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The Twins Dilemma - Rabbi Akiva Tatz
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Follow us: https://www.hidabroot.com https://www.youtube.com/@Hidabrootcom https://www.instagram.com/hidabroot_global https://whatsapp.com/channel/0029VbCYZjl1CYoa4ulQIK2q The 'Twins Dilemma' is a central topic in Jewish Medical Ethics that sheds light onto many other medical ethics issues. Rabbi Tatz teaches fundamental ethical principles based on this fascinating dilemma. For more inspiring content: @Hidabrootcom
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Auto-generated transcript. Not time-synced to the video.
thank you
okay let's take a look at one of the
most amazing areas of
Jewish Medical ethics which is relevant
to everyone really try to show you the
lucky fascination of this area and that
is the question of having to kill
somebody in order to save somebody right
would you ever have to kill someone to
save someone and the scenario that I'm
thinking of is siamese twins right where
you have children who are fused where
the bodies are fused in such a way that
if you if you took the life of one you
might save one in other words a scenario
where they're both going to die if
nothing is done they will they'll both
die but if you operate and separate them
killing one you might save one okay
that's a very rare situation I in my
years of medical practice have never
seen anything like that but the reason
that we study it is because it is a key
to understanding many halach issues that
apply throughout medicine and world and
well beyond
so let's take a look at that subject and
what I'd like to share with you is the
analysis of a case that happened a few
years ago in the United States in in New
Jersey Jewish Family that gave birth to
two little girls whose bodies were fused
right so-called conjoined or siamese
twins and they presented exactly such a
dilemma how was that approached jewishly
what are the principles that we that we
learned from this case but let me just
say a word or two about about Siamese
twins in general so you know that you
know that you have two different types
of twin right you have twins that are so
called fraternal twins where a pregnancy
two pregnancies develop at the same time
right any twins here any twins identical
or not
identical where's your other half
his way
ah right okay so you have two sets one
type of tuning is where you have two
pregnancies developing in England a few
months ago
a woman gave birth to two children one
white and one black
okay think about that so you can have
two pregnancies developed at the same
time however
however sometimes what you get is one
conception and at an early stage of cell
development right you have 2 4 8 16 32
cells you get a cleavage of that embryo
into two identical twits right they
share obviously they're both boys both
girls genetic feature appearance the
same genetic features the same you can
transplant organs from one to the other
with no rejection problems and that is
known as identical twinning when
actually for everyone when that early
ball of cells splits into two
genetically identical herbs are they
identical or are they mirror images
a mirror image is like right and left
hands right you cannot superimpose them
on each other they only work as mirror
images
all identical twins the same or are they
mirror images after all they split that
way
now listen listen carefully before you
answer the question you should accuse me
of asking an invalid question
what's wrong with my question
let's think come on let's learn to think
together what's wrong with my question
jewishly jewishly you may never ask a
question that makes no difference in
practice okay that means in the world of
academics we ask questions that are
academically interesting in Jewish study
there has to be a practical difference
or the Tamil would not discuss it
but I didn't ask you that question for
no reason there's a massive practical
difference what's the Practical
difference if identical twins are merry
images or identical come on think
the difference is this if they are
identical they will be the same right if
they mirror images one will have his
organs where they should be and one will
have his organs reversed
the one will have his heart on the right
side and organs reverse because can you
see that I have my heart on my left but
if I'm split from my twin this way his
heart will be on the right that's very
important when you're a surgeon when you
cut someone you have to look for the
appendix and it turns out to be here
you're in big trouble
so your homework question is do
identical twins have a higher incidence
of cytus inverses in other words
reversed organs in one of the twins
absolutely amazing question ask your
Anatomy Professor right and you can
really embarrass them because they were
not but that is the that is the question
so that's one of the questions and um
but sometimes what happens is that at
least this is one of the theories as
they separate they do not disjoin
completely and the bodies remain fused
at some or other point of their anatomy
and then you get what is known as
conjoined or siamese twins right for
example you have two American women
