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Life After Death: Brain Death and Organ Donation in Halacha- Rabbi Aschi Dick | November 12th 2025
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Uh the Okay, I have a few lessons from
this. First impressions are important.
Uh second lesson, if you need to get
anything printed from Graphos, please
bear this in mind. They don't do small
prints in the print shop. They send you
to the uh to the shop next door and
their printer is brain dead. Okay.
Obviously uh
>> brain dead.
>> Heart dead. Brain dead.
>> Okay. It's one of those slow printers
that kind of you watch every paper
coming out, you know.
So, yeah, the print shop took 20 minutes
to print 15 sheets. Thank you, Raam.
Thank you for your patience.
Nice to see you, Harry. How you doing?
>> Harry's a regular of ours on Thursday
nights in all.
>> Harry, I'm usually on time, right?
>> I am. I am okay.
So anyways, today the topic is brain
death.
Now this year is a takes we when we did
this year in our other program we spent
between eight and 10 hours on it. We are
going to try to do this topic.
>> What time did this year end?
>> 40 minutes.
>> 40 minutes. Okay. So, we got 40 minutes
to cover a topic that normally takes us
between 8 and 10 hours. Thank you, Rabbi
Sam.
Thank you for the opportunity.
>> Yeah, there's going to have to be some
sharing. If I would have had to print uh
pages for everyone and I would have been
here in another half hour. Uh so,
anyways, the topic is brain death. Uh
right now, simultaneously, we're giving
a share on abortion. Now abortion and uh
brain death are twin topics because
abortion is about the question when does
life begin. Brain death is about when
does life end. Okay. So this topic has
become very important become very
controversial in the last 30 years or so
because of organ transplantation
uh in or if you accept the brain death
criteria which we'll have to discuss
very soon that would mean that you'd be
able to take the kidneys the heart the
cornea other essential organs and you'd
be able to transplant that into others
that would be able to save lives. A
number of postkin that we'll discuss,
they maintain adamantly that that's the
absolute obligation. You need to take
these organs even from a person that's
what we call clinically brain death.
Brain dead. You have to take those
organs. You have to transplant them so
you can save other lives.
You can't stand idly by when you have
the ability to save someone's life.
Other post can maintain adamantly that
no, that's tantamount to murder. You're
taking the heart out of a person that is
hahically alive because his respiratory
system is functioning. Other circulatory
systems are functioning. Are there any
doctors here in the room? Any doctors?
Okay. So, don't don't hesitate to uh
chime in. You can give your two senses
if you have some medical expertise that
could add or question anything that
we're saying today. Okay. So in 1968
uh there was a group of doctors from
Harvard University that were
commissioned to determine the point of
death. Uh at the time there was advanced
machinery available that could keep the
respiratory system functioning.
Uh the lungs are pumping oxygen to the
blood. The heart is pumping blood to all
the internal organs getting that vital o
oxygen to the internal organs. So they
don't start to degenerate and thereby
you can keep the person you can keep the
internal organs alive and vital but the
brain is not getting blood flow and the
brain is starting to degenerate. There
is the brain is not impacting the
functioning of the body anymore. It's
what we call brain death. Uh so 1968
Harvard came out with the whole brain
standard. Meaning to say that once the
entire brain is no longer functioning,
there might be some residual life in the
brain, cells that are still alive, but
ultimately the brain is not
impacting the functioning of the body.
So the determination was that that
person is clinically dead. In 1981,
most states accepted this standard. Uh
therefore making it legal to take vital
organs out of a person who no longer has
blood flow to the brain.
In 1981, as I mentioned, most states
accepted the standard. Since then,
right, this standard has been changed. A
lot of states no longer adhere to this
standard. Um, a lot of states now
consider somebody to be dead even prior
to that stage. There's a stage of
cerebral death, which means to say that
just without getting into giving a
biology class, there are three major
anatomical regions in the brain. You
have the cere the cerebellum that that
controls muscle functioning and other
things. And then you have the cerebrum
which is responsible for higher mental
functioning, emotions, the ability to
communicate etc. And then you have the
brain stem. The brain stem is very much
in charge of involuntary functioning
things like reflexes etc. Okay. So you
can have somebody who no longer has a
functioning cereum. So therefore he's
not capable of higher mental
functioning. But the all the in
involuntary functioning the uh the
respiratory system and other circulatory
systems in the body that that continues
to function because of the brain stem.
