus] have been sliced, he does not impart impurity until his soul departs, as it is stated (Numbers 19:13), "with the soul of a man that dies."
(א) הַגּוֹסֵס, הֲרֵי הוּא כְּחַי לְכָל דְּבָרָיו. אֵין קוֹשְׁרִין לְחָיָיו, וְאֵין סָכִין אוֹתוֹ, וְאֵין מְדִיחִין אוֹתוֹ, וְאֵין פּוֹקְקִין אֶת נְקָבָיו, וְאֵין שׁוֹמְטִין הַכַּר מִתַּחְתָּיו, וְאֵין נוֹתְנִין אוֹתוֹ עַל גַּבֵּי חוֹל, וְלֹא עַל גַּבֵּי חַרְסִית וְלֹא עַל גַּבֵּי אֲדָמָה, וְאֵין נוֹתְנִין עַל כְּרֵסוֹ, לֹא קְעָרָה, וְלֹא מַגְרֵפָה, וְלֹא צְלוֹחִית שֶׁל מַיִם, וְלֹא גַּרְגִּיר שֶׁל מֶלַח, וְאֵין מַשְׁמִיעִין עָלָיו עֲיָרוֹת, וְאֵין שׂוֹכְרִין חֲלִילִין וּמְקוֹנְנוֹת, וְאֵין מְעַמְּצִין עֵינָיו עַד שֶׁתֵּצֵא נַפְשׁוֹ. וְכָל הַמְּעַמֵּץ עִם יְצִיאַת הַנֶּפֶשׁ, הֲרֵי זֶה שׁוֹפֵךְ דָּמִים. וְאֵין קוֹרְעִין, וְלֹא חוֹלְצִין, וְלֹא מַסְפִּידִין עָלָיו, וְלֹא מַכְנִיסִין עִמּוֹ אָרוֹן לַבַּיִת, עַד שֶׁיָּמוּת. וְאֵין פּוֹתְחִין עָלָיו בְּצִדּוּק הדִּין, עַד שֶׁתֵּצֵא נַפְשׁוֹ. הַגָּה: וְיֵשׁ אוֹמְרִים דְּאֵין חוֹצְבִין לוֹ קֶבֶר אַף עַל פִּי שֶׁאֵינוֹ עִמּוֹ בַּבַּיִת, עַד אַחַר שֶׁיָּמוּת (ריב''ש סִימָן קי''ד). אָסוּר לַחֲצֹב שׁוּם קֶבֶר לִהְיוֹת פָּתוּחַ עַד לְמָחָר שֶׁלֹּא יִקְבְּרוּ בּוֹ הַמֵּת בְּאוֹתוֹ הַיּוֹם, וְיֵשׁ סַכָּנָה בַּדָּבָר (רַבֵּנוּ יְרוּחָם בְּשֵׁם הר''י הֶחָסִיד זַ''ל). וְכֵן אָסוּר לִגְרֹם לַמֵּת שֶׁיָּמוּת מְהֵרָה, כְּגוֹן מִי שֶׁהוּא גּוֹסֵס זְמַן אָרֹךְ וְלֹא יוּכַל לְהִפָּרֵד, אָסוּר לְהִשָּׁמֵט הַכַּר וְהַכֶּסֶת מִתַּחְתָּיו, מִכֹּחַ שֶׁאוֹמְרִין שֶׁיֵּשׁ נוֹצוֹת מִקְצָת עוֹפוֹת שֶׁגּוֹרְמִים זֶה וְכֵן לֹא יְזִיזֶנּוּ מִמְּקוֹמוֹ. וְכֵן אָסוּר לָשׂוּם מַפְתְּחוֹת ב''ה תַּחַת רֹאשׁוֹ, כְּדֵי שֶׁיִּפָּרֵד. אֲבָל אִם יֵשׁ שָׁם דָּבָר שֶׁגּוֹרֵם עִכּוּב יְצִיאַת הַנֶּפֶשׁ, כְּגוֹן שֶׁיֵּשׁ סָמוּךְ לְאוֹתוֹ בַּיִת קוֹל דּוֹפֵק, כְּגוֹן חוֹטֵב עֵצִים, אוֹ שֶׁיֵּשׁ מֶלַח עַל לְשׁוֹנוֹ וְאֵלּוּ מְעַכְּבִים יְצִיאַת הַנֶּפֶשׁ, מֻתָּר לַהֲסִירוֹ מִשָּׁם, דְּאֵין בָּזֶה מַעֲשֶׂה כְּלָל, אֶלָּא שֶׁמֵּסִיר הַמּוֹנֵעַ (הַכֹּל בְּהַגָּהַת אַלְפָסִי פֶּרֶק אֵלּוּ מְגַלְּחִין).
(1) One who is dying is like a living person for all his affairs. They do not dye his cheeks, and they do not anoint him, and they do not wash him, and they do not stuff up his orifices, and they do not remove the pillow from under him, and they do not place him on sand nor on clay nor on earth, and they do not place a pot or a trowel or a pitcher of water or a grain of salt on his stomach, and they do not announce about him to the cities, and they do not hire flautists and lamenters, and they do not close his eyes, until his soul departs. And anyone who closes with the departure of the soul, behold this one spills blood. And they do not tear over him and they do not remove their shoes and they do not eulogize over him and they do not bring a coffin into the house with him until he dies. And they do not open about him with [the post-death blessing of] justifying the judgment until his soul departs. Gloss: and some say that they do not dig a grave, even though it is not with him in the house, until after he dies. (Rivash 114) It is forbidden to dig any grave to be open until the next day, that they not bury him in it on that day, and there is danger in the matter. (Rabbenu Yeruham in the name of R. Yehudah he-Hassid, ob"n) And so it is forbidden to cause the dead person to die quickly. Such as one who was dying for a long time and he could not separate his soul from his body, it is forbidden to remove the pillow or the mattress from underneath him, because they say that there are feathers of some birds that cause this, and similarly they should not move him from his place. And similarly it is forbidden to place the keys of the synagogue under his head, in order that he take leave. But if there is something there that is causing delay in the departure of the soul, such as if there is a banging noise next to that house, such as a wood chopper, or there is salt on his tongue, and these are preventing the departure of the soul, it is permitted to remove it from there, that in this there is no activity at all, rather he removes the barrier (it is all in the glosses of Alfasi in the chapter "these shave")....