black women who are about in the I think
about their 40s who are joined by the
tops of their heads okay the skulls are
fused they spend 40 years walking around
like this they sleep in two beds Head to
Head they shower together they date
together
and they are very well adjusted one is a
country and western singer and one is a
nurse
they were interviewed recently one of
them said she dreamed she was separated
from her sister she felt very lonely
right so that's very well adjusted but
sometimes you have situations for
example they're two Russian women who
are joined from the hips down in other
words there's one pelvis and set of legs
and two bodies from the waist up okay
they walk perfectly coordinated on one
pair of legs although each brain
controls one side they do not get on
well one is a chronic alcoholic and a
sister has liver disease
because when she drinks the sister gets
drunk right
and they
they come to blows unfortunately nothing
can be done by the way that raises
amazing and moral questions for example
if one of those girls would marry
do you see the problem yes if one of
them would marry first question is the
man marrying them guilty of marrying two
sisters not allowed in Judaism
two in the intimate aspect of marriage
in Jewish marital law Intimacy in
marriage has to be extremely private you
know in the Orthodox World you'll see
people don't even hold hands or Embrace
each other in public right although the
intimate aspect of marriage in Judaism
has to be very Dynamic but completely
private well in this case you're not
allowed to be intimate with one's wife
when there's someone else present in
this case the man would marry one of
those girls he would never actually be
alone with his wife because like her
sister would always be
hanging on you know she she'd been there
right
so that would be a problem and more
interesting and more deep there's only
one lower body
so in the intimate aspect of marriage
would there be adulterous element to the
relationship do you understand because
in that part of the body or two women
did you see the question
so they're very very amazing questions
and all of these have been thought
through halachly and some of them been
tested legally and if you'd like to see
actually the two American girls must be
about 18 or 19 are the Hensley twins you
can actually they've allowed themselves
to be videoed through a day of the
activities they have one body from the
chest down and two necks and heads
so you can see them how they comb each
other's hair one sleeps when one's awake
one's eating while one's sleeping each
brain controls one side of the body they
clap perfectly that you can walk with
they balance on a bicycle even though
each brain is controlling half the body
they recently took their driver's test
in Minnesota and they were required to
take two drivers tests because each
brain is controlling one hand
right so and they drive their car
there's two people driving the car and
yet they control the car perfectly right
so you can see all these I saw a case in
England a few months ago two little
four-year-old boys whose heads are fused
at the side
each child can see out of his eyes and
each shot he can see out of his
brother's eyes too
right each boy can see out of his own
eyes but the brains are cross-wired so
he can see out of his brother's eyes and
out of his owner but one of the problems
right one of the problems is sometimes
you have by the way the twins are
usually very emotionally close to each
other for example we are living now in
London at Great Ormond Street is one of
the largest series of separations of
Siamese twins that be done in the world
the surgeons they're very famous surgeon
one in the best one of the best in the
world he's a South African of course
um
he told us that many years ago they
discovered that when they separate twins
like this the kids get very distressed
unless they nurse them in the same crib
and if one child dies Unfortunately they
found many years ago that if they nurse
the surviving twin in a crib with a
mirror it helps the child settle
that's interesting right so they're
unusual unusual closeness to each other
but um one of the problems is this
sometimes the bodies are fused in such a
way that they share organs
and in the case I'm thinking of that
took place in 1978 or 79 these two
little girls were born into an Orthodox
Jewish Family in eastern United States
small town in in New Jersey and what
happened was their bodies were fused and
the first doctor to examine them was
struck to find that he could hear only
one heartbeat
and what turned out to be the case was
that normal Limbs and normal bodies but
their livers were fused and that was not
a surgical problem there was enough
liver tissue that could be cut to give
each child enough liver tissue but the
heart was fused so instead of being
eight shape you know they're normal
they're four chambers to the normal
human at heart there should have been
eight Chambers to this heart but there
were only six it was an abnormally fused
heart located more in the chest cavity
of baby girl B they were not in the
Press Dennis baby girl a and baby girl B
and the heart was more in her chest if
you'd like to look this up there was a