Okay. Now there's the medulla nerve
inside of the brain stem that sends a
signal to the lungs to pump oxygen. Um
so therefore for a person's brain stem
is intact. It's healthy. It's vital. A
person could still the body will still
continue its respiratory system. A
person will breathe. His internal vital
organs will be functioning. uh because
of the introduction of advanced medical
machinery. So even if the brain stem
dies uh the machinery could fill in and
the m the machinery could have the lungs
pump the oxygen. The heart is a semi
autonomously functioning organ. The the
heart can continue to pump blood even
without a direct command from the brain.
And that's why as long as the uh heart
is getting the oxygen that it needs and
the the organ tissue is vital the heart
will continue to pump blood. Okay. So we
have to discuss both cases. We have to
discuss a case where the person
what we call uh cerebral death no more
higher mental functioning and the whole
brain death which means to say the
person's brain is completely no longer
functioning. Okay. Is that clear?
>> Yeah.
>> Okay. If that's clear, that's just a a
regal. It's a fiveminute biology class
from somebody who's not a doctor and
somebody who's not a biologist. And the
doctors here can feel if they feel that
there's any more vital information.
Uh I'm going to look today at some of
the historical aspects of this
controversy, some of the hakic aspects
of this controversy. Um
what happened is that in uh the RCA, the
Rabbitical Council of America
commissioned a group of rabbis to come
up with a view. This was in August 1991.
Okay, this group consisted of Rabbi
Shalom Rifkin. You can look at part C of
your reference sheet. I'm not going to
go through the entire introduction. I
welcome everyone to take this sheet home
or if you have the sheet on your phone
to read it after the share you can fill
in some information that I don't have
time to provide. So just on the first
bullet note in part C of this year in
August 1991 the majority of the Val
consisting of Rabbi Scholam Rifken Rabbi
Hershel Shakar Rabbi Israel Wagner Rab
Morai Willig they issued a response
rejecting both a permanent sessation of
spontaneous respiration and brain death
is the criteria for determining death
which means to say that they considered
somebody dead or certainly dead only if
all the systems in the body have uh
completely stopped to function.
Um, two members of the favored the brain
of criteria
and Mosha Tendler. Raos Mosha Tendler
was extremely Is there any way to uh
keep this from uh anybody know how this
thing works?
Okay. Thank you. It's very kind.
Appreciate it. Thank you so much. Okay.
So, Rabbi Rabbi uh Rabbi
Mosha Tendler, as many of you probably
know, was the son-in-law of Mosha
Feinstein.
>> Okay. And he was very vocal about this.
Yes.
>> Could you say there on the page of his
>> Yes. Yes.
>> Part C.
>> It's part C. You have the you have you
have part page number two, the second
page on your reference sheet.
>> Part C. The first bullet note.
Yes.
>> Does an EEG measure only higher brain
function or the entire brain's function?
>> That's a subject to debate. I've looked
at papers on this. I get contradictory
information. And as you may know, part
of the challenge of this whole thing is
that you look up one paper and it says A
and then you look up another paper, it
says the opposite. It's very confusing.
There's a lot of debate surrounding
that. Uh we're going to talk about some
of the debate regarding the accuracy of
the test that came out in the times that
Ra Mosha Feinson was asked about.
Um basically in order to determine that
a person is brain dead and according to
Rabbi uh according to Rabbi Tendler this
is the best way to determine that the
brain is already degenerating the entire
brain is degenerating is they put a
harmless radioactive dye into the
bloodstream. uh the the radioactive die
is detectable on an X-ray machine. So
they can actually see the blood flow
throughout the body and they can see
that the blood is no longer flowing to
the brain. The blood the brain is not
getting the the blood flow. It's not
getting the oxygen that it needs. So
what happens is is that the brain starts
to uh degenerate. The brain no longer
impacts the bodily functions and then we
can know that the person is brain dead.
According to Rabbi Tandler, this test
has 100% accuracy or almost 100%
accuracy. Definitely good enough for
standards. Yeah.
>> You said that the heart will keep
pumping on its own.
>> Yes. The heart is
>> the heart will only pump as long as it's
getting oxygen.
>> Correct. The heart needs the oxygen.
