The Onset of Death in Halakha IV: In the Media

February 11, 2011

Here is are some of media links on the RCA’s Vaad Halacha’s paper, which I consider noteworthy, along with some editorial comments [UPDATED 2011-02-11 – split off and expanded from an older, overlong post].

But first, A Comment About Comments

Many of the comments in the blogosphere show that there is considerable disagreement about fact, in addition to the disagreements about doctrine.In previous posts, I expressed the hope that major halakhic authorities, including but not limited to those who already wrote on the issue, would revisit the question of the onset of death in halakha. I did so believing that many important facts that may previously have been ignored, have now become well known, so that we are ready to revisit the issue.

However, seeing how much disagreement there is a about facts, I think that we must also call for a broad based international investigative committee, which should only concern itself with the facts, making no value judgements whatsoever. Let’s remember that science deals with facts, while values are the domain of religion, morality, philosophy, ethics. But having clear facts would surely be most helpful.

Click for more on London Beth Din, Chief Rabbi Lord Jonathan Sacks, the Lancet, the Forward and National Geographic Read the rest of this entry »

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Posted by Arie Folger

The Onset of Death in Halakha III: Noteworthy Discussions

February 10, 2011

The paper published by the Vaad Halacha of the RCA (for my previous posts thereon, see here and here) has definitely achieved one of its unstated but obvious purposes: it has generated a flurry of activity. It is my sincere hope that this activity will not be restricted to blogs and newspapers, but will also lead to a reappraisal by today’s major posqim.

Here is are some of discussions I consider noteworthy, along with some editorial comments [UPDATED 2011-02-11 – split into two posts]: Read the rest of this entry »

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Is Outsourcing Ethical?

February 8, 2011

Randy Cohen, the resident ethics columnist for the New York Times Magazine, responded to a query about whether a long time unemployed IT worker should take a job setting up an offshore help desk, considering that once up and running, the present help desk employees will be out of a job.

The anonymous job applicant heroically is inclined to forgo this job offer, having seen a relative suffer the effects of outsourcing, and he believes he has a greater ethical duty to fellow citizens of his country (this is actually a misuse of the concept of ethics; while he may have a greater obligation toward fellow citizens, it is a different kind of obligation, beyond the purview of ethics — see below). In order to fulfil his duty to his fellow citizens, he is willing to forgo this sorely needed job.

His wife agrees with the ethical assessment, but disagrees with his willingness to forgo the job, since forgoing the job will not achieve the desired results, as it will not prevent the outsourcing from taking place. Therefore, he might as well take the job.

Finally, Cohen disagrees with both of them, as he believes there is a greater ethical duty toward the residents of India or whichever country to which the help desk will be outsourced to, as outsourcing will give jobs to people who would otherwise remain stuck in a vicious cycle of poverty. In Cohen’s words:

Americans do not enjoy moral precedence over Indians. Some people feel we have a greater ethical duty to those closest to us — our neighbors — but in an era of global trade and travel, that is a recipe for tribalism and its attendant ills.

Drawing from the wisdom of Judaism, who is right here? Read the rest of this entry »

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How Does One Teach Social Skills?

January 3, 2011

In 1999, the “late” Jewish Observer (partial archive here) ran a feature on how to teach middos, i.e. proper, morally upright, religiously inspired behavior. The major question was, whether behavior is most efficiently and most effectively acquired through formal or informal means. In his article Dr. Benzion Sorotzkin argued that formal middos education is neither the most efficient, nor the most effective way to help the students internalize these values. Sadly, I could not find R’ Joseph Elias’ article on the web, but IIRC in that feature, he argued for the utility of formal middos education.

In many yeshivot, the study of the underlying philosophical-ethical material, the so called mussar works, constitutes an integral part of the curriculum. However, some would argue that any such study only becomes truly useful after properly developing and nurturing a moral disposition. Take Lashon haRa’, for example, the sin of gossip and slander. Some would argue that the most effective way to train students would be through the intellectual study of works on this topic, such as the Chafetz Chaim. However, consider that the following reason for the prohibition on gossiping: that God wants people to live in peace and harmony with each other, while tale bearing and slander are major contributors to strife (Sefer haChinukh §236).