Pulitzer prize-winning analysis of this
published in the Philadelphia inquiry
they did a famous uh analysis of this
case with pictures and interviews very
very well done by a non-jewish reporter
who got the Jewish stuff very very very
well and
um you can you can look that up but what
happened was the children were flown
from where they were born to Children's
Hospital of Philadelphia known as chop
right children I actually had the honor
of giving a talk on this case in that
hospital to some of the doctors who'd
been involved and some of the Muslim and
Christian chaplains who'd been involved
in this case as well and I'll tell you
what they said about the case amazing
amazing to see the the different
approaches to this case but what
happened was their children were flown
there and they were examined and put
under the care of Dr Elliot Coupe Dr
Elliott Coop was a famous American
doctor he became the Surgeon General of
the United States he died only about a
year ago and he is very famous among
other things he happened to be a very
religious Protestant Christian
he was the kind of man who used to spend
the entire night in the hospital reading
the Bible before surgery the next day to
prepare himself for surgery so you have
a very Orthodox Jewish Family a
Protestant Christian surgeon Children's
Hospital is a Catholic institution and
the case was heard in a high court in
the United States and I'll tell you what
the court case was about but it's an
amazing opportunity to see how these
different legal and ethical and
religious systems look at the same
problem
and here's what happened Dr Coop
examined the children and he said to the
parents if we do nothing both your twins
are going to die
right the reason is that although the
heart was good enough to keep the
circulation of both twins going as they
began to grow the heart would begin to
fail right in medicine that's known as
high output failure the heart cannot
keep up the circulation of two growing
twins in fact on the 21st day of their
lives they went into heart failure and
they needed to be put into intensive
care and it was very clear that within
two or three weeks they both would have
died in fact in Colombia in South
America two years before two twins like
this had died and the surgeons in
Philadelphia had the heart flown up to
United States that preserved heart in a
bottle
flown up so that they could study what
was likely to be the abnormal enemy they
might find if they're operated on these
twins so it was very clear that if
nothing were done the twins would die so
Dr Coop said to the parents if we do
nothing both these girls are going to
die let me try to save one
and what he proposed was separating the
livers tying off the major vessels of
baby girl Aid during surgery which means
with his own hands he would kill her
he would then carry her body over to a
sterile surgical table that they would
have ready in the operating room and
then he would use her ribs to graft
closure of the chest of baby girl Beach
understand in other words where she was
now missing a patch of
tissue he would take a patch of chest
wool from the sacrifice twin and stick
Stitch it in to close the gap and leave
the entire heart in the chest of baby
girl be and hopefully that will be
enough to keep her alive now you can
imagine what an agonizing decision this
is by the way
by the way why was he talking about
killing baby girl a I can think of at
least four better options
a heart transplant right what about a
transplant transplant right put it
transplant a heart into baby girl a
isn't that obvious
yes no yeah Okay the reason this wasn't
done was because this case took place in
1986 in 1978 the first time heart was
ever transplanted into a newborn was in
1986. don't forget heart transplantation
already began in 1968 in a certain
country of course we needn't uh need to
mention where that was but um but by
1978 or 79 no one had yet tried to
transplant a heart into a baby and
therefore by the way you know the first
time it was done very interesting the
first time it was done was a baby born
in California with heart disease baby
was dying the surgeon was a famous chest
surgeon called Norman Shumway he had no
other option but a heart transplant and
although it had never been done there
was no other option what's the hardest
part of transplanting a heart into a
newborn they scoured the United States
and they found a baby available for
being a donor in Vermont but Vermont is
three thousand miles away from
California but there was no other hope
so the higher the private jet in
California they put one of the young
surgeons in the jet in California flew
him across the country to Vermont he cut
out the heart of the donor child in
Vermont put into a box of cold
cardioplegic solution and they couldn't
get the jet started they couldn't get
the plane going they ended up scrambling
United States Air Force supersonic
fighter put this terrified young doctor
in the back of a supersonic fighter with
a heart in a box on his lap when they
got back to California they resuscitate
the doctor
but they did and they saved the life of
the baby in California right but back in
78 nobody had done this yet and