>> The lungs will not the the the the
lungs need the command from the brain in
order to pump oxygen. The heart will
continue to pump as long as it gets the
oxygen that it needs to stay vital. It
doesn't need the direct command from the
brain in order to pump blood. So that is
why as long as you have advanced
machinery keeping the lungs pumping
oxygen into the into the uh into the
into the heart into the blood then the
heart will continue to pump the blood
that it needs to pump. Okay. So uh I've
read other papers that contradict that
and that's one of the challenges with
regards to brain death. uh can is this
test accurate enough? This test of the
uh the harmless radioactive dye being
put into the blood and being able to see
the blood blood circulation in the body.
Is that test good enough? Rabbi Tandler
was very adamant that it is good enough.
Uh as you probably know, Rabbi Tendler
was a professor of biology at Yishid
University. He also sat on the medical
ethics board. He was also a risha there.
And if Mosha Feinstein in aua accepts
his son-in-law's assertion that this
test is reliable, it's almost 100%
accurate, good enough for standards. Uh
definitely better than the test provided
in the Gumar Numa. The Gomar Numa says
that you can determine a person's uh
status whether he's alive or not by
putting a feather on his nose. Okay. The
test of putting this rate this harmless
radioactive dye into the blood is better
than the test provided than provided to
we know that because in
is the bright the tan teachings that
discuss life and death you they use it's
titled with a euphemism
right it's not a very happy just like
the topic of the shir is not very happy
right that brighter is not uh doesn't
cover very happy stuff but it's called
and there are cases recorded where they
thought the person was dead and he was
already in the room of the kadisha and
then all of a sudden the person you know
starts to gag or whatever they see the
person is alive and so has a lengthy tr
about it. He says yes it could happen
but it but the likelihood of that
happening is not enough for to take it
into consideration. In other words does
rely on high probabilities. We don't
need one. there is very hard to find
anything in life that is 1,000%
accurate. Okay.
So, this became a point of of very
strong contention.
Rabbi um Rabbi Tandler went around the
world giving lectures and he was very
passionate about it. He was very angry
about it. He considered it uh extremely
problematic that the Halaka community
didn't accept his you. He said we have
the opportunity to save lives. And he
made a very compelling argument.
What was the crux of his argument? He
made a very good argument. And it's very
hard to deny the validity of his
argument. Once there's no blow blood
flow to the brain, the brain starts to
degenerate and becomes basically a
rotting mass of tissue. Excuse the
expression. Okay? It becomes a rotting
mass of tissue. Uh we definitely know
that if somebody was anatomically
decapitated, he's dead. There's even an
expression in what is the quessential
certainty.
Anybody familiar with that expression?
Which is basically an expression that
conotes absolute certainty. Is there
such a thing as chopping off the head of
a chicken and then considering the
chicken alive? Therefore, if you want to
say something is certain,
it's an explicit mission. The Mishna and
Alas tells us that decapitation is the
most final standard of death. Now, a
rotting mass of tissue shouldn't impact
the body. That's virtual decapitation.
There's no reason why somebody who is
anatomically decapitated, we definitely
view him as being dead, there's no
reason why somebody who has a rotting
brain, why he should be considered
alive. The rotting mass tissue has no
impact on the person's life. So for
example, if let's say they managed to
decapitate someone and they managed to
stop the loss of blood. They managed to
freeze the obviously a person the whole
body would go because it would be too
much blood loss. But let's say they
could manage and they have managed to
let's say decapitate somebody and
immediately stop the blood flow and then
the person's kept alive on a respirator.
Is anybody going to argue the person is
alive? Nobody could argue that that
person is alive. So therefore just
because there's a rotting mass of brain
tissue that doesn't that should not
render the person alive. That is on
Regal Aas, the synopsis of everything
Rabbi Tendler was arguing and it's very
compelling. It's very convincing. It's
hard to argue with that. Am I being
clear? Any questions? I'll take some
time for questions if anybody has.
Okay. I'll take that as a compliment.
>> Okay.
>> Yes.
Templar doesn't describe how long the
sessation of blood was detect detected
is not occurring. Correct.
>> You could have in one moment of time and
then it was restored and then correct.
>> Thank you for pointing that out. You
make a very valid point. In other words,
how long do we need to wait? How long
does it take for the brain to start
degenerate? Well, they can keep a person
on a respirator alive typically
definitely from 2 to 10 days. There have
been recorded cases of somebody being
kept alive in a respirator for 10 years
even. Okay. Um but in those two after
the blood has not been getting after the
brain has not been getting blood for
that amount of time there's no way that
the brain is still vital or functioning.
