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

[kennethgmiller at juno.com]

R' Micha Berger asked:

> I therefore assume you both are relying on a poetic extension of
> Rashi's point (chazal's point as quoted by Rashi) -- a person
> may choose to give *tzedaqah* to whomever he wants. This might
> be true in general, but it is true when issues like "lo saamod"
> are involved? An exteme example: May I give a formerly wealthy
> person his limo as a "dei machsero" when I know of a poor person
> who hasn't eaten in 3 days and is omeid lamus?
>
> And if not, then how do we know I can extend my general liberty
> of choice of tzedaqah recipient to cases where I'm deciding mi
> yichyeh umi yamus?

The case is not clear. I'm not sure what the choices are. Specifically, what is the method by which I might help the one who is omeid lamus? I'm going to presume that the only thing I have available to give as tzedaka is this limo (which can be given only to one of these two people), and that the poor person will be able to sell it for food. Any other scenario would not link the two options, and my choices would be one, the other, both, or neither.

My guess is that this case is unusual, because "omeid lamus" takes it out of the ordinary tzedakah category, and puts it in pikuach nefesh, and I would have to give it to the starving man. But if not for that, I'd be able to give it to either or neither.

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.")

Akiva Miller

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The New "Skinny" Fruit
How This Strange 62-Cent African Fruit Is Making Americans Skinny.
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