therefore transplant was not an option
second option to say baby girl a
artificial heart right why didn't you
leave the heart in baby girl B put an
artificial heart into baby girl hey
even today we don't have a fully
implantable artificial heart not even
for adults certainly not for children
those very exciting research taking
place but we don't have that third
option
for baby girl a
any Veterinary students here
animal Hut right so we use pig valves
all the time in humans but if you try to
use a pig heart or a baboon heart it's
rejected in six to eight hours we
haven't conquered that technology yet so
that cannot be done and the fourth
option of course is cloning your own
tissues right growing hearts and organs
from your own stem cells which is very
exciting research but back in 1978 there
was not yet not yet on the on the scene
and therefore Dr Coop said we have only
one option
and namely apart from letting your twins
die let me try to take the life of one
to save the life of one the parents
asked their rabbi
the rabbi asked his rabbi
and the question arrived on the doorstep
of ramosha Feinstein was probably the
greatest Authority in the world at the
time he was in his 80s he later said it
was the most difficult life and death
decision that he was ever asked to make
and he made hundreds if not thousands
and what I'd like to share with you is
some of the analysis that he went
through in order to come to a halach
understanding of what should be done
okay question one that he asked was this
are these two little girls two people or
are they one
why is that relevant that question if
these two little girls are one person
you're not killing someone you simply
amputating part of a person in Judaism
can you cut away the part of a person's
body in order to save the person yeah
you're obliged to right by the way do
you have to cut away part of your body
to save another person's life no
no give you a case about 600 years ago a
Jew in Turkey was accused of stealing by
the sultan what's the Muslim punishment
for stealing this Jew was sentenced to
have his hand cut off he managed to
escape and he fled to Egypt
the Sultan in Turkey captured another
Jew put him in jail and sent a message
to the man in Turkey as in Egypt as
follows he said if you refuse to come
home I'll kill him
come home I'll free him and cut your
hand off refuse to come home I'll kill
him you see the Dilemma
so that man in Egypt went to the great
rudbust great swaraji authority of David
benzemery one of the greatest and he
said to him Rabbi am I obliged to go
home and have my hand cut off to Save a
Life or may I remain here even though he
will die do you have to give away part
of your body to save a life
amazing question right
you should ask your local rabbis whoever
you study with to study his answer which
is amazing but I'll just tell you the
bottom line he says that if a man would
go and give his hand to Save a Life be
incredible Mitzvah tremendous act of
kindness a loud in Judaism but not
obliged and this is the rationale we
follow today with kidney transplantation
when we ask someone for a kidney we say
to them we need your kidney to save your
brother's life we say it is safe enough
that Judaism allows it it's risky enough
that you don't have to do it in other
words it's up to you
and that raises amazing stuff I'm not
going to discuss this in detail this
evening just to mention one point
imagine you have a person dying of
kidney failure and you say to his
brother would you like to give your
kidney let's say he does not wish to
give it how can he say no with the whole
family looking at him and saying how can
you refuse how can they withstand the
emotional pressure coercive emotional
Prejudice is amazing amazing pressure
the solution to that was proposed by
Rabbi many years ago and it's now used
throughout the world the non-jewish
world and here's what they do they test
the whole family and they see who
matches they then interview the family
individually and privately when the
surgeons meet with a family member who
matches best they say to them you are
alone with us in this room you match if
you agree we'll take your kidney and
save your brother's life if you refuse
we'll never disclose that you matched
we'll falsify the record your family
will never know you will have to live
with a decision for the rest of your
life but no one in your family will ever
know will take will lie to take off from
you isn't that amazing
sometimes you can't do that because you
need to know for example in the United
States recently they've been doing a
thing called cross transplants you know
what that is that's amazing if this
doesn't move you basically there's no
hope for you
let's say you have a mother who wants to
give a kidney to a child but she doesn't
match they look for another mother who's
prepared to give a child to her kidney
to her who also doesn't match and they
asked Mrs a if she will give her kidney
to Little B if Mrs B will give her
kidney to little a and if they agree
they sign the forms and they start the
operation on both mothers at exactly the
same moment so neither one can change
your mind they extract their kidneys and
they switch them and a few months ago in
America they did 10.
