The following was an address delivered at a meeting of
doctors that took place in Ramat Gan more than five years
ago.
Non-Jewish scholars are conscious of there being a corner of
the world where a nation who are the descendants of
nevi'im live. They sometimes turn to them for answers
to questions that other mortals are incapable of solving.
The President of the USA once asked Maran HaRav Moshe
Feinstein zt'l whether, according to daas
Torah, it is proper in modern times to inflict a death
sentence on murderers? The Rov (Igros Moshe, Choshen
Mishpat, 2:68, dated 14 Adar, 5741\Mar. 20, 1981) opened
his teshuvoh: "I hereby express my heartfelt
sentiments and deference to the president of our country who
wants to know the daas Torah given by Hashem through
Moshe Rabbenu in the Oral Law, that was transmitted by the
scholars of every generation to the next, until recorded in
the Gemora and poskim, the Rambam, and
Shulchan Oruch, which is the faithful opinion . . ."
Rav Moshe stressed our tradition in answering.
An additional incident happened in the USA when twins were
born with separate bodies but sharing one heart composed of
five chambers. Doctors maintained they would soon die since
the heart lacked the strength to supply enough oxygen for
both the twins. The only way to save anyone was to kill one
body so that at least the other one could live. This question
was presented to the United States Supreme Court justices,
who in turn asked R' Moshe what he thought should be done.
R' Moshe immediately began to search for a solution and did
not rest until he found one. He answered that a
Midrash tells us that twins with two bodies, two
heads, and one heart were once born. After their father died
and his inheritance had to be divided among all the brothers,
"they" demanded two parts of the inheritance just as two
normal brothers deserve. Shlomoh Hamelech went over to them
and covered their eyes. He poured hot water on one body, and
both heads cried out in pain. In that way Shlomoh Hamelech
proved that they were really one person possessing two
bodies. The conclusion was that "they" therefore deserve only
one portion of the inheritance.
R' Moshe Feinstein inferred that in this incident too, the
apparent twins are actually one person with two bodies. He
reasoned that just as it is permitted to sever a superfluous
finger, so it is permitted to kill one of the bodies. It is
not regarded as killing a person but rather amputating extra
limbs. Maran's halachic response was highly praised by world
scholars.
Some decades ago the Chief Justice of the American Supreme
Court visited Eretz Yisroel and wanted to meet the "rav of
the prisoners," HaRav Aryeh Levine zt'l (who, before
Israel's War of Independence would visit and comfort men of
the Haganah and Etzel who were imprisoned by the British). He
wanted personally to hear from him how he persuaded murderers
to repent. What does the Torah advise us to do in such a
case? The judge heard what the tzaddik R' Aryeh had to
say, and lauded the Torah and its scholars.
I will now cite a question the High Court judges struggled to
resolve. It so happened that after a murderer heard the
sentence decreed upon him, he became totally insane. The
judges were doubtful whether or not to execute him in such a
demented condition. They sent their question to the
chachmei Yisroel to hear their opinion. The answer
was: He should not be put to death! A death sentence is given
for two reasons: 1) As a deterrent so others will not do the
same; 2) So the murderer can confess his sins and declare
that, "My death will atone for my sins," as Yehoshua told
Ochon (Yehoshua 7:19). Since this particular murderer
who had become deranged cannot confess his sins, the
Teshuvos Eimek Halocho rules that he should not be put
to death. See also Sanhedrin 43b, 44a.
Prof. Nemet, an ophthalmic surgeon, said that he once
lectured to five thousand ophthalmologists at an
international convention. After the doctors heard that he was
Jewish, they bombarded him with questions concerning medical
ethics. They asked him about an instance such as a child born
prematurely and needing to undergo excessive artificial
respiration, but he would remain retarded and blind for the
rest of his life. Is not his dying better than remaining
alive? Is it not preferable to leave him without oxygen? On
the other hand, since he is a living being, perhaps we are
obligated to connect him to a respirator although he will
later be so limited?
