[Avodah] what is death- what is life?

Zev Sero zev at sero.name
Wed May 9 11:13:40 PDT 2012


On Areivim, Daniel M. Israel wrote:
> On May 8, 2012, at 11:48 AM, Zev Sero wrote:
>> Courts are a branch of the government, and it is the government that
>> killed Ms Schiavo.

> Technically, the government did not kill her.  Killing is actively
> bringing about her death.  The government stopped her from being fed.
> AFAIK the halacha makes a distinction between the two cases, therefore
> so should we.

The halacha distinguishes between direct murder and indirect murder,
but both are murder. See http://mechon-mamre.org/i/b503.htm#11
and http://mechon-mamre.org/i/e509.htm#6


> Again, leaving aside the question of whether the courts correctly
> identified her wishes, the Torah prohibits mercy killing, but does
> not always require continued feeding when the patient is not capable
> of taking food normally.

I do not believe that is the case.  If you have a source, please cite
it.  AFAIK a patient may refuse medical treatment, but not food and
water.  See IM 7, CM 74:3  Further, even if there is no chiyuv to
actively feed someone whose inability to feed themselves is not ones
fault, that doesn't give one a right to forcibly prevent those who
would volunteer to feed her.

-- 
Zev Sero
zev at sero.name




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