Ask The Rabbi...
May 7, 1994 Issue #20

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This issue is dedicated in memory of Nathan & Kate Seltzer O.B.M.

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This edition contains:
1.  Donation of Organs.
2.  Breaking a Glass at a Wedding.

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Rhoda B. Kabak writes:

Why are we not allowed to donate our organs after death?  My friends and I 
are interested in the basis for this. Would this not be considered a 
mitzvah if it ultimately saved a life?  Thank you for this opportunity to 
learn from home!

* * * * * * * * * 

Dear Rhoda,

According to Jewish law one is forbidden to mutilate a lifeless body, 
derive any use or benefit from the use of a cadaver or to delay the 
interment of any part of a corpse. If, however, there is an immediate 
possibility of saving someone's life, these prohabitions would be 
overruled, and not only would one be allowed to donate our organs after 
death, it would even be a mitzvah.

That's the theory.  In practice the issue is complicated by the fact that 
we must be certain that the patient is actually dead before his organs may 
be removed.  According to Halacha, death is determined by a cessation of 
biological functions as can be determined by external senses.  This means:  
No breathing, no heartbeat, etc., and that the body can no longer be 
restored to function as a living organism.  If the success of the 
transplant requires that the person's heart be working when removing the 
organ to be transplanted, the transplant would be forbidden according to 
Halacha.

In the first paragraph we wrote that if there was an `immediate' 
possibility of saving someone's life, one would be obligated to donate 
organs after death. According to The former Chief Rabbi of the British 
Commonwealth, however, even if we do not know of a specific emergency, it 
is permitted to donate organs or blood to donor banks provided that there 
is a `reasonable certainty' that they will eventually be used in life-
saving operations. 

Sources:
Nachum L. Rabinovich - What is the Halachah for Organ Transplants?, Jewish 
Bioethics, edited by Fred Rosner and J. David Bleich, Hebrew Publishing 
Company.
Fred Rosner - Organ Transplantation in Jewish Law, ibid.
J. David Bleich - Establishing Criteria of Death, ibid. 

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David F. Scott asks:

I have a question for your "Ask the Rabbi" series.  At a Jewish wedding the 
groom places the glass under his foot and smashes it into several pieces.  
What is the significance of this act? I have a friend who is soon to be 
married and he asked me this question.

* * * * * * * * * 

Dear David,

One reason is in order to remember The Temple and the glory of Jerusalem 
during The Temple era as it says in the verse in Psalm 137:

	"If I forget you, O Jerusalem, let my right hand forget its 
	skill.  Let my tongue adhere to my palate if I fail to recall 
	you, if I fail to elevate Jerusalem above my foremost joy."

So even at a time of "foremost joy," we smash a glass in order to remember 
the destruction of The Temple.

Another reason is based on the Talmud in Tractate Berachot:

"[The Torah] says `Serve G-d with fear and rejoice with trembling'... Rav 
Ashi made a wedding for his son.  When he saw that the Rabbis were getting 
`carried away' in their rejoicing, he brought out a crystal glass and broke 
it before them and they became subdued."

The authors of the Tosefot state that this is the source for the breaking 
of the glass at weddings.  We learn from this that even at an occasion of 
great rejoicing, one must take measures to ensure that the celebration 
remains within bounds of propriety.

Sources:
Shulchan Aruch, Oruch Chaim 560:2.
Tractate Beracot, pages 30b-31a.
Tosefot - Tractate Berachot, page 31a, "Aissi...."

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