[Avodah] surgery and transplants

[Eli Turkel]

Various people have suggested their own ideas of when someone can do surgery
including donation of kidneys and cosmetic surgery

Instead of throwing ideas I will quote some poskin/meforshim.
See especially
The Journal of Halacha and Contemporary Society
Sale or Donation of Human Organs
by R Alfred Cohen col 52
Cosmetic Surgery in Halacha
by Dan Geisler vol 48

1. Ibn Ezra forbids all internal surgery. Thus any donation of organ parts
is forbidden

2. Gemara Baba 85a Kamma lerans that a doctor has the right to treat a patient
Rashi and Tosafot learn that without the pasuk we would think that this is
G-d's punishment and so doctors can't intervene

This implies that elective surgery is not allowed.
The Tzitz Eliezer explicitly forbids cosmetic surgery since a person is changing
ones G-d given appearance  RSZA says  this doesnt apply to someone in
an accident
who is disfigured.

3. Those who disagree with ashi and Tosafot learn that the problem is
chovel which the
pasuk overcomes for medical reasons.

Is injections chovel ? RSZA says no while R. Tzvi Pesach Frank says
yes. R Abrasky
says it is chovel only if blood is removed. This has implications for hilchot
shabbat, treating one's parents and also elective procedure (eg Botox treatment)

4. Cosmetic  surgery - Tzitz Eliezer forbids it. Chelkat Yaakov allows
it for pschological
disorders only RMF is most permissive and allows it for a woman
looking for a shidduch.
This is based on Rambam who defines chovel as "bizayon or
nitzayon" (2 girsas)
and so only destructive chovel is forbidden and not constructive chovel.
However even RMF seems to define constructive as based on mitzvot or
general tzibbur consent not each individual person decides. Thus, if
one wants some
surgery for an unusual piece of jewelry it would seem even RMF forbids it.

5. For donations of organs after death RMF rules
a - family of the deceased have no say in the matter
b - the corpse and all parts are forbidden for all benefit
c - It is nivul hamet to not bury all body parts

6. RSZA was asked by R. Abraham (Nishmat Avraham) whether one can sell or donate
body parts to be used for research after his death. The reply was
"G-d forbid that a person should sell or give away his body" !!!!

7. Malbim on prohibition to remarry one's wife after she has been
remarried (based on Sifre)
and divorced" . To prevent a case where a rich man offers money
to a poor man
to divorce his wife which he will marry under the understanding that later
the rich man will divorce the woman and she can return to her poor husband.
Of course after living with the rich man she is no longer interested in the poor
ex-husband. This can lead to jealosy and then to bloodshed

Thus the Torah is teaching us that it is despicable for a rich man to coerce a
poor man with an offer of money to do activities he wouldn't want to
do otherwise

8. An interesting side question is whether a person who has been paid for
a mitzvah gets reward for that mitzvah. Seems to be an argument between RMF
and RSZA whether a doctor who is not religious gets a mitzva for saving lives



-- 
Eli Turkel