Okay. So in other words didn't say that
you know the second you see this the the
the blood isn't flowing to the brain
okay let's count a minute right the
magur is laid already 10 minutes let's
go let's move on let's take the person's
hearts and no obviously you have to wait
a reasonable amount of time where it
could be determined beyond any doubt
that the person's brain is no longer
impacting the functioning of the body
okay so I like to uh in these in this
short amount of time I want to address
something that I think has been
overlooked When the Harvard criteria
came out in 1968, the medical field
assumed that if there is a functioning
brain stem, the person is very much
alive. And the post can never question
that. They said if the medical community
considers somebody with a vital brain
stem alive, then certainly
the considers that person alive. And the
only sh is the only doubt is is more
stringent. Maybe says that if there's
still circulatory functioning and uh and
respiratory functioning, maybe the
person is alive. But I'd like to rewind
and take a step back and I want to
question that as well. Maybe the is more
mal. Maybe the considered somebody who
cerebral who has already a dead
cerebrum. Even the cerebrum is no longer
function. Maybe also considers the
person dead. I I want to question
everything and uh I want to get into the
topic of trif. So now I jump to part
two, the Hebrew section of your
reference sheet. That means I'd like you
to turn to number three in the reference
sheet. The page number three in the
reference sheet with the header part
two. Can you see that?
>> Now the Hebrew header says get
again I want to reemphasize what I said
at the beginning of the year. We're
taking about 8 to 10 hours of sheer
material and I'm condensing it into
about
20 minutes, 25 minutes. So, we're just
basically going to see some of the key
points. I just want you to also bear in
mind that there's a lot more material
out there that has to be discussed. Uh
there's a lot out there. I'm just giving
you some of the basic points. Okay. So
uh the mission describes a traa. Now
traa is somebody or an animal who has an
endured an internal or an external
injury. Okay, he has the status of a
traa. We're talking about somebody who
has an injury that will inhibit him from
living more than 12 months is the status
of a traa. Uh how does view a traa and
what is the definition of a traa? Those
are the two questions that we want to
handle.
Yeah.
>> If the is more lenient in terms of the
person being dead, then
>> yeah, it's not going to help you.
Nobody's going to do a train.
>> Correct.
>> Exactly.
>> Correct. There would be no you would be
anyways barred because of government.
Although today there are countries like
Canada and some European countries that
permit youth in Asia. Okay, let me share
a story about youth in Asia. This was a
close relative of mine. She's in the
kadisha. Nothing like a good story but
not for the weak-hearted. Okay, I don't
want anybody coming back to me afterward
and saying you gave you made me feel
depressed or whatever. I can't help it.
Okay, I have a tendency of talking about
depressing things. Okay, but you are
forewarned. Okay, don't I want you to be
warned. I have a very close relative of
mine in the kadisha. She comes into the
office and the head of theisha is uh is
panicking. He's he's hysterical. They
killed her. They killed her. They killed
her. He says, "Sit down. have a glass of
water. Okay.
Thank you. And uh tell us what happened.
He says, "Well, I got a call this
morning. I was invited to a certain
address to pick up the body. I walk in
and there's a lovely older woman there.
She says, "Have a seat. Uh a lovely
booby, and she's talking about her
experiences during the Holocaust. She
was in a bal and she was chatting for
about 20 minutes. She says, "I'm sorry
about the delay. The doctor has to
arrive. He's coming. He's late today."
Okay? I'm not the only one. And what
happened is that the doctor finally
walks in with his briefcase and uh the
doctor says, "We'll be out in 20
minutes. Please excuse us." And then the
doctor walks out and he says, "You can
take the body." She says, "Where's
Booby? She's inside." Woman, I didn't
come to pick up Booby. I came to pick up
her husband. Her husband died 10 years
ago. He walks into the room. The doctor
just gave a lethal injection to this
woman. Okay, that is a true story. I
know the person with whom it happened.
