Q. Good morning Rabbi, so an interesting shaila has arisen in my family. I have an uncle that is very ill and dying. His main illness is cancer that has metastasized in his brain. We have been davening for a refuah shleima, but he has progressively gotten worse.
He grew up here in Toronto even going to Eitz Chaim for cheder, but is not observant in the slightest. He has 2 sons from his first marriage, one of which is Baal Tshuva. He lives on the west coast with his non-jewish second wife. There is no doubt that he is dying, but he has signed papers with the M.A.I.D. program. They are scheduled to come to his house this weekend to help him die.
Hashgafically, I see this as euthanasia, but there is nothing I can say or do that can reverse this from happening. The only thing I can think of is to change my Kavana for his refuah to that he should die naturally prior to the M.A.I.D.- people coming to kill him.
But if this course of action does proceed, is there any change to the funeral or shiva that will follow?
Thank you very much in advance for your help and advice in this matter. (SB)
A. On question 4133 we wrote:
Dear Rov Shlit’a. Firstly as an active member of Bikur Cholim, thank you for your efforts in answering and providing help to the many difficult Shaalos and doubts involved in our days, especially in Canada, in not terminating the elderly, the sick and the patients who feel they have no hope. I have a Shaila that happened to me as I was visiting a patient in hospital. When I was there, there were two doctors that were talking to another Jewish elderly patient nearby in the presence of a family member, They were reviewing some forms signed by the patient in which, as I was listening to, agreed to have his life terminated. They reviewed the signature of the notary and then proceed to offer him a drink that would terminate his life, complying with MAID or medical assistance in dying. I was kind of shocked and had a few Halacha questions. Firstly should I have protested? Then if that was not the recommended or proper thing to do, should I have approached and recited the Shema with him with some words of Viduy? Did I have to say the bracha of Dayan Emes? Stay and close his eyes and see about the Chevra Kaddisha? How does one proceed with these Shailos that are becoming L’A so common in our Days?
Our Rabbonim disagree. Horav Dovid Pam Shlit’a maintains that it is best to protest and intervene that they should stop. While Horav Aharon Miller Shlit’a and Horav Nosson Hoffman Shlit’a opine that protesting may cause the medics to call security and end in Chilul Hashem. Some mentioned that just approaching and reciting the Shema with him with some words of Viduy, may seem as an agreement to the procedure. A third option may be just reading aloud the Shema and reciting Viduy and other Tefilos aloud without approaching the suicidal patient, so it may not seem as joining the suicidal-murder procedure. Horav Shlomo Miller’s Shlit’a opinion is that he should just mention aloud that a good Jew does not kill himself and then walk away.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller, Horav Dovid Pam, Horav Aharon Miller and Horav Chanoch Ehrentreu and Horav Kalman Ochs Shlit’a