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NEWS
Halachic View on Transplants Explained
by Yated Ne'eman Staff

Community representatives have given advice on Jewish religious law to the Member of the Scottish Parliament who intends to introduce a Bill aimed at increasing the number of organ-donors.

With the support of the Scottish Parliament's Health Committee, Ochal MSP Dr. Richard Simpson wants legislation enacted in favor of "presumed consent" for organ- donation.

At present, consent for organ-removal is indicated by carrying a donor card. Alternatively, families of the deceased can agree that the person's organs can be used for donation.

Dr. Simpson will propose that, in future, Scots can "opt out" only by signing a central register stating that their organs should not be used for transplantation.

If no wishes against organ-donation have been expressed by the deceased, his or her relatives would be asked whether they had any objection to transplantation.

The MSP is in the process of consulting representatives of all religious faiths in Scotland before drafting his Bill.

The wide consultation process was welcomed by Barry Jackson, of the Glasgow-based Scottish Council of Jewish Communities.

"We suggested to Dr. Simpson that the transplant coordinator should be well versed in religious beliefs," he commented. "If the Bill becomes law, the Jewish religious authorities should be consulted where necessary, especially in instances where there is no family [of the deceased]."

According to Jewish law, a body should buried whole, but organ-donation is permitted to save a life. However, the head of the Glasgow Beth Din, Rabbi Avram Weiss--who has also held discussions with Dr. Simpson--said there were a number of halachic gray areas.

Safeguards would need to be applied to ensure that a body was not tampered with until there was "100 percent" certainty of death, he said.

"One can't even risk there being a slim chance of a person's being alive [before organs are removed], because that would be killing the person," Rabbi Weiss declared.

Dr. Simpson said: "The issues drawn to my attention by the Jewish community in Scotland were useful."

The points raised had "highlighted the need for proper training for transplant coordinators" in the religious laws of all faiths.

He added that his Bill would incorporate a clause that "would stipulate respect for an individual's religious and ethical beliefs during any course of organ-donation."

 

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