Uh it's totally true. The children
convinced the the mother to
>> accept government services
and uh save them their inheritance
and that's a story. So that's
euthanasia. Okay, that's one aspect of
euthanasian Canada
>> to push the whatever it is. The I think
the doctor put the put the le I don't I
I would imagine the doctor I don't think
the doctor gives the person here take
this le
>> put in a plunger somebody just hit a
button
>> whatever that's a true story I have I I
know I can tell you exactly the the
witness of this person I know that this
story is 100% true so therefore it does
have kamina there are many countries
that will allow you to take the internal
organs even if somebody's even in a
persistent vegetative state okay so it's
not unheard of there are countries that
no longer wait for the whole the whole
brain standard. They no longer adhere to
the Harvard criteria that requires that
you wait until the entire brain has
died. They'll take the they'll take the
vital organs even prior to that stage of
let's say the person has reached
cerebral death. Okay. So the Mishna is
describing different types of tra. Again
to repeat myself, tra is somebody who
sustained an internal
or an external injury that will inhibit
him or her from living 12 months. One of
them as I point out here on the reverend
tree number one is
that the membrane of the brain has
become punctured. Uh we have the skull
and underneath the skull there are two
membranes. There's the outer membrane
and the inner membrane.
um how large does the puncture need to
be? So there's two different opinions.
Basil says as Gmorin that we're talking
about the size of a cella okay we're
talking about a few centimeters 2 and a
half centimeters approximately
explains that once there's a hole in the
skull to points out the people have
survived and lived for extended periods
of time with a hole in the skull. I
heard stories that's how you used to
relieve migraines. Did you ever hear
that? headaches, please make a locking
cup. I don't know. I don't know if it's
true, but anyways. So, once there's a
hole in the skull and the outer membrane
has been punctured, Ty says inevitably
that will lead to the inner membrane
getting punctured and that will cause
brain damage that will inevitably lead
to the person's death within 12 months.
So, that's one of the categories of
trauma. Now I'm arguing in case I don't
see how a person whose brain is dead
could could not be regarded as a traa.
If the puncturing of the membrane
already renders the person a traa, is
there any more room to argue that the
person without a brain is not a traa?
That would be impossible to argue. I
can't see how anybody could argue such a
position that with a a punctured
membrane is a is a tra, but a person
with no brain at all is is not a tra. It
just doesn't make any sense. So I think
that it's I can think we can reasonably
assume that if somebody is brain dead,
he definitely has the status of tra.
Does anybody disagree? Anybody want to
>> play devil's advocate?
>> Yes. Go ahead.
>> My great nephew was in a terrorist
incident. He lost a quarter of his brain
and he's alive today.
>> But I'm sure there was a lot of his
brain that was still vital and and
functioning. And we're talking about
somebody who's
>> But they did get another skull from
Europe.
>> Wow.
>> Should be well and he should have
>> not he used to be but he's alive.
>> I know that the I know I know that um
there was one soldier I I I do I forgot
his name. I regret the fact that I
forgot his name. He was very much
injured when we had this war in Aza. I
think it was about long time ago. He
works for the OU. He was the most
seriously injured. I think it was maybe
Tokan or I can't remember which were and
also you look at him there's a large
part of his head is missing but he he's
he lives a very fruitful life
>> 17
>> 17 okay
um so anyways
so
so I think that we can say the student
that somebody that I would go further
than that I would say even somebody who
cerebrally who who has who has
experienced cerebral death which means
Even if he has a functioning um brain
stem, I think he's still also considered
a traa because the brain damage that
would be caused because of a punctured
membrane is not greater than the death
of the entire cerebrum.
Okay. So stage number one that I'd like
to do is determine that somebody's brain
death is a trauma. Okay. Stage number
one, that's the first floor of our
edifice. Now let's advance. Let's move
to the next section. Number seven on the
reference sheet. Everybody please look
for number seven on the reference sheet.
Okay.
Statement from the
everybody agrees.
Now before anybody gets any mistaken
impressions, you are not allowed to kill
a tra. Okay? Nobody should go home and
say the rabbi said you can kill traers.
Okay? Uh the garra said that you're not
going to be subject to the death penalty
if you kill a tra which means they say
it's completely forbidden but it doesn't
fit the bill to invoke the death
penalty. Okay. So somebody who sustain
sustained an injury that renders him a
traif
the perpetrator has committed an act of
murder but won't be subject to the death
penalty. Okay. Now Rashi uses a very
extreme language number eight in the
reference sheet. First of all, I find it
interesting that the example that Rashi
uses for the tra is
either the windpipe has been punctured
or the membrane of the brain has been
punctured. I find that interesting.
Rashi could have picked many examples.
Rashi has done us a great service. Thank
you Rashi for picking the example of a
punctured brain membrane. Okay. Rashi
says
he's considered a dead man.
I know some people might find that
expression offensive. He's a dead man.
He can hug his grandchildren. He's still
alive. He can communicate.
