Sanctity of Life (Pikuach Nefesh)

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CONTENTS. Acknowledgments viii About the Contributors ix Preface xi Introduction: Renew the Old, Sanctify the New 1

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Sanctity of Life (Pikuach Nefesh) What does sanctity of Life mean? Sanctity of life simply means that life is holy or sacred. In Jewish law, the term Pikuach Nefesh is used to describe the principle of preserving life. There are four basic ideas about Sanctity of Life: G-d is the source of life Humans are made in the image of G-d. This means they have a soul. Every life has a purpose Since G-d is the source of life, every life has a G-d-given purpose. Life is holy and must be preserved at almost all cost Even normally strict laws like Shabbat are broken to save a life. Only G-d can decide on life Since G-d is the source of life, only G-d can decide on beginnings and end of life

Issues related to Sanctity of Life How important is life? Important enough that to preserve it, almost every law can be broken. For example, Jews are supposed to fast on Yom Kippur, but if someone isn t well and not eating would threaten their life, then not only is it permitted to eat on Yom Kippur it is a mitzvah! In 1848, a cholera epidemic broke out in the city of Vilna. The local Rabbi, Israel Salanter, was advised by the doctors that not only the sick must eat but also those who were healthy must eat in order to have the strength to fight the disease. Rabbi Salanter didn t think it was enough just to make a ruling that all Jews must eat on Yom Kippur that year, because some religious people might view it as a leniency, and not follow the ruling. Instead, he went into his shul on Yom Kippur and from the bimah he made the proper blessings over wine and cake, and ate in front of the congregation. He told the congregation that he was not being lenient with the laws of Yom Kippur, but rather being strict with the laws of preserving life. Creating life In Jewish tradition having children is both a duty and a privilege. The first mitzvah given to humans was to multiply i.e. have children. In the Torah, we see in many places that being unable to have children (infertility) was a source of difficulty and seen as a curse. As science has improved, so too has the possibility of helping childless couples have children. Judaism approves of the use of these scientific breakthroughs. Whilst Judaism sees G-d as the spiritual partner to life, humans are commanded to do what they can to create new life (within the boundaries of marriage). One of the most celebrated modern doctors who has helped thousands of childless couples have children is Lord Robert Winston. He says, It is entirely natural that I, as a Jew, should be involved in this work. It is so much part of our Jewish heritage that childlessness is unhappiness. The suffering of women in the Bible, such as Sarah or Hannah when they cry out to G-d for a child is painful and moving

Saving and Ending Life 1) Abortion Abortion is legal in England up to 24 weeks of pregnancy under the Abortion Act 1967. However, if there is a substantial risk to the woman s life or to the foetus, there is no time limit. Jewish law is more complex. As we have seen, Judaism views life as holy and G-d-given, and so potential life needs to be seen from that viewpoint. Therefore, Judaism will disagree with abortion generally, as this prevents potential life from being created (there are similar issues with contraception). The general exception to this anti-abortion stance will come when there is a clear danger physical or mental to the mother by continuing with the pregnancy. In this instance, actual life takes precedence over potential life. Examples of when abortion may be permitted in Jewish law might include: The woman s physical health is seriously threatened by the pregnancy The woman s mental health is seriously threatened by the pregnancy The pregnancy is as a result of rape The foetus has a life-threatening or quality of life threatening condition It is important to note that a competent Rabbi would need to be consulted in every potential case of abortion. 2) Euthanasia Euthanasia is the painless ending of the life of a person suffering from a painful, incurable disease. There are two types of euthanasia active and passive and Judaism has different views on these. Consistent with the view that life is G-d-given, Judaism disagrees with active euthanasia because it views that every effort must be made to continue life. Active euthanasia will involve giving lethal doses of medicines to end life. It is forbidden by Jewish law to offer euthanasia even if the ill person themselves requests it. However, passive euthanasia may be different. This is when life-prolonging treatments are stopped when a patient has a life-threatening illness, and nature can take its course, while keeping the patient as comfortable as possible.

3) Organ transplants There are two types of organ transplant: from a living donor and from a dead donor. Jewish law will support organ transplants from a living donor through the question of how far does someone endanger their own health by donating an organ e.g. a kidney. Most Rabbis will agree that it is permissible for a living donor to donate an organ if they are in good health and the receiver needs it. However, no one is obliged to do this, as there is always a risk to life. Using an organ from a dead donor raises more problems, but generally it is permitted in Orthodox Jewish law to use an organ from a dead person provided that a) the donor is halachically (by Jewish law) dead (and not killed for their organ) and b) there is someone ready to receive the organ (and that it is not just donated to medical science). One may not murder someone, no matter how close to death they may be, in order to save the life of another. Animal life We have seen above what Judaism says about human life. There are two main principles governing the Jewish attitude towards animal lives: Animals are G-d s creatures and therefore must be treated as such BUT Animal life does not have the same value as human life There are many laws that protect animals. Judaism insists that one of the 7 Noachide Laws that non-jewish people have to keep include not being cruel to animals. Jewish laws about animals include: Animals must also rest on Shabbat. At harvest time, an animal could not be muzzled so it could eat as it worked. An ox and a donkey are not allowed to pull the same plough. At the same time, animals are permitted to be killed (although only certain animals for food and through specific methods never for sport). Experiments on animals are allowed in Jewish law if it is clear that it will lead to finding a cure for disease or improving medical procedures. Diseases such as diphtheria, smallpox and polio have been eradicated using animal experiments.

Herat, kidney and liver transplant techniques have been perfected through operations on animals. Is ending life ever OK? We have seen that in a situation of self-defence, it is often permissible to end someone else s life. This would certainly apply to soldiers. In some States in the USA, capital punishment is the penalty for severe crimes such as murder. What does Judaism say about this? The Talmud states that although capital punishment is part of Jewish Law for certain crimes, a court that carried out a death penalty once in seventy years was considered bloodthirsty. How can this be the case if they were only following Jewish law? There is all the difference in the world between a threat and carrying out a punishment. Using the strongest language is a preventative measure, and in reality Jewish courts must try every possibility to avoid carrying out capital punishment.

Sources of Wisdom 1) Do not kill (Shemot (Exodus) 20:13) 2) In whatever body and whatever mind, there is a soul cast in the image of G- d (Lord Sacks) 3) Whoever saves one person saves an entire world. (Mishna Sanhedrin 4:5) 4) If a woman is having a very difficult labour, the embryo can be removed because her life takes precedence over its life. (Mishna Oholot 7:6) 5) A person is born against his/her will. A person dies against their will. A person has a reckoning before G-d against their will (Ethics of the Fathers 4:29)

Questions and tasks 1) Sum up the Jewish attitudes to Sanctity of Life, referring to at least three sources of wisdom 2) What is infertility and how does Judaism deal with it? 3) A woman has the right to do what she wants with her body. What would a Jewish response be to this? 4) Research about the Eichmann trial in Israel in the 1960 s. Do you agree with how the trial came about and the outcome? 5) Sum up the different Jewish attitudes to human life and animal life. 6) In England you have to opt-in (i.e. give consent) for your organs to be donated. In Wales, you have to opt-out from having your organs donated. What is the Jewish view on both of these?