If the purpose is to increase interpersonal peace and harmony, perhaps it is best achieved by … promoting interpersonal peace and harmony. Which is why the following article caught my eye:

Elementary school students who participated in a three-month anti-bullying program in Seattle schools showed a 72 percent decrease in malicious gossip. Read the rest of this entry »

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Dodging the Draft in Dogy Ways

December 21, 2010

There is an article up on YNET about Charedi yeshiva students who dodge the draft by feigning minor insanity.

I told them that I tried to commit suicide when I was younger, but it wasn’t enough. When the mental health officer said he wouldn’t release me, I told him I hated Arabs – so he lowered my medical profile to 21. Later on, a committee approved it, and I was out.”

As the article points out, not everyone who claims a draft exemption based on mental reasons are frauds. There are people who are really not mentally suitable for army service. And the mental clause for draft exemption isn’t the most common form of draft exemption. That honor falls to the תורתו אמנותו, the Torah is his occupation, exemption, which depending on the extent of its use, may actually be a very valid exemption, depending on one’s viewpoint.

I do not want to enter here into the discussion of whether and in what measure that exemption is commendable, nor whether serving in the Israeli military is a mitzvah or something best avoided. That’s been extensively discussed elsewhere.

But I am very troubled by the fact that people would lie in order to avoid the draft. The Torah commands that we stay away from lying (Shemot 23:7, Keep thee far from a false matter), prohibits lying (Vayiqra 19:11, Ye shall not … lie one to another), and particularly prohibits misrepresenting facts in matters that may bring about monetary loss to another party (Vayiqra 25:17, And ye shall not wrong one another).

[UPDATE 20101221 at 20:26: Read the rest of this entry »

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Brain Death and Organ Transplantation in Halacha – Redux

December 21, 2010

Recently I posted an entry entitled “When Does Death Begin, According to Halacha?” about a long awaited paper which the Rabbinical Council of America’s Vaad Halacha recently published. It turns out that it’s not just the RCA that has recently revisited “brain death” and organ transplantation in halakha, nor was their opinion piece long in the making. Turns out that British Jewry has been grappling with the same issue. The Chief Rabbi’s and London Beth Din’s rulings had yet to be published, as of last summer.

However, while the RCA’s paper is billed as a research paper and an educational tool, the London Beth Din’s decision is supposed to be an actual halakhic ruling from a national organization in a country with a significant Jewish population, making it particularly interesting.

From the Jewish Chronicle (July 15, 2010):

The founder of a campaign to encourage Orthodox Jews to carry organ donor cards has voiced frustration at the time taken by the Chief Rabbi to issue new guidelines on the subject.
…
Mr Berman, who lives in Jerusalem, said that after meeting the Chief Rabbi in March 2009, he had agreed not to lecture on organ donation in the UK until the Chief Rabbi and the London Beth Din decided their position in the summer.
…
Arguing there had been no major new developments on organ donation in medicine or Jewish law over the past decade, he declared: “I hope this review will not drag on for years, as I fear it will. This issue is of an urgent life-saving nature and should be given priority.”
…
A spokesman for the Office of the Chief Rabbi said for the past 12 months, the London Beth Din had been engaged “in careful consideration” of organ donations and living wills.

Can anyone report whether the Beth Din has meanwhile issued this ruling?

One wonders whether one of the things the Beth Din was waiting for was the RCA’s paper, as it significantly contributes to the field by documenting the medical conditions the landmark published halakhic responsa responded to.

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Posted by Arie Folger

When Does Death Begin, According to Halacha?

