[Avodah] Murder?

[Zev Sero]

...
> But the potential donor refuses to put himself under the knife since
> there is a minimal risk of death. What would you say if the person who
> needed the kidney kidnapped the potential donor and forcibly removed a
> kidney and had it transplanted into himself. Now both people will live
> a long healthy life. What are the ethics of such a scenario?

Lechatchila, he surely has no right to do this. Even stealing property
for your own pikuach nefesh is only allowed if you have the intention of
repaying him; if you steal an organ how can you repay him? And as for
laying hands on someone, let alone subjecting him to even a minimal risk
of death, but one of which he is afraid, one would need a very strong
source to permit this even for pikuach nefesh.

But bediavad, it seems 100% clear to me that he need not give the organ
back, and must merely compensate his victim financially.

> What recipient were your child?

I don't see how that changes the moral or legal analysis. Your duty
to provide for your child doesn't even override your own life, let
alone someone else's. Of course the emotional analysis is completely
different, but that is only relevant in assigning moral blame bediavad,
not in deciding what to do lechatchila.

> What about buying a Kidney even though it is against the policy of UNOS
> (United Network for Organ Sharing). They believe that money should never
> be a factor when deciding who is the recipient of a donated organ. They
> say it is unethical and recipients should be prioritized based on
> medical need.

In my opinion their opinions and laws are completely immoral and
unethical, and it is a mitzvah to ignore and subvert them. Not only
may one buy an organ for oneself or ones relative, but it's a mitzvah
to do so for a stranger, and even a broker who procures such organs for
huge amounts of money is still doing a mitzvah and gets sechar for it.
I also think it a mitzvah to vote and campaign against such laws whenever
one has a chance, and to vote or campaign for candidates who are against
such laws (all else being equal).

-- 
Zev Sero
zev at sero.name