10. Mrs a gave a kidney to Little B so
that Mrs B would give a kidney to little
C so that Mrs C gave a kidney to Little
D in amazing 10 people got kidneys from
somebody else's relative right that's
called cross transplantation anyway
that's some of what's going on but if
you say that these two little twins are
two people then you are not amputating
part of a person what are you doing
you're killing someone to save someone
else what would you say these twins or
two people or one
most authorities have debated this case
have felt that we should judge them as
two people which makes our question much
more difficult right okay here comes the
second question stay with me carefully
Rabbi finds to incent the following
question to Dr Coop he said Doctor you
are planning to operate in such a way
that you save baby girl B and kill baby
girl a could you reverse your decision
could you reconnect the heart so that
baby girl a survives and you kill B
and Dr Coop said ask the Aged Rabbi why
he wants me to perform the surgically
impossible
and to his dying day which is just a few
months ago he maintained vehemently that
there's no way that he could have
changed the decision it was complicated
enough like this and there was no way
that they would guarantee that b would
survive anyway and therefore he said no
whenever Feinstein got that answer he
said right you can go ahead and operate
now what lay behind that question Robert
Feinstein did not want him to say baby
girl lay he was quite happy to say baby
girl B where the heart was but what lay
behind that question so stay with
carefully with me and I'll try to
explain
we have a law in Judaism called rodaf
rodaf means that if you listen well if
you see somebody trying to kill someone
else and the only way you can save the
victim or rape by the way homosexual or
heterosexual right but let's talk about
murder it's complicated enough you're
walking down the street you see a China
kill B the only way you can save bees by
killing a what do you do
what do you do in Jewish law
kill a allowed to or obliged to
obliged obliged to if there's no way to
say if you could shoot him in the foot
you're not allowed to kill him is that
clear
but if there's only way to save the
victim is by killing the aggressor
that's what you do what's the commonest
case of this law the commonest general
case of killing a to save B
in law
self-defense when B is you
if a is trying to kill you you can
preemptively kill is that is that clear
in all jurisdictions you can do that
you can kill someone else to save your
life preemptively right question two for
homework
you're walking down the street you see a
trial and kill B
and you instead of but you could shoot
him in the foot but you kill him instead
is that culpable as are you guilty of
homicide for killing him because you
didn't have to you could have injured
him and part question two part B someone
tries to kill you you could shoot him in
the foot but you kill him are you guilty
of murder because you killed him and you
didn't have to but you acted in
self-defense do you see the question
okay think about that fascinating
question for homework but that is the
question of one person trying to kill
another by the way this does not apply
when two people trying to kill each
other
if you see a trying to kill B you can
kill a to save B if you walk out into
the street and you see two people with
their hands over their gun happens in
California all the time doesn't it
that's a common scene in California
um that is a situation where you may not
intervene each one can kill the other
one to save his life but you cannot kill
one only if one is trying to kill him is
this clear okay
so why are we studying this law of
roadev because maybe the babies are
threatened maybe one of them is
threatening the other one maybe they're
threatening each other okay that's all
over there by the way what's the
commonest medical application of this
law when a pregnant woman when the
pregnancy threatens the life of the
mother Judaism rules that the babies are
deaf on the mother and therefore you can
terminate the pregnancy only while she's
pregnant once the head is born or half
the body is born in the world then you
cannot kill the child to save the mother
then have equal claims to life but while
the mother is pregnant The Birth has not
begun then in Jewish law the mother's
life takes precedence by the way this
was a Catholic Hospital the Catholics
rule exactly the opposite when a mother
and child are fighting for survival in
Catholic law they try to save the child
and let the mother die
the reason is don't ask me questions
about this I have enough trouble keeping
up with Jewish law
but I'll tell you what the priests told
me in that hospital they told me that
according to Catholic uh understanding
child is born in a state of sin and
unless they're being baptized to be
saved by the grace of Christianity they
go to a very bad place in the Hereafter
the mother has already been baptized so
she's guaranteed a place in heaven so
it's better to let her die and save the
child to baptize the child
my father was a doctor before me my
father came from South Africa to study
medicine in England my father told me
there were times when he was attending a
woman in labor in a very Catholic
maternity hospital in Dublin when the
father walked over and said to him
doctor if my wife's labor becomes
obstructed I want you to save the baby
and let my wife die
these were not cases of difficult
marriages you understand they were cases
of Catholic law in Judaism absolutely