But in very technical
criminology ter criminology term, he's
called a godila. He's called a dead man.
Meaning to say that he's not going to be
able to live long enough so that if
somebody kills him, the perpetrator will
be subject to the death penalty. the
yama havi abuafi of 12th century Spain
he takes it even further an even more
extreme expression I want to read the
bold section number 10 in the reference
sheet please look at number 10 in the
reference sheet
which means to say is something that's
detectable and it should be pointed out
that a ghostace anybody know what a
ghostace is a ghost is somebody who's
terminally ill a person who's on his
deathbed very hard to know exactly when
a ghost is. I was once at the bedside of
a goes and I was putting up a shar
trying to look through postkim
to find somebody who defines the exact
moments that a per the exact point in
time when a person is called a goes
because you're not allowed to touch a
ghostace.
Uh
I know I know of a family relative who
was a goes and her family members were
holding her hand. So the last time I
gave a shir on this was three and a half
years ago. I asked the crowd does
anybody know a hater to hold the hand of
a dying person. Nobody gave an answer.
There was one woman who sent me an email
from Orbach
says that if holding the hand of the
goes comforts that person gives and then
you're allowed to hold the hand because
it won't shorten his life, it'll prolong
his life. You're not allowed to do
anything that will shorten the life. But
doesn't approve just
>> intuitively made that. So here I was I
was recently at the bedside of a ghost
face and I wasn't sure am I allowed to
hold the hands of the person? Am I
allowed to massage the person? I didn't
know what to do and here I am standing
sitting next to dead a dying person
trying to figure out if he's a ghost or
not. A goes is somebody a goce is
considered fully alive not like a traa.
What's the difference between a ta and a
goce? The adram says a traa is somebody
who's been injured externally or
internally but he's been injured and the
injury is detectable. A goes has an
internal disease that's not detectable.
So somebody asked very validly well
today if somebody god forbid has cancer
you can look under a microscope and you
can see the cancerous cells does that
mean that even a ghostis today has the
status of a traa? I don't have an answer
to the question. Okay I don't know. I'm
leaving this question unanswered. Um so
if a person kills a goes
misa he could be executed in a in a
human tribunal. If somebody kills a ta
he lacks the technical requirements to
be subject to the death penalty. The
let's continue reading in the number 10
in the reference sheet bear with me. Uh
uses the same expression as
he's not even considered auesh
is a soul. He's not even considered a
soul at all. I don't know what that
means. That's a very extreme
terminology. The seems to be saying that
somebody who's a considered
whoever rendered him a he could be
subject to the death penalty in a court
of law. So the Gmorans and describes
where a person was uh bashed up by a
whole bunch of people by a gang. That's
what the Gumar in in Sanhedrin describes
somebody a gang came with baseball bats
and started smashing this guy to pieces.
So says the Rama based on the Gumarra
whoever made him a traa he's the he's
the murderer. He's the one that's going
to be executed and based in the person
who brought to his final death won't be
subject to the death penalty. He'll be
punished. He's a criminal but he can't
get the death penalty. So whoever makes
the person whoever uh caused the fatal
injury, he's the murderer. Whoever
caused the victim to become a traa, he's
the murderer because once he's a Rashi
says he's a dead man or the says
he's not even considered a nephesh.
Okay, any questions? Go ahead.
Okay, you guys got to work it out. What
if the victim doesn't die within that
year?
>> So then he didn't make him a traa. A
traa is somebody who won't be able to
live for 12 months.
>> Yes.
>> When
he's considered tra is is he awake that
that time?
>> Yes, he's fully conscious.
>> I'm saying but he's not considered
living.
>> I know it's like a it's a in some sense
he's considered living because he's not
mama. He's not mama. The says that if
somebody's dead, he he spreads tuma. A
cohen is allowed to be in the room. So
he's not really dead, but he's somewhere
in between. He's some he's in some stage
that that's hard to define. He's not to
he's not really dead because he's not
mama. A cohen is allowed to be in the
same room as he is. But on the other
hand, when we look at it from a
criminology point of view, from a point
of view as to whether or not you can
subject the crim the perpetrator of the
crime to the death penalty, we look at
him as though he's not a nephesh. So
he's something in between,
>> but he can sign a get.
>> He can sign a get. Exactly. He can sign
a get. Okay. So you see that the
standard for death when it comes to to
tuma and writing a get has a different
standard than when it comes to taking a
life and being subject to the death
penalty.
