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23 Kislev 5770 - December 10, 2009 | Mordecai Plaut, director Published Weekly
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NEWS
Maran HaRav Eliashiv Warns Against Taking Brain Dead Patients Off Respirator

By Yechiel Sever

Maran HaRav Yosef Sholom Eliashiv shlita said this week, "According to well-known halachic rulings, one may not do anything to a dying person, and doing so is considered as spilling blood." The remark followed a recent case in which doctors sought to remove a baby girl diagnosed as brain dead from a respirator, although her heart continued to beat. The remark came during the course of a visit by Deputy Health Minister Rabbi Yaakov Litzman to discuss halacha and medical care issues.

During the conversation they reviewed the question of how to determine the point of death for patients whose brain and respiratory system are no longer functioning, an issue that has drawn widespread public attention in recent weeks. In a letter written under Health Ministry auspices, Rabbi Litzman wrote that a patient can be pronounced dead if the heartbeat stops — in accordance with the family's wishes — a stance that conforms with halachic and legal rulings.

HaRav Eliashiv asked about the unfortunate case of a baby girl, Tamar Kahanovitz of Rechovot, who passed away on Friday. Doctors at Schneiders Children's Hospital wanted to take her off of life-support after she was diagnosed as brain dead three weeks ago.

Rabbi Litzman, based on instructions from HaRav Eliashiv, intervened in the case. He told Maran that the efforts made to prevent the hospital staff from carrying out their intentions set an important precedent.

On hand during the conversation was Maran's son-in-law, HaRav Ezriel Auerbach, who serves on the Ichud Hatzoloh Rabbinical Committee. During the visit the issue of friction between Magen David Adom and Hatzoloh volunteers also arose. Rabbi Litzman said he is currently drafting a general agreement to settle the matter, including special measures to safeguard the sanctity of Shabbos and other areas of halacha.

At the end of the visit Maran HaRav Eliashiv conferred his blessings for success on Rabbi Litzman in his work at the Health Ministry.

 

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