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 »