[Avodah] "Brain death" as a halachic criterion (from areivim)

[Saul Mashbaum]

On areivim, we have been discussing R. Avi Shafran'c cross-currents blog on
brain death and
organ donation among the Orthodox.
I came across a very valuable resource on this complex subject which I wish
to share.

 A 110 page comprehensive discussion of the subject of brain death as a
halachic criterion for permitting harvesting organs for transplants.
entitled " Halachic Issues in the Determination of Death and in Organ
Transplantation, Including an Evaluation of the Neurological ”Brain Death“
Standard", can be found at

http://www.rabbis.org/pdfs/Halachi_%20Issues_the_Determination.pdf

The title page identifies this work as

A Study by the Vaad Halacha of the Rabbinical Council of America of the
Halachic and Medical Issues Relating to Organ Transplantation from both Live
& Cadaver Donors, and the Determination of Death in Halacha*.*
Hat tip to Hirhurim.

This long essay mentions that almost all poskim who oppose "brain death" as
a halachic criterion nevertheless say that it is permissable to accept an
organ which was harvested  on the basis of "brain death". One halachic
justistification for this position, cited in the name of R Ahron
Soloveitchik is that the prohibition of being machzik ydei ovrei avera is
nidche by pikuach nefesh, based on Nedarim 22. See page 70 of the cited
essay, note 192.

Saul Mashbaum
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