(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].
(י) מפרכסין. מתנועעים והתנועה אשר ינועו האברים אחר המות יקרא פרכוס:
(יא) הלטאה. הוא שם השרץ וזה הבעל חי יתנועע זנבו מאד מאד אחר חתוכו ואמנם יקרה זה לקצת מיני בעלי חיים כאשר לא יהיה הכח המתנועע מתפשט בכלל האיברים משורש והתחלה אחת אבל תהיה מתפרדת בכל הגוף:
Heart transplants are forbidden under all circumstances. Doctors summarily declare a patient dead, although he is still alive. They do this only because they want to remove the heart quickly for the purpose of transplantation. This is unadulterated murder, even though the patient will die shortly.Moreover, even if a heart could be made available in a halachikly permissible fashion, a transplant would still be forbidden since, in many cases, the recipient of the "new" heart can continue to live without the transplant surgery, often for many years, albeit in great distress. To allow an operation which fails (at that time) 2 out of 3 times is unconscionable. Even though a terminally ill patient may undergo dangerous surgery if there exists a fair chance of recovery, the percentage rates of success are too low to warrant the forfeiture of the few years the patient may have with his own natural heart.
Heart transplants could not as yet be classified within the doctors mandate from Hashem to heal (VERAPO YERAPE) since it is not sound medical practice.
In 1946, Unterman became the Chief Rabbi of Tel Aviv, a position he held for twenty years before being appointed Chief Rabbi of Israel. As Chief Rabbi, Unterman worked to reform the rabbinic court system and reach out to secular Israelis. He also wrote opinions on a variety of religious issues relevant to the young Jewish state, such as religious conversion and marriage law.
When the old heart of the recipient is removed, he automatically loses his "Chezkas Chayim" his status of being presumed alive. While even the most seriously ill patient never loses Chezkas Chayim. once the heart is removed a person is automatically considered to be dead. Therefore the recipient is prohibited from allowing himself to be 'killed' by undergoing transplant surgery.
The prohibition of deriving benefit from the dead, of descrating the dead and the requirements of burial all yield because there is before us the matter of saving a life. Since a blind person is constantly confronted with life threatening situations (such as falling down a flight of stairs, or being hit by a car) the restoration of his sight is tantamount to saving him from death. This is based on the Noda Beyehuda, who permitted an autopsy in order to help someone who is unwell, because it actually serves to enhance the dignity of a dead person.
Forbids cadaver organ translplantation in all cases. He reasons that the dead are exempt from all Mitzvot from the Torah, including saving another's life. He also expresses concern for the body to be intered in its entirety to its "place of origin in accordance with G-d's decree"...at the time of the ressurection the donor will be revived without the organ he/she donated. He also intuitively consideres organ translplantation as being inconsistent with the Torah principle of DERACHEHA DARCHEI NOAM (ts ways are pleasant). However, in a later publication, Rabbi Waldenberg allowed cornea operation from an eye bank, even in the case of unilateral blindness.
You wanted my opinion on what you saw written concerning a monarch who told a Jew: Cut off a part of your body that you won’t die from it, or I will kill your friend. There are some who say that he is obligated to cut off the limb, since it won’t be a mortal wound. We see a proof from the tractate of Avoda Zora which states that if on Shabbat a person has a painful eye, it is permitted for him to put ointment on it on Shabbat. The gemara explains the reason as being because the eye and the heart are thought to be intricately linked and as a result not taking care of the eye will cause him to die. This would imply that if there was a part of your body which is not vital which was being dealt with, we would not break shabbat for it. With relation to our question - we have an a friori - if Shabbat which is stringent and is put off for saving a soul, is it not logical that we should cut off the part of a person which is unnecessary for saving a soul?
An answer for this: This is something unforseeable, and for this the Torah permits it. However there is no way that he can cause something unforseeable on himself on behalf of his friend - this we have never heard. Furthermore, perhaps through cutting off this part of your body, even though it is not directly neccesary for fundemental workings of the body, enough blood would come out and he himself would die - who is to say that his blood is any redder than yours? I have seen someone who died when he cut off his ear, because so much blood came out that he died, and there is no more superfluous piece of your body than the external ear.
Furthermore, the Torah requires you to live by the Torah, and therefore you have to cure your eye on Shabbat. Without that source however, the Torah never said that you have to help your friend to the extent that you die. You should try to help with him with the full extent of your wealth, but not with your life….Furthermore, the ways of Torah are gentle, and the laws of the Torah need to make sense. It makes no sense to blind his eye, or cut of his hand or foot so that his friend should live. I therefore see no reason to do this. It is an action of Chassidus to act in such a way, but if he is going to die as a result, he is a Chassid who also happens to be a fool.
Brain death is a criterion for confirming death in a patient who already has an irreversible absence of spontaneous respiration....this view is now supported by more and more rabbis.