Rabbi Yuval Cherlow

Rabbi Yuval Cherlow is the director of the Tzohar Center for Jewish Ethics and founder of the Tzohar Rabbinical Organization in Israel.

On saving lives, Halachah clashes with UK courts

When it comes to toddlers, Jewish law and Israeli laws make it clear they must not be taken off life support.

 

The British High Court's decision to take toddler Alta Fixsler off life support because of severe brain damage has shocked the Jewish world and been deemed by many as unethical.

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The ethical issues that emerge from the advances in biology and medicine are studied in bioethics in the wake of the various new techniques humans have developed over the years to save lives. It is precisely these advancements that make such decisions more complex. Modern technology makes it possible to keep a person alive in ways that throughout most of history would have been impossible.

Halachah (Jewish law) permits and sometimes even commands to let go of life. It deals extensively with the dilemma of guarding and protecting life versus making sure a patient does not continue to suffer and leaves this world in peace and tranquility. The Tzohar Modern-Orthodox Rabbinical Organization has a special program that helps families that face such difficult choices.

In 1987, the leaders of the Chief Rabbinate ruled that someone can be considered to have died if they are brain dead, thus allowing an end to the medical treatment.

However, the ruling has not been accepted by some religious sectors, especially within the ultra-Orthodox community. Moreover, when it comes to a toddler, Jewish law and Israeli lawbooks make it clear he or she must not be taken off life support, no matter the damage to her body or brain. Their message is clear: human life is the most cherished value.

In contrast, Britain's judiciary ruled to take Alta off life support. To make matters worse, it rejected her parents' plea to transfer the girl to Jerusalem for treatment.

The court in Britain has left no room for the parents to exercise their decision based on Halachah. This effectively forces the parents to commit murder under Jewish law by forcing a child to be taken off a ventilator.

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