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Death and euthanasia in Jewish law : essays and responsa / edited by Walter Jacob and Moshe Zemer
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SOLOMON B. FREEHOF

may have the Sabbath violated for them and to what extent. The discussion involves the question of which patient is in real danger and which is not in immediate danger. Joseph Teomim then widens his conclusion from the Sabbath law to a more general application and says: If there is doubt about whether one patient is in danger, and there is no doubt that the other patient is in danger- if there is not enough medicine for both of them, we give it to the one who is in greater danger.

From all this discussion in the Talmudic and later literature, certain mood emerges. First, that one life is as important as another; and this must certainly be so in the eyes of the physician. Second, that ac­tively to take steps to destroy another life for our own benefit is not permitted. Third, that when it comes to a choice between people who are dying anyway, the choice cannot be evaded, but must be made(nothing is gained by allowing both men to die in the desert!). But as to whom 0 choose for survival, it must be on purely medical grounds, selecting the one who has a better chance of benefiting from the remedy. Of course, this is not an absolute test, because out of ten patients there may be two or three who could greatly benefit from the remedy. But at least this principle narrows the choice and in many cases can decide the case. So, while there is no case in Jewish legal tradition precisely like this modern question, there is enough in it to give at least this much guidance.

Addendum:

Dr. Julius Kravetz, a member of our committee, calls my attention to a sequence of passages in Mishnah and Talmud which points in the opposite direction from the conclusion arrived at above. These passages should be mentioned, not only for the sake of completeness, but also as a possible balance to the opinion expressed in the responsum.

The Mishnah(Horayot 111.7,8) says that a man precedes 3 woman(i.e., has prior right)"to be kept alive"(lehahayot) and to have his lost articles returned. But a woman precedes a man in being provided with clothing and being redeemed from captivity. A Cohen has

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