not we take the life of the fetus in
order to save the life of the mother so
that is the situation but it can get
very complicated for example in 1973
here in Israel there was a case of some
Israeli soldiers in the Sinai being
fired upon by other Israelis
you know you would call this Friendly
Fire mistaken identity and what happened
was there was a group of Israeli
soldiers in one position and they were
being fired upon rocket fire and
mortified by another group of Israelis
who couldn't see who it was
and they could not communicate at a
distance was a third group of Israeli
boys who saw what was happening and
could not communicate with either group
and in this third group were some
religious soldiers who knew the law of
radith and they said look if a is trying
to kill B and the only way you can save
bees by killing a we ought to kill them
in a tragic situation
they had a terrible argument about it on
the battlefield and they did not fire
in the end people died in the first
group when these soldiers got home they
went to see Revelation great Rabbi in
Jerusalem and they said what should we
have done he said there's no way you'd
been allowed to fire
these soldiers are doing what they ought
to be doing in Wartime under genuine
case of mistaken identity that's called
they are pursued from Heaven you're
definitely not allowed to intervene
question three for homework why is this
not like the fetus
fetus threatens the life of the mother
innocently we kill the fetus soldiers
threaten the life of the soldiers
innocently we don't kill the soldiers
do you see the problem
okay think about that it's worth a
whiskey right interesting question
so those are some of the laws of relief
right why are we just debating riddiff
because maybe we could see our way clear
to killing baby girl a if she's a reader
from baby goby
and we need one final law and then we
can close the circle what happens if the
relative is one of a group for example
we're sitting in this room and suddenly
the building is surrounded by non-jewish
terrorists and they give us an ultimatum
give us one Jew to kill the rest of you
can go free or we kill everyone or one
woman to rape or we rape them all okay
but let's deal with murder again are we
allowed to give a person to die and
think about it if we don't everyone's
going to die
what's Jewish law say
absolutely not absolutely not although
many people will die that's his problem
we are not allowed to kill somebody in
order to save money however what happens
if they name the person they want
they specify the person we won
finkelmovich got a problem with him send
him out to Die the rest of you can go
what would you say
think about it the in the first case the
problem is who are we to make the
selection why should we kill you or you
or you in the second case Finkle moment
is a dead man anyway why do we all have
to die
do you see that okay so the answer to
that fascinating discussion the
Jerusalem talmud I'm not going to go
into the detail but who's a law student
here anyone law students
keep your wits about you the talmud says
that once there was a man called who
attacked King David
what's the Jewish punishment for
attacking the Jewish King
absolutely execution but he managed to
escape and he hit in the town of Avil
you have David's General surrounded the
town with his army and he gave the
people of the Town such an ultimatum he
said if you don't give me bin bakery or
kill him I'll wipe you all out
what happened was a very old lady called
Sarah was Usher climbed up on the
ramparts began debating the case with
you had him killed threw his head over
the wall and she saved the whole city so
the talmud says you see from this case
that if the person is named because it
was named that's called if the person is
named you could kill him to save
everyone
what's wrong with that proof he wasn't
only named he was guilty
how can you prove from this case
so talmud says there's a fascinating
debate in atonement one opinion is that
Chevron Bakery was killed because he was
named the other opinion because named
unguilty the other opinion that he was
just happened to be guilty but that's
not necessary
and there's an argument down to this day
the rambam rules that you cannot kill
such a person but there are great Jewish
authorities for example the the
rashboard of SoMo Bernard was the rabbi
Barcelona in the 14th century many
debate many talk about it somehow that
you could kill such a person even if
he's not guilty but at least he's
designated look at a and b if you could
kill either one could you make such a
choice
no but when Rabbi Feinstein got the
answer there's no way to save a the only
one we can save is B maybe we can say
that a is designated to die she's
threatening B and not the reverse and
maybe she's like the fear is threatening
the mother
and possibly that's enough for us to
allow allow us to kill a in order to
save B
let me tell you what happened in the
case in fact Robert Feinstein took 11
days of thinking about this together
with his family he has a son-in-law as a
professor biology as a grandson who's an
internist in Natalia
hospital and they got together to give
Ramos the medical and Technical input so
he could he had the luxury of 11 days
because the hospital Was preparing
surgery over time the nurses the
Catholic nurses refused to take part
even though the Catholic priest
authorized surgery and the reason was
they felt emotionally unable to go to an
operating room where they would see a
child killed you know almost no one ever
dies in an operating room you can almost
