128 Selected Reform Responsa

Jews. and of course, for us as Reform Jews. As the kohanim have no special status among us, the precautions connected with them have no significance for us.

There are no problems about the removal of the organs, but we must now attempt to define the turning point when “independent life” has ceased and can best do so by looking carefully at the traditional Jewish and modern medical criteria of death. The traditional criteria were based on a lack of respiratory activity and heart beat(M. Yoma 8.5; Yad Hil. Shab. 2.19; Shulhan Arukh” Orah Hayim 329.4). Lack of respiration alone was considered conclusive if the individual lay as quietly as a stone (Hatam Sofer Yoreh Deah#38).

All this was discussed at some length in connection with the provision by the Shulhan Arukh, that an attempt might be made to save the child of a woman dying in childbirth even on shabbat, a knife might be brought to make an incision in the uterus to remove the fetus(Shulhan Arukh Yoreh Deah 339.1). If one waited until death was absolutely certain, then the fetus also would be dead.

Absolute certainty of death, according to the halakhic authorities of the last century, had occurred when there had been no movement for at least fifteen minutes(Gesher Hayim 1,3, p. 48) or an hour(Yismah Lev Yoreh Deah#9) after the halt of respiration and heart beat. On the other hand, a recent Israeli physician, Jacob Levy, has stated that modern methods permit other criteria, and the lack of blood pressure, as well as respiratory activity, should suffice(Hamayan, Tamuz 57.31).

This discussion was important in connection with the preparation for burial, as well as other matters. When death was certain, then the preparation for burial must begin immediately (Hatam Sofer Yoreh Deah 338; Y. Z. Azulai, Responsa Hayim Shaul II,#25). In ancient times, it was considered necessary to examine the grave after a cave burial to be certain that the individual interred had actually died. This was recommended for a period of three days(M. Semahot 8.1). This procedure was not followed after mishnaic times.