>> Yes.
>> A one year period.
>> Yeah.
>> He could have contacted admission
because he was diet.
>> Correct. So Rashi and the post can point
out that that that we have to consult
with the doctors in order to determine
what exactly caused his death. Okay.
phrase
determines the the the status of a
person based on the medical opinion of
doctors. Okay. So when they came up with
the uh co 19 vaccine some people said
should we take the vaccine should we not
take this that was not a question for
rabbis. It was a question for rabbis and
the rabbi tells you that tells you
that that's something that has to be
determined by the doctors. Okay? And
we'll talk about that more if we have
time at the end of this year because
it's a very critical point. So now let's
move on to stage number three. Now let
me repeat myself. Stage number one was
to determine that a person whose day
brain death has the status of a traa.
Stage number two was to determine that
if somebody kills a traa, he's not
subject to the death penalty because he
hasn't committed full murder.
There are few other examples of that in
shas the garra in adorim it's a very
bizarre story so I like stories so let
me tell you this gummor
made his pilgrimage up to Israel he was
on the other side of the Jordan River
and he sees two guys get angry at each
other and one guy kills his friend he
takes out a knife and she's his friend
so this mafionire turns to and said did
I do the right thing now knows that if
he would tell the guy you did the wrong
thing, right? He would kill Tony would
kill as well. Okay, so what did Ula
said? No, no, no. You did. You're all
good. You're all good, Tony. You know,
right? And then does something even more
bizarre. He says, "Yeah, finish the
cut." So he comes back to right or the
people that were present complained,
"Why did encourage him?" So said he had
to save his life. If he didn't suck up
to this mafian, then would have also
been killed. He would have been next on
the hit list. So a number of posts can
point out fine it's okay but how could
you encourage the guy to murder somebody
how could tell him to finish the cut and
you know the answer because he was
already a traa
because the guy was already a traa so if
he didn't say finish the cut he might
make the mafian upset and he might be
the next v victim on the hit list so the
gar says it was okay for him to say to
finish the cut because he was only
telling somebody to cut off the head if
somebody was already a A very bizarre
stuff other examples of this uh I'll
skip them because the point I think is
clear. If you have time you can look at
number 15 and 16 in the reference sheet
the garin. But I want to move on to part
number three which is the next stage the
next floor in this edifice.
Uh are you allowed to give up the life?
Are you allowed to kill a tra to save
somebody who's healthy? That's the
question. Um
famous
please look at number 17 in the
reference sheet
famous
you can't kill somebody to save your
life and the expression the garumar uses
I put it in bold number 17 the refugees
the expression goes
that's Aramaic who says your blood is
more red than his blood okay you can't
kill somebody imagine that uh imagine
that you have the greatest people of
Israel. I don't know everybody pick
their hero. For some people it might be
a great rabbi, Raf Salvetic, Raf. I
don't know. Pick your pick pick the
person who you think was the greatest
man in history. Lamba, I don't know. And
then you see they bring over some
schleer from Takazid. He lies on a
sleeping bag. He reeks to high heaven.
He sits there with a can, right?
Pestering people for for change. Okay.
So, a lot of people would say, "Look,
Mr. Tell the Ram either you kill this
homeless man or we're going to otherwise
we're going to take your life." No, the
Ram says I have to die. Doesn't sanction
me to determine that my life is more
important than this guy's life. Halak
unequivocally states that nobody has the
right to say whose life is more
important. Okay? And the expression is
who says your blood is more red than
mine etc. Thei number 18 in the
reference sheet describes a Mishna a
Jewish city has its enemies lay siege.
Okay. So the enemies are surrounding the
city and they say hand over someone or
else we're going to kill you all. Uh
during the Holocaust there have been
cases of Nazis playing these
psychological games to kamas terrorists.
On October 7th, I've heard stories about
playing psychological games to torture
people. Give us this person or we'll
kill that person. Give us this child or
we'll kill the other child. Okay? These
are things you can't whitewash. Okay?
I'm sorry for making everybody
depressed. Um but uh the the enemy
soldiers say, "Hand us over someone or
else we're killing the whole city." You
can't hand anybody over. Nobody has the
right to take to choose who's if
somebody wants to volunteer, he can say,
"I'll volunteer. I'll hand myself over
to the enemy and then we'll I'll I'll do
that as an act of heroism to save." Like
Roy Klene, he jumped on a grenade to
save his fellow soldier. He volunteered.
