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Re-examining progressive halakhah / edited by Walter Jacob and Moshe Zemer
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Jewish Law Responds to American Law 159

nity. But irrespective of the exact words used, at its core would lie personal control over the manner of death, professional medical assistance, and the avoidance of unnecessary and severe physical sufferingcombined."

The Supreme Court in Cruzan®? determined that the critical element in the legal arguments concerning the constitutional right to be allowed to die was dependent upon the competent expression of a wish by the subject not to be maintained in a veg­etative state. Jewish law follows a different path.

There is a reference to assisted suicide in Biblical literature but not to euthanasia. It is related as tragic response to a specific incident, not as a resolution to a lingering, painful illness.* Bib­lical reasoning clearly emphasizes the continuing obligation to heal and prolong life. The obligation to save the life of an endan­gered person is predicated upon the Levitical verse,nor shall you stand idly by the blood of your fellow.?> The most eloquent statement of this principle was made with reference to the belief that all humankind was derived from the same primal ancestor.

For this reason was man created alone, to teach thee that whosoever destroys a single soul of Israel , scripture imputes[guilt] to him as though he had destroyed a complete world; and whosoever pre­serves a single soul of Israel 7° scripture ascribes[merit] to him as though he had preserved a complete world.*

This principle, however, does not obligate humans to assist others in the process of healing. From the point of view of bibli­cal Judaism , there is hubris in the activity of man in seeking and utilizing medical knowledge. Human interference in the God­ordained process of birth, growth, decline and death may be seen as betraying faithful fulfillment of the commandments. A literal reading of a text in Exodus places all authority and capacity to heal in the hands of God. I will not bring upon you any of the diseases that I brought upon the Egyptians, for am the iro your healer.?8 The Talmudic basis giving physicians t e extended responsibility to interpose themselves in Shion requiring medical assistance and introduce medical techno ogy is derived from a passage dealing with compensation for per sonal injury.When men quarrel and one strikes the other pic stone or fist, and he does not die but has to take to his bedi e then gets up and walks outdoors upon his staff, the assailant