After adhering to halochoh since its founding in Jerusalem
nearly a century ago, Shaarei Tzedek blatantly disregarded an
established halachic directive by removing organs from a
brain-dead patient.
The incident was particularly alarming since doctors at the
hospital allegedly pressured the patient's relatives to agree
to the organ transfer. Shaarei Tzedek officials have denied
the accusations, claiming that the operation was performed at
the family's request on the hospital grounds, although the
hospital's halachic guidelines state that in the event that a
family opts to donate organs the patient must be transferred
to another hospital.
Shaarei Tzedek was founded by Dr. Meir Wallach under the
halachic guidance of the late moro de'asra of
Jerusalem, HaRav Yosef Chaim Zonenfeld. The hospital operated
in accordance with halochoh throughout the years, strictly
abiding by all of the rulings issued by gedolei
Yisroel through the hospital's rabbinical committee, even
when the debate over autopsies raged in Israel 40 years
ago.
In recent years the hospital strengthened its adherence to
halochoh when HaRav Moshe Halberstam zt"l and HaRav
Yehoshua Neuwirth ylct"a were appointed to serve as
the halachic authorities, regularly consulting with
maranan verabonon. Under their guidance a total ban
was imposed on disconnecting patients from respirators or
removing organs from brain-dead patients. All poskim
agree that as long as the heart continues to beat the patient
may not be disconnected from the respirator.
Recently a patient in serious condition was declared
clinically brain dead. Deputy Director Prof. Shamash
consulted with the hospital director, Prof. Jonathan Halevy,
who was out of the country, and the two decided to go ahead
with the operation as soon as the patient passed away,
transplanting the kidneys to patients in critical
condition.
But Yated Ne'eman learned that staff members pressured
the patient's relatives to sign a consent form to have the
organs removed while he was still alive. The operation was a
blatant violation of various decisions by the hospital's
rabbinical committee, comprised of representatives for
gedolei Yisroel and the Jerusalem Eida Chareidis,
prohibiting the removal of organs from living patients.
For years HaRav Halberstam and HaRav Neuwirth stood fast
against attempts by top Shaarei Tzedek officials to strip the
hospital of its Jewish character.
Since HaRav Halberstam's passing maranan verabonon
have been discussing a successor to join HaRav Neuwirth on
the rabbinical committee.
Rabbonim and public figures cautioned that the recent
incident could lead to a demand for the Director's Committee
to replace the current board of directors.
In an interview published in Yated Ne'eman three
months ago, Hospital Director Prof. Jonathan Halevy said, " .
. . Gedolei haposkim, including Maran HaRav Eliashiv
shlita, forbid transplants in the event of brain-
death. Hospitals that operate in accordance with halochoh do
not perform organ transplants. Today, if attempts were made
to introduce organ transplants [at Shaarei Tzedek] the
hospital, which is run in accordance with the rabbonim on the
Rabbinical Committee — who consult with gedolei
haposkim including HaRav Eliashiv — would have sat
down to consider the matter in depth and clarify with great
precision what is permitted and what is prohibited."
Hospital Spokeswoman Shoham Rubio said, "This is not a case
of clinical death but of the family's desire to donate the
organs of their loved one who had passed away, being
completely brain dead. The Committee for the Pronouncement of
Brain Death was headed by Prof. Avraham Steinberg. The
hospital was about to transfer the deceased to another
hospital for organ removal in order to save the lives of
patients waiting for them, in accordance with the directives
of the hospital posek. But the family refused to agree
to the transfer and insisted that the removal operation be
performed at Shaarei Tzedek. As a result, in order not to
deprive living patients of these organs, the removal
operation was performed at Shaarei Tzedek by a team from
another hospital."
"From the moment we learned of the incident," HaRav Neuwirth
told Yated Ne'eman, "we passed on clear and staunch
objections to the hospital board in order to try to prevent
the murder of a dying patient, in accordance with the opinion
of mori verabi Maran HaRav Shlomo Zalman Auerbach
zt"l, Maran HaRav Moshe Feinstein zt"l and
HaRav Yosef Sholom Eliashiv ylct"a, who state that
such circumstances unequivocally constitute murder —
retzichoh shel mamash — but they would not
listen and we did not give them any dispensation. The
response we make now will be made based on consultation with
Maran HaRav Eliashiv shlita."
At a special meeting late last week following the scandal the
Jerusalem Eida Chareidis decided to take action, including a
protest and tefilloh day on Sunday.
