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Medical frontiers in Jewish law : essays and responsa / edited by Walter Jacob
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130 Selected Reform Responsa

2. The Committee expressed confidence in the medical professions ability to provide needed safeguards and to set proper standards.

3. Our support of this new legislation is necessary to correct the lack of uniformity presently found among hospitals and staff in determining the fact or moment of death. This legislation is, therefore, viewed as atightening up of standards.

4. The neurological definition of death serves an important function in view of the widespread introduction of respiratory­assist technology in hospitals.

5. Radiological methods for determining cessation of blood flow to the brains respiratory centers are considered a particularly valid test for neurological(i.e., brain-stem) death,(M.D. Tendler, ed., Medical Ethics, 5" ed., 1975, with addendum 1981). Hanaah, the problem ofbenefiting from the dead, has been discussed by Solomon B. Freehof (W. Jacob, American Reform

Responsa,#86). A transplant lies outside the scope of what tradition has normally understood as hanaah; this potential objection does not exist.

As we view the traditional reluctance in this matter, we feel that the desire to help a fellow human being, especially in these dire circumstances of piquah nefesh, is of primary significance. From our liberal understanding of the Halakhah , this is the decisive factor. The act of donating organs does honor to the deceased; many of those about to die would gladly forgo any other honor and donate organs for this purpose(Kid. 32; Shulhan Arukh Yoreh Deah 364.1, 368.1; Isserles Responsa#327). As the donation of an organ will help to save the life of another human being, storage until the time of proper use presents no problem. Progress in the future may raise new issues of use and lead us to