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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.


Blog Image: AskTheRabbi.jpg
#253 Understanding the 'removal of life support' and the 'Do Not Resuscitate (DNR) order' contradiction
Q. I have heard that in Judaism (especially Orthodox), a power of attorney for health of a loved one is allowed to deny resuscitation to a sick person if they think they are not going to make it, however Jewish law does not allow them to unhook life support systems once they are in place, even if the person is functionally dead or there is little hope.

This makes zero sense to me -- the denial of resuscitation is like murder, as I have witnessed people revived and living many more years. I think the Jewish laws are backwards. I would feel much more guilty for "guessing" that a person has no chance and denying resuscitation, than I would pulling out life support on someone whose organs no longer function and who is functionally dead. Your comments would be appreciated. Many thanks! (By the way, not sure if Reform rabbis have a different slant on the Orthodox perspective.)

A. A fundamental mitzvah of the Torah is saving and preserving life. Anyone who is able to save another person’s life but fails to do so infringes the law of "You are not to stand (idly) by the blood of your fellow. (Lev.19:16).". Most of the commandments of the Torah such as Sabbath may therefore be overridden to extend the life even of a person who is dying and has no chance of living more than a short period.( Yuma 83a-85b). Although Halacha categorically emphasizes the preservation of life and prohibits Do Not Resuscitate (DNR) orders, there may be a few exceptions.

When someone is dying and is on the very final stage of life (namely a goses, who by definition will not usually survive more than 72 hours) but external causes, such as a loud noise or grains of salt on his tongue, impede his death, the noise may be silenced or the grains of salt carefully removed, although we know that after removing the impediment he will die within a shorter time. (Remo, Yoreh Deah, 339:1).
The Talmud (Avoda Zarah 17b) relates how Rabbi Chaninah Ben Teradyon was sentenced to be burned alive wrapped in a Torah scroll, while wet wool was placed on his chest to prolong the agonies of death. As he was slowly dying in terrible pain his disciples pleaded: "Open then thy mouth, that the fire may enter and the sooner put an end to thy sufferings," The Rabbi replied, "It is best that He who hath given the soul should also take it away: he (the Rabbi) should not hasten his own death." However Rabbi Chaninah did not impede the executioner from removing the wool and thus precipitating his death.

These are but two general examples on a complicated halacha.

Horav Shlomo Miller's Shlit"a opinion is that no DNR order should be given before the case is analyzed and reexamined by competent halachic authorities.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a


Posted 2/5/2013 11:03 PM | Tell a Friend | Ask The Rabbi | Comments (0)

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