vested relatively long after death from
anyone, such as skin, bones and
cornea, are permitted under many
views of Halachah, because the donor
would be unequivocally dead.
All other streams of Jtidaism*CODt
Brain Death
the
brain-death standard and approve
Medically, only certain patients are
of
organ
harvesting. Posner, on his
feasible to be organ donors. Because
Web site, is promoting a minority
several hours are needed to acquire
Orthodox view that also recognizes
family consent and to contact recipi-
i;i
brain death.
ent doctors, brain death is usually the
Rabbi
Tendler
would=
alloi,v
the har-
required cause of death. With brain-
vesting
of
organs
because
'brain
stem
dead patients, doctors can, with the
death
can
be
confirmed
with
MRI
aid of a respirator, keep blood flowing
testing.
throughout the body to preserve the
Posner's rabbi, Elimelech Goldberg
organs for transplant.
of Young Israel of Southfield, runs
Generally, the brain dies when
Camp Simcha in New York, a camp
deprived of oxygen for four min-
for children with cancer. He is a pro-
utes. The brain's death is final —
ponent of Jews registering as bone
it cannot be resuscitated or fixed.
marrow and stem cell donors, which
The brain stem, which controls
are
renewable products people can
respiration, stops functioning
donate
during their lifetime.
permanently.
Regarding accepting brain death as
Dr. Mark Faber, a nephrologist
halachic death, Rabbi Goldberg does
(kidney specialist) at Henry Ford
not agree.
Hospital in Detroit and also a
"The majority in Halachah are still
Young Israel of Southfield mem-
very
skeptical. My teachers have
ber, said, "If someone is brain
advised
that caution is on the side that
dead, putting aside Jewish law,
there
is
a
possibility that the person is
legally they are dead. There is
still
viewed
as alive. You can't sacrifice
nothing else to decide. There's no
one person for another."
negotiation that goes on with the
family. There's nothing to ask permis-
sion for other than organ donation.
Two Views
"The patient might look alive
Dr.
Faber, who recommends patients
because their heart is beating and
for
kidney
transplant, said, "I don't
their chest is moving because the ven-
know
enough
about Halachah to say
tilator is blowing air into their lungs,
which
rabbis
are
right and which rab-
but they're dead. There is no treatment
bis
are
wrong.
I
can
say that, in terms
at that point that would be offered or
of
the
recipient,
it
can
completely turn
continued."
around their life."
Only 20,000-25,000 brain deaths
Said Posner, "Our purpose is to
occur in the United States annually,
encourage
those who follow Halachah
limiting the available field for trans-
to
pledge
organs
for donation." While
plants.
acknowledging
there
is a difference of
Faber contrasts brain death with a
opinion,
he
says,
"Neither
side is
patient who is in a coma or a "persist-
wrong."
ent vegetative state." Such a patient is
Posner is styling a lapel pin to read
never a candidate for harvesting. "If
an
acronym for "I've Pledged My
they're not brain dead, they're not
Organs" followed by "Have you?" to
organ donors, he said."
encourage strangers and fellow congre-
gants to raise the issue with him.
A footnote to the controversy: It is
Halachic Standards
conceivable,
that as medicine
For Orthodox Jews to approve of the
advances,
the
need of human trans-
organ harvesting procedure, it must be
plants
could
be
replaced by better
certain that the patient is halachically
medical or surgical procedures or the
dead. By the traditional standard,
bio-engineering of animal organs for
death is determined when respiration
use in humans.
and heartbeat cease.
In the long view of Halachah,
By this standard, internal organ har-
human
organ donation may turn out
vesting from a deceased patient main-
to
be
only
a relatively short-lived issue,
tained on a respirator would not be
abandoned
as medicine marched on.
permitted, because it would require
Doubtless
though, with progress,
the eventual "killing" of a "live"
more and different controversies will
patient.
arise. ❑
Other body parts that could be har-

education," said Posner. "For those
who follow Halachah, we're interested
in defending the ability to donate."

Keeping Faith

Is giving the "gift of life" consistent with
Orthodox Jewish law?

A member of Young Israel of
Southfield, Posner was dismayed that
Copy Editor
the prevailing Orthodox view of
Halachah (Jewish law) forbids the har-
hree years ago, Ervin
vesting of organs such as the heart,
Posner wouldn't have
lungs, liver, pancreas and kidneys by
dreamt that he would soon
the only practical method available.
be in the forefront of a
Posner felt that Jews, including the
medical-religious controversy
Orthodox, should be organ
and have his own Web site to
donors. Posner researched
Above:
boot.
the topic and became famil-
Erwin
Posner
That was before his daugh-
iar with the teachings of
Inset:
ter-in-law, Avigail Posner,
Rabbi Moshe Tendler of
Rabbi
Elimelech
almost died for lack of a liver
Monsey, N.Y., a prominent
Goldberg
6
transplant.
proponent
of organ dona-
Avigail, 32 and the mother
tion
by
the
Orthodox in the
of a boy and a girl, was in per-
United
States.
A
year
after
Avigail's
fect health when her world collapsed.
liver
transplant,
Posner
put
together
A rare reaction to an over-the-counter
the
Web
site
of
the
Halachic
Organ
anti-inflammatory drug caused her
Donor
Association
(HODA)
with the
liver to fail in just a month and a half.
help
of
friend
Iry
Goldfein
of
"At the last minute, a liver was locat-
Southfield, a local Ph.D., computer
ed," Posner said.
expert and Jewish educator. The Web
Posner, a Southfield pharmacist,
address for HODA (Hebrew for
found himself both grateful that
praise) is
Avigail survived and grateful that a
http://imjl.con-ilhoda/hoda-
family of strangers had allowed a loved
links.htm
one's organs to be harvested so that his
"The primary goal of the Web site is
daughter-in-law might live.

DAVID SACHS

12/29
2000

14