[Avodah] Is there any issur here al pi halacha?--selling/buying of kidneys

Rich, Joel JRich at sibson.com
Thu Nov 3 08:18:04 PDT 2011



See RMF's (IM CM 2:73.2) and RSZA's (Nishmat Avraham YD pg 156) where
they each say that if two patients arrive at the same time, the one with
a better chance at chayei olam goes first; but if you are already caring
for someone capable only of chayei sha'ah, you can't stop treating him
to make time for the chayei olam. When RSZA says that the mishnah in
Horios can't be implemented today (as RJR cited), he doesn't mean that
therefore there are no halakhos of triage.

I also see that RJR cave a 2 part miniseries titled "Women and Children
First - Halachic Triage, Western Ethic, Neither or Both? at AABJ&D (West
Orange). If it's the same RJR as ours (CC-ed), maybe he could chime in?
=============================
Guilty as charged.  This was an extract from a much longer study with my shabbat learning mates where we are learning horiyot.  This issue was why we picked horiyot (as well as can the Sanhedrin err) and I had hoped the intensive study would lead to an aha moment on resource allocation/triage.  Unfortunately it never came, the quote above being a classic example (I'd ask anyone with connections to see if they can get any non-YU gedolim to comment) as to what exactly did R'SZA mean - is it not applicable today or is it applicable but no one will listen.....
It seems some/most current  poskim treat horiyot priorities as a tertiary tie breaker with almost no application (i.e. if both cholim are equally sick and equally distant from the dr\ and we know they keep the same number of mitzvot......)  some interpret the whole water bottle thing as chaye shah vs. olam)
IMHO the minhag haolam (and poskim but I can't say which came first), is not what one would have expected from the primary sources, 
KT
Joel Rich
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