[Avodah] Subject: Re: Is there any issur here al pi halacha?

[hankman]

RAM wrote:
But that's not really relevant to the kidney question, because even if the poor person is in front of me, and is truly omeid lamus, even pikuach nefesh is not enough to force me to donate my kidney. Because of the danger of the surgery, I am never obligated to donate it. Even if I have decided to risk the surgery, and give the kidney to A or to B, I am never forced to do so, as I can always change my mind entirely. Therefore, I would think that since it is ultimately voluntary, I can make whatever deals I wish.

But here's an interesting twist: Suppose I do offer my kidney to a specific person for whatever reason, financial or not. As I wrote, since it is voluntary, I should be able to designate whichever recipient my whim prefers. If I am correct to this point, here's a question: Once the kidney has been removed, are the surgeons allowed - or perhaps even required - to override my directive, and implant it in the patient who is halachically more entitled? We're dealing with dinei nefashos here, and can't be bothered with trifles like who actually owns this kidney - if anyone indeed owns it at all! (Citation: "One is not the owner of his own body.")

CM asks:

If one accepts that one is free to give away his kidney just like he can give away one’s possessions then the question really becomes if I have sold my kidney (with all the appropriate kinyanim) to someone (whether he is to be a transplant recipient or even if he is just an organ broker doing this just for profit) could such a sale be enforced by beis din once it has been made? IOW has the spare kidney been reduced to a mere possession?

Kol Tuv

Chaim Manaster
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