Non-Jewish thinkers understand that a person through his own
intellect, since he is shortsighted, weak, and of limited
intelligence, cannot answer such questions. Only Torah
scholars, the descendants of nevi'im, can answer such
questions according to the Torah.
The nations honor the Torah of the Jews. Once a Jewish
doctor, the director of a hospital in South Africa, was
required according to that country's laws to sign on official
permission for any act of euthanasia. The director notified
those above him in the Office of Health that as a Jew he
cannot authorize any euthanasia, even if the patient is non-
Jewish. The heads of the South African Health Department
respected his religious stand and allowed him to ask the
advice of Jewish scholars as to how he should act in
accordance with the Torah and also not violate their laws.
*
I am now addressing an appeal to Jewish judges faced with
questions of whether or not to disconnect terminal patients
from life-sustaining apparatus.
Precious brothers! Please keep in mind, we are children of
the nation who heard from Hashem on Mount Sinai "You shall
not murder" (Shemos 20:13). Hashem wrote in His Torah,
"At the hand of man; at the hand of every man's brother will
I require the life of man" (Bereishis 9:5).
Our Sages explained to us, both in writing and through
tradition, that there are two types of bloodshed: One type is
"at the hand of man" and that refers to lowly people who are
like Odom (derived from adomoh, earth), that is
those who kill to rob or to take revenge because of cruelty.
There is, however, another type of bloodshed that is "at the
hand of every man's brother," which takes place when a person
sheds the blood of another because of feelings of
brotherhood. Since he cannot bear seeing his brother suffer,
he detaches him from life-sustaining apparatus. That person
is also punished with "will I require the life of man."
"The aim of knowledge is a person's being aware of his lack
of knowledge" (Me'or Einayim, Bereishis based on the
Zohar). How can any single person decide a question of
life-and-death? Chazal require a Sanhedrin of twenty-three
dayanim to rule in such cases, and only after they
have fasted and prayed to Hashem for correct guidance do they
make a decision. How can any individual determine such
critical questions while satiated?
Once a question was asked as to whether a kidney can be
donated to a murderer. Chachmei HaTorah fasted before
they arrived at their decision. They concluded that he is not
allowed to receive such a precious contribution unless he
agrees to wean himself away from any tendency to kill. He
would have to undergo psychological treatment that would
guide him how to act properly, and only then could he enter
the list of those entitled to receive such an inestimable
transplant.
I want to direct myself to the judges in Israel: Do you know
that even today there are extremely intelligent people who
rise early in the morning when everyone is still in bed, and
begin a daily labor of some eighteen hours a day over Torah
studies, and study Torah for its own sake? Would it not be
proper to seek advice from them about such fateful questions?
Can a person presume himself to be the wisest person in the
world? Is it unbefitting for him to speak with those who are
proficient in Shas Bavli and Yerushalmi and
hundreds of responsa by heart? Is it not appropriate to seek
advice from people on the sight of whom we are obligated to
make a brochoh of, "Blessed are You, Hashem, our G-d,
King of the universe, Who has apportioned of His knowledge to
those who fear Him"?
Maran the Chazon Ish zt'l (Emunah Uvitochon
3:13) writes: "The perfection of a sagacious person laboring
over the Torah and its commentaries, in halochoh and
mussar seforim and refining character traits, is
assured and his honesty is safeguarded. Someone who forsakes
the halochoh and does not toil over comprehending it,
is undoubtedly unable to rule, and cannot be certain of not
causing unintentional damage."
The Chazon Ish also writes (ibid., 3;24): "All the
ways of any person who has not acquired complete yiras
Shomayim though he may be astute or possess an analytical
mind, abound with contorted obstacles and bullheadedness.
Inner brilliance that accompanies common sense, to penetrate
to the refined point of truth, is pure yiras
Hashem."
HaRav Yitzchok Zilberstein is the rov of the Ramat
Elchonon Community of Bnei Brak, and the Rosh Kollel of Beis
Dovid in Cholon.
