even in its entirety, we need, according to the halakhah, in order to determine brain death, also the absence of breathing and the absence of heart function including the lack of pulse and activity."*
We see that Orthodox halakhic pluralism exists in Israel . Those who are in favor of religious pluralism might see this is as a positive step forward. However, the result is a severe obstacle to organ transplants. What is the reason?
Israel has excellent surgical teams. It has the Chief Rabbinate’s decision which gave their hekhsher in 1986. However, there is a drastic shortage of donor organs. Unfortunately, Israel has a very high mortality rate from automobile and other accidents which result in head injuries and brain death. Desperately ill people , Jews and Arabs , are waiting for a heart or liver or other organ which will save them from certain death. The physicians turn to the family of the fatally injured for permission to donate the organ. Rabbis like Auerbach, Elyashiv , Waldenberg and their followers are constantly preaching and publishing their view that giving permission to extract an organ from their beloved dead is murder.
Mourning often involves religious regression. Relatives of the deceased, who are not orthodox or even traditional, may at this time of tragedy be influenced by such halakhic and theological harassment. The family may be subject to implantation of fear and guilt that they are murdering their beloved and disobeying God ’s commands. The result is that they refuse to allow the transplant. This refusal is a death warrant for the ill. In spite of all the progress with transplantation, with life support systems and the ability to determine a state of brain death and to find halakhic justification for each step, extremist religious groups are Interfering with the process of saving human lives.