[Avodah] Is there any issur here al pi halacha?--selling/buying of kidneys

[Micha Berger]

What about selling organ futures?

The seller (the word "donor" is no longer appropriate) is paid at the time
of signing for the use of their organ upon death, if usable. Like a real
futures trade, there is risk involved -- e.g. many of the kidneys the bank
buys would be from people whose kidneys are unusable by the time they die.

My problem isn't with organ sales, though. It's with moving medicine from
rules of triage to market forces. I don't see any reason to distinguish
between third parties -- whether it's the communal account or someone
who wants to go into organ brokering. "Verapo yerapei" is special reshus
HQBH gives us to seek cures, it's not the usual "veqivshuha" or "lasheves
yatzrah".

R' Shabsi Rappaport has an interesting article on (title translated)
Priority in the Allocation of Public Resources in Medicine at
<http://www.medethics.org.il/articles/ASSIA/ASSIA7/R007094.asp>.
OTOH, RZS appears to believe that public resources are a different issue
than brokering resources that never reach the public pool.

See RMF's (IM CM 2:73.2) and RSZA's (Nishmat Avraham YD pg 156) where
they each say that if two patients arrive at the same time, the one with
a better chance at chayei olam goes first; but if you are already caring
for someone capable only of chayei sha'ah, you can't stop treating him
to make time for the chayei olam. When RSZA says that the mishnah in
Horios can't be implemented today (as RJR cited), he doesn't mean that
therefore there are no halakhos of triage.

I also see that RJR cave a 2 part miniseries titled "Women and Children
First - Halachic Triage, Western Ethic, Neither or Both? at AABJ&D (West
Orange). If it's the same RJR as ours (CC-ed), maybe he could chime in?

I also found a list by R' Ari Kahn of sources for a course on medical
ethics
http://www.biu.ac.il/Dean/course%20description/Topics_in_Contemporary_Halachic_Issues.doc
which includes:
    1. Two people in a Desert with one cup of water: Bava Metzhia 62a,
    משנת חיי שעה שמחה לייזרזון 153

    2. Triage: Fred Rosner "The Rationing of Medical Care" The Journal
    of Halacha and Contemporary Society, Volume 6, pg. 21, קול צופיך 235
    (Ransoming captives) Barry Freundel "Health care and Tikkun olam"
    in Tikkun Olam 309-337

    3. Priorities in Treatment: [Weinberger in Emek Halacha 109-117]

    4. Transplants: Bleich J. David "Contemporary Halakhic Problems"
    volume 1, chapter 16 page 372. Volume 4 page 316 "Of Cerebral,
    Respiratory, and Cardiac Death" Reuven Fink "Halachic Aspects of Organ
    Transplantation" The Journal of Halacha and Contemporary Society,
    Volume 5, page 45, Fred Rosner, Moshe Tendler "Determining the Time
    of Death" The Journal of Halacha and Contemporary Society, Volume
    17, page 14. Herschel Shachter "Determining the Time of Death"
    The Journal of Halacha and Contemporary Society, Volume 17, pg. 32,
    Aharon Soloveichik "Determining the Time of Death" The Journal
    of Halacha and Contemporary Society, Volume 17, page 41. קול צופיך
    374-397, "משנת חיי שעה" שמחה לייזרזון
So, I'm CC-ing RADK as well.


Tir'u baTov!
-Micha

-- 
Micha Berger             One doesn't learn mussar to be a tzaddik,
micha at aishdas.org        but to become a tzaddik.
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