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Posts Tagged ‘pikuach nefesh’

Coronavirus, the Halakha, and the Council of Experts

Monday, March 30, 2020 @ 04:03 PM
posted by Roger Price
Credit: cdc.gov

Guest Essay by The Freehof Institute for Progressive Halakha

At this writing, the COVID-19 outbreak has been declared a pandemic by the World Health Organization. Tough measures are being taken around the world to deal with the disease, whether to contain or to mitigate its spread, and to attempt to cushion its economic impact. Travel restrictions and quarantines are in effect in North America and Israel; schools and universities have moved to online instruction; large public gatherings have been banned. This crisis is a test of our ability, as individuals and as communities, to come together to do what is necessary to preserve the public health and to calm the rising fear that many are feeling.

Is there a particularly halakhic insight that might be helpful to us at this time?

It is well known, of course, that one of the primary values in Jewish legal thought is pikuaḥ nefesh , the preservation of human life, which overrides almost every other religious duty.1 From this mitzvah to save life, it follows that we must heed the advice and counsel of physicians and all others who are particularly qualified to diagnose, evaluate, and remedy dangers to human health. We read in the Mishnah (Yoma 8:5): “a person who is ill on Yom Kippur is fed according to the instruction of experts.” In other words, the mitzvah to fast on Yom Kippur, one of the most seriously-felt duties of the religious Jew, is suspended when the experts – Rambam, in his Commentary to the Mishnah, identifies them as “qualified physicians” – declare that the patient must eat to maintain his or her health. All this would seem obvious: if pikuaḥ nefesh is important enough to set aside even the most stringent prohibitions of the Torah, it’s reasonable that we ought to rely upon qualified experts to tell us just when life and health are endangered and what we need to do to alleviate that danger.

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A Nice Jewish Shot: Why Vaccinations are Kosher and Required

Thursday, June 19, 2014 @ 09:06 PM
posted by Roger Price

Let’s face it. Sometimes you can deny certain established scientific truths and it does not make much difference. You can, for instance, believe that the Earth was created about 6,000 years ago and life as we know it will still go on. OK, maybe Jon Stewart and certain professors and pundits will make fun of you, but as the little redhead Annie always reminds us, “the sun’ll come out tomorrow, bet your bottom dollar, that tomorrow there’ll be sun.”

If, however, you deny the safety and efficacy of approved medical vaccinations designed to prevent harmful, debilitating, even deadly diseases, such as polio, measles, hepatitis and tetanus, your belief may well make a great deal of difference to you, your family, your community and, indeed, all of humanity.

And yet, there are those who for a variety of reasons refuse to inoculate themselves or their children, or both, even when established governmental authorities require such action. While it is tempting to stereotype all such persons as undereducated or acting out of ignorance, some are not. Aside from the rare situations based on the medical condition of the child, some people object to a particular vaccine or procedure.  Others have broader religious, philosophical and personal beliefs that militate against inoculations. (See, e.g., here and here.) Some even may be part of an otherwise socially conscious community. read more

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Organ Donation: Holiest of Mitzvot

Tuesday, December 25, 2012 @ 10:12 AM
posted by Rabbi Shmuly Yanklowitz

When we pass from this world and our bodies enter the ground, do we merely wish to be remembered or do we wish to give the gift of life to others? For the medical, economic, and moral wellbeing of our society, the United States must change its policy on organ donation requirements.

Last week, we in my community were shocked and relieved when one congregant received a new kidney (a 100 percent perfect match, which is quite rare). After much pain and prolonged dialysis, she and her family are able to start a new life.

When my colleague and friend Robby Berman founded the Halachic Organ Donor Society, he sought to educate and inspire the Jewish community to save lives. Many had been confused by obscure teachings that Judaism was in some way opposed to organ donation, since, as some have told me, “I will emerge in heaven without that body part,” or that it is a violation of the dignity of the human corpse. Nothing could be further from the truth; organ donation is tantamount to pikuach nefesh (saving a life), one of the greatest of Jewish mitzvot. read more

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Judaism and Nuts: Ethics and Allergies

Sunday, October 21, 2012 @ 12:10 PM
posted by Roger Price

Credit: USDA

It is one of the most dramatic moments in the entire Torah. There is no lightening or thunder, no plagues or parting of the sea, just an elderly statesman appearing before his people one more time, to teach one more lesson before they part from each other, the people to cross the river and the old man to enter eternity. Having led for so many years with the assistance of signs and wonders, now he simply speaks words, hoping to refresh their recollection and inspire them. He reminds them of their history in order to set the stage for their future. He tells them again what they should and should not do, emphasizing that they will have to make choices, choices that will lead to prosperity or adversity, choices that will enhance life or bring death. This leader, this teacher, this Moshe urges them: “Choose life, that you and your children should live . . . .” (See Deut. 30:19; see also Lev. 18:5.) Not for nothing is the Torah known as Etz Chaim,  a tree of life. (See Prov. 3:18; Ezek. 20:11.)

This reverence for life is more than some gauzy good feeling. Judaism at its best is grounded in experience, rooted in reality. Centuries after the biblical authors first put quill to scroll, the rabbis in the Talmudic period considered situations where observance of biblical ordinances on the sanctity of the Sabbath might adversely, perhaps fatally, affect real people – a wall that had collapsed on a child but could be removed, a fire that could be extinguished. (See  Yoma 84b, see also, Yoma 83a.) Referring to an obscure statement in the Holiness Code which seems to prohibit standing by or upon the blood of your neighbor (Lev. 19:16), the rabbis formulated the doctrine of pikuach nefesh (the preservation of human life), the principle that all of the laws, all of the rules, and all of the regulations which are in Torah can be abrogated to save a life. There are three major exceptions, essentially related to idolatry, murder and adultery, but the bias is otherwise comprehensive in favor of saving the life of another: “Whoever saves a life is considered to have saved the entire world.” (See Sanhedrin 37a.)  read more

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