He made that decision. But nobody has
the right to choose somebody in the city
to hand over to save the city. Asks the
mi, "Can you take a tria? There's a ta
in the city. There's somebody in the
city who's injured says to me something
shocking. You can take the tra and you
can hand them over to the enemy because
the
my
means how can you determine whose life
is worth more whose life is worth less
that doesn't apply to a tra a catila is
a dead man. So the miri
uh 12th century provence heins that you
can actually hand over the traa.
Shocking, huh?
But there's a lot of logic to it. It's
not very comfortable. It's not such a
it's not such a pleasant s. But if
you're thinking if you're if you're
thinking of it from a very from a very
logical perspective and by the way the
is not a lone opinion. Number 21dist
like this the
also pus like the number 22 the
famous Pins like the number 23 in the
reference sheet the Pharisees bish
Lipshits from Germany he was writing a
chuva on the vaccination okay in his
time Jenner came out with a vaccination
he wrote a chuva about it and he
discussed this issue issue in relation
to the vaccine and he also passed him
like this he didn't quote the he said it
from his own
interesting in his commentary on the
Pharisees
that all of mankind is dear to God he
lists the
and one of them is Jenner he says he
came up with the vaccination so he's one
of the okay
number 24 the
okay number 25 okay I'm giving all the
post that I found the number 25 the
he was asked a question about taking a
taking machinery off of a traa and
giving it to somebody who could survive
the doctor triage I think it was kats
that send him the question Dr. give a
task if I'm not mistaken he in triage
can I take the vital machinery off of
somebody who's basically going to die
very soon and put it on somebody who
could live
based on this miri he says you can take
the machinery off of somebody who's any
is going to die very soon and you can
attach another person to that machinery
okay uh
>> can I take a kidney made from a trade
food without his permission
>> according to the and these posting you
can
>> okay so what I've done is that I know
there's a lot of talk about brain death
but what I've done basically here is I
found a school of rishonim that could b
at least according to them we can
basically bypass this whole issue by
saying that the person who's brain dead
even if he's alive but he's a traa and
there are no there are a school of pkin
there is a school of pkin that maintain
that you can kill a ta to save somebody
who's alive okay unbelievable able
chuva. So therefore, would allow you to
take the organs of somebody who's brain
dead. Um I'm just we didn't we didn't
manage to finish the entire chuva. There
are basically two main sources that were
brought against the brain criteria. One
was from a chuva of the Ashkenazi. He
was a R in Hamburg and a girl came along
and said, "I found a chicken without a
heart."
See, the chicken is kosher. What do you
mean the the chicken is kosher? The
chicken didn't have a heart. He says,
"You're either hallucinating or you
dropped the heart on the floor and a cat
ate it because there is no such thing as
a chicken without a heart." Rabbi David
Oenheimer
disagreed with this and this this
controversy totally blew up. The
actually had to leave Hamburg. He went
for Amsterdam because of this
controversy. They said do Oenheimer
basically said there was a heart there
that was very small and very compromised
and that means that the chicken is a tr
that means the chicken is not kosher.
The yitz the son of sided withdenheimer
he already quoted
that already says in anyways the he
writes that it should be obvious to
anybody who has a minimal amount of
intelligence that that there's no such
thing as a chicken without a heart but
for tips he writes for foolish people he
quotes a zoar
that he considered the zor foolish but
he said for those people that are
foolish I'm going to quote you the zor
says that the heart is the epicenter of
the world just as the heart is the
epicenter of the body. It's the
epicenter of life. So they called this
they say you see if there's a pumping
heart the epicenter of life is
functioning and the person should be
regarded as being alive. However, the
zor in the next line says and the heart
is connected to the brain that is the
epicenter of the neesh
oppenr in his chuv wrote that the the
life is defined by a person's
intelligence by a person's
self-awareness by a person's interaction
with haz so therefore
for those tips just as the said that a
man without a heart a woman without a
heart is not a life I think
that a human without a brain is not
either your brain. Okay. Now, as I
mentioned, we'll finish the show.
There's a lot more to be said on this,
but between 8 and 10 hours of of sheer
material. I'm going to finish the share.
We've just given you a little bit of a
sampling. Um, I did get a lot of flack
the last time I gave this year, but I've
presented my arguments and, uh, if
anybody wants to be in touch with me,
uh, we can continue this topic private.
Thank you very much.