[Avodah] RSZA opinion on brain-death?

Shaya Potter spotter at gmail.com
Wed Apr 11 01:03:39 PDT 2007


So the subject of brain death came up some how in discussions w/ one
of my brother in laws, and I was looking it.  In reading the HODS web
page, I was under the impression that RSZA supported the regular
notion of "brain death".  Then I read R. Breitowitz's article on brain
death, and came to the opposite conclusion (due to letter he signed w/
R. Elyashiv)

basically, I think the HODS page is very confusing.  in regards to
brain death it says

http://www.hods.org/English/issuesE.shtml
----
Rabbi Shlomo Zalman Orbach ( While there are those who doubt this was
the position of Rav Auerbach, Rabbi Avraham Steinberg testifies that
he personally heard this position from Rav Auerbach after the sheep
experiment and transcribed his psak for him.)
----

in including him with those who allow "brain death"

but that's not how I understand R. Steinberg, in the video linked
there he says that RSZA didn't say that heart beating defined someone
as alive, but that it was a matter of "brain function"

In R. Steinberg's article on the HODS website
http://www.hods.org/pdf/R.Auerbach.pdf there seems to be clarification

On Page 5 it says.

----
b. Brain Death and Organ Transplantation

There is presently an intense rabbinic debate about whether total
brain death, including brain stem death is a valid halachic definition
of death irrespective of cardiac activity.  Rabbi Auerbach's view was
that the complete irreversible brain death, namely death of all the
cells of the brain, constitutes death according to halacha even if the
heart is still beating an even in the case of a brain dead pregnant
woman whose baby is delivered alive.  The fact has to be medically
established with certitude; brain stem death alone is insufficient to
determine death.  Nowadays, since physicians cannot establish the
above-kmentioned criteria with absolute certainty, a brain dead person
is considered doubtfully dead and the halachic rules pertaining to a
gossess apply to him as long as the heart beats.  Accordingly, it is
forbidden to move such a patient or inject into his body any material
to verify whether or not the brain is completely dead.  Theoretically,
it would be permissible to establish brain death by applying highly
reliable tests that would not require moving the patient at all.
----

1st to include RSZA in the "breathing" section, seems somewhat
irresponsible as his view seems to have nothing to do with breathing,
as even if the breathing functions of the brain are gone, but other
functions remain, it would appear that RSZA would consider the person
alive.

thoughts/clarifications?



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