always get them out into recovery you
know where someone else's someone else's
problem right to see a child killed by
the surgeon absolutely you know
horrendous and so the hospital had to
put together a team of Volunteers in the
end in order to to do the surgery and
they were unprecedented just for the
medical students I'll share this with
you they decided to use two separate
teams of anesthesiologists in the end
can you see the problem two little
newborn heads each team controlling the
respiratory function of their twin and
anything they did to the respiratory
function of their twin remains separate
but anything they do to the circulation
affects the other child as well because
although they're separate lungs there's
one circulation
they don't teach you that in medical
school right not even you not even at
UPenn right and therefore this was a
completely unprecedented situation and
it took a long time to sort out but
eventually hit it some of the questions
Robert Feinstein one of the young Rabbi
said to Robert Feinstein what if two
people are coming down by a parachute
and one man's parachute fails to open so
he grabs his friend's leg but due to his
weight the parachute begins to rip is
the man with the parachute on his back
allowed to kick his friend off to a
certain death
is the Perry is the heart like the
parachute
another question they asked him was
imagine you have two people
two people walking through the desert
one of them has a bottle of water
there's enough water in the bottle that
if he drinks it he'll get back to
civilization right why you want to do
that these days beats me but you know if
you did but if you share the water with
your friend you'll both die in other
words you'll both live another day or
two and then both die is it better to
share the water and both die a day later
or to let him die today you drink it and
survive in the long term so we rule
according to Rebecca's opinion that that
the one who has the water drinks it
the one who has the water drinks it okay
that's how we rule is the heart like the
bottle of water question four for
homework what happens if neither one
owns the water you land in a helicopter
with a bottle of water there's two
people dying in the desert do you flip a
coin and give it to one so that one
survives or do you then share it so that
both live a little longer in other words
the question is is ownership the reason
that the person who has it drinks it is
it because it's my water or is the logic
it's better to have one person survive
in the long term rather than two
but before I tell you the outcome I must
share with you an incredible incident
that occurred in the courtroom
Dr Coop insisted on a court hearing to
authorize surgery why
because he was concerned that under
Philadelphia Under Pennsylvania law
somebody might charge him with homicide
for killing baby girl a
so he wanted to be protected himself in
the hospital against a charge you
understand
so he wanted so a three-judge panel was
convened on Thanksgiving Day that year
and a team of lawyers argued precedent
in front of the judges to convince them
that they should allow surgery most of
the examples they gave the judges were
things known as Lifeboat ethics you know
people in a Lifeboat there wasn't enough
food for everyone so they starved
someone they threw someone overboard
there have been cases where they at
someone
in a famous case in British law where
there were three men about 100 years ago
in the South Atlantic Shipwrecked three
of them were left alive in a Lifeboat
the first the captain the first officer
and a young 19 year old Cabin Boy called
Robert Parker after 17 days without food
the two older men decided to kill him
and eat him
okay they killed him with a pocket knife
and at him Raw
and survived weather got back to England
they admitted what they'd done and they
were charged with murder and tried in
England for murder look it up it's an
incredible case it's a major precedent
in British and American maritime law
that is called the case of Robert Parker
absolutely and that is um that's a
famous case in the end the judges
allowed surgery and surgery went ahead
but an amazing incident occurred in the
courtroom
and listen carefully to this
the lawyers at one point argue that
surgery should be allowed because in
Pennsylvania 1978 the definition of
death was secession of spontaneous
heartbeat
when the heart stops beating the patient
has died
so they argued like this of course
surgery should be allowed you're going
to leave the Hut beating in the Chester
baby girl B
if no heart stops beating nobody's dying
Isn't that cool
do you know what this means if you don't
like someone hack their heart out keep a
ticking in your lab
cut up the rest of them in small pieces
no problem if not stop eating nobody's
dying
this is what you call a loophole
and in a secular democracy when people
make up the laws they go along you get
weird things like this in Torah which
comes from another world you don't get
this
one of the great rabbis of the last
century said a beautiful thing he said
in a democracy that people make the law
in Judaism the law makes the people
isn't that beautiful okay let me tell
you what happened and I'll and I'll
finish with that
surgery went ahead
in fact a team of doctors opened the
chest to the children separated their
livers Dr Coop insisted on being the one
to tie off the vessels of baby girl a
terrible terrible moment obviously she
died immediately the heart continued
beating although they weren't sure that