December 18, 2010

One of the most vexing questions in contemporary medical ethics is when a dying patient can be considered dead. Until several decades ago, the answer was simple: when a patient stopped breathing and his heart stopped beating. However, since the invention of artificial respiration, the answer is no longer straightforward.

During the last fifty years, a number of landmark halakhic responsa have been written, evaluating whether neurological definitions of death (a.k.a. “brain death“), such as the Harvard Criteria of 1968, are valid in the eyes of halakha. However, up until now, there has been no systematic attempt to research which medical information had been used as a basis for those halakhic responsa.

Recently, the Vaad Halacha of the RCA has done just that and published a extensive paper on the determination of death in halakha. The paper has been picked up by the news media [Jewish Week] and been extensively discussed in some blogs [Hirhurim I and II].

While the paper does is presented as an educational exploration, not forcing any conclusions, the paper nonetheless demonstrates that to date, there has been very little support from the halakhic responsa literature, to support accepting “brain death.” See below for my take on this. Anyway, understandably, those who advocate accepting the neurological standard were not pleased, and not everybody welcomed the paper.

The lead author of the study is R’ Asher Bush, the chairman of the Vaad Halacha, and yours truly had the privilege to contribute as an editor of the paper.

Despite having contributed to the paper’s final form, the comments below are mine only and do not necessarily reflect the opinion of the article’s authors. Read the rest of this entry »

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HonestReporting Reunites Victim and his Defender 10 years later

September 1, 2010

This reunion is inspiring, evokes themes of Rosh haShanna and also reminds us of the terrible injustice of media as. A defender of a helpless victim was proclaimed throughout world media as a vicious would be murderer, when in fact he saved someone’s life. But the media would not take interest in who the would be murderers really were.

On September 30, 2000, The New York Times, Associated Press and other major media outlets published a photo of a young man — bloodied and battered — crouching beneath a club-wielding Israeli policeman. The caption identified him as a Palestinian victim of Israeli brutality — with the clear implication that the Israeli soldier was the one who beat him.

That young man was, in fact, Tuvia Grossman, a Jewish student from Chicago, who was beaten within inches of his life before being rescued by the Israeli border policeman in the photo.

The resulting outrage generated by the gross distortion of the photo “launched” HonestReporting.

Now, ten years later, we caught up with Tuvia in an exclusive interview.
[read an additional interview transcript]

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Where Willl We Find Refuge

August 26, 2010

… from technology overload?

The New York Times reports that when people keep their brains busy with digital input, they are forfeiting downtime that could allow them to better learn and remember information, or come up with new ideas.

A few years ago, pundits were predicting internet equipped, self-monitoring refrigerators, which would place automatic orders with your online grocery store, when supplies ran low. These refrigerators may not have arrived yet, but technology has not stopped reaching for new frontiers.

Advertising is becoming ever more intrusive. Cookies and other methods track our movements on line (though astute web users know how to limit this intrusion on privacy), advertising not only flashes before our eyes on television, billboards and web pages, but advertising is coming to ebooks, is projected onto the street as you walk and now, it is even set to encroach upon the otherwise calm and static pages of journals and magazines. Read the rest of this entry »

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We May Have Free Will, After All

August 13, 2010

Just in time for the onset of the month of Elul, with its overarching theme of repentance and preparation for the judgement and acceptance of Divine sovereignty that are the themes of the High Holidays, some important scientific findings were reported.

First some background. A defining feature of Judaism is its belief in the potential of Man. We are not predestined in our righteousness or unrighteousness, but rather possess free will that we can and should properly express. Thus, Moshe admonishes Israel (Devarim 30:19):

I call heaven and earth to witness against you this day, that I have set before thee life and death, the blessing and the curse; therefore choose life, that thou mayest live, thou and thy seed;

A cornerstone of the doctrine of free will is that people can actually change, they can turn around. Yes we can™®.

However, this ability to change is actually hotly debated by the psychological community, and it is refreshing to see them believe in human ability.

Our brain can be taught to control cravings, researchers find

Read the rest of this entry »

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