it would he carried the body of baby
gold a over to the sterile table they
never needed her ribs they were able to
get the chest of bee closed with a
breast tissue in the normal place and
all the anatomy correctly disposed
without needing ribs from baby girl a
and he handed the body of baby girl a
back to the family the same day so they
could bury her right before Sunset and
people present said was an incredible
experience to see how the Jews and
non-jews went along with the halachic
requirements as laid out by an elderly
Sage among the Jewish people and that in
fact is what happened in this case life
begins at conception
but you only get what's called a yetzer
ra at Birth Bar Mitzvah right so a fetus
is certainly a living human being that's
why you can break Shabbos for example to
save a pregnancy no matter which stage
yes
so obviously in this case like you
couldn't ask baby her opinion but like
in all these yes yes like let's say
someone like volunteered and said okay
like I'll be the one that gets killed
okay so the answer is like this you
don't not only volunteer you'd have to
actually do it if a crowd of people are
threatened and you ran out of the room
to give your life to save money that's
an incredible act tremendously uh
meritorious and allowed not obliged of
course but allowed but if you say look
take me and kill me we couldn't do that
you'd have to actually give your life to
save everyone else 1950 ish a man was
driving his car down the Carmel Mountain
in have you been in a very steep
Mountain
the brakes failed actually this was an
Israeli car never used the brakes before
just use the whole you know they might
cause in Israel they don't have breaks
they just give them horns you know do
you notice that
anyway this fellow was driving down the
mountain his brakes failed and he found
himself careening towards a bus stop in
which 10 people were standing
listen carefully he's about to kill 10
people he could not stop but he could
turn but unfortunately only to a place
where one person was standing
what should he have done again do
nothing wipe out 10 people
turn kill one innocent person one
bystander save ten what should he have
done
okay listen to this I don't know what he
did but afterwards they went to ask the
khazonish great rabbinic Authority in
benebra what should the man have done
and the Khazana says and he writes about
this he says I think he should have
turned and killed the man
they said Rabbi doesn't that contradict
what we learned this evening wait listen
we learned that if 10 people are about
to die and you could kill one to save
them may you do that
no way so how come you could kill this
one to save the ten and let me point out
they're exactly parallel situations I'm
not looking here for practical
differences they're exactly parallel let
me make that clear there are 10 people
in front of my car out of control okay
it's not my fault someone sabotaged the
brakes if I do nothing 10 people die if
I turn and kill one person disconnected
from the scene he's standing under a
tree thinking deep philosophical
thoughts about uh life and death
if I kill him I save 10 should I do that
yes
scenario number two 10 people about to
wipe out by terrorists one guy
innocently sitting under a tree thinking
Deep Thoughts the terrorists say tats he
has a high-powered rifle shoot that guy
in the head and 10 people live am I
allowed to shoot him no way why they're
exactly the same situations
come on what's the difference you're not
allowed to do that in her analysis you
may never introduce a dart from the
outside we are dealing with a lab
situation all the variables are frozen
guaranteed there are two parallel
situations with all the certainties and
that's exactly the same the same guy in
both scenarios the same innocent person
standing under the tree in the first
case I shoot him dead with a gun to save
10 people in the second case I run him
down with my car it's exactly the same
person in the car most I'm not killing
those cars out of control no fault of
mine in both cases if I do nothing to
die and I can kill one to save 10
they're exactly the same here's your
clue
stay tuned
I'm going to give you two other cases
that bear the same relation but I think
more clearly
okay here it comes you stand in my
Railway track railroad track Express
train is coming down the line
it's going to fly past you and wipe out
five people standing on the line
if you pull the points quickly you you
cause the track to Veer the train goes
down a new line where there's one person
standing and he'll die
again you stand there do nothing train
flies past you kills five people act
quickly change the track train goes on
to new line kills one person if you
think you should pull the points and
change the track raise your hand
more than 90 percent of westerners agree
with you that you should pull the points
scenario number two you're a doctor in a
hospital you've got five people dying of
organ failure they need transplants
desperately the nurse walks in and says
Doctor there's a young man in the
waiting room come to visit his mother
let's cut his throat take five of his
organs and save five lives anything well
we should do that
it's exactly the same exactly the same
and if you don't like blood if you don't
like blood rig up believer that you pull
that does something that cuts his throat
take his organs say five people how come
in the case of the train you told me to
pull the lever kill one person to save
fight in the case of the people in the
hospital you said no they're exactly the
same foreign