A short while ago we were approached by "Wall of Life" organization which encourages people to furnish themselves with organ donor's cards. It immediately seemed to me that the Jewish approach to the subject is not so widely known. I myself was curious and thought you might also be.

Here are a few facts for you to read and below is the plea by the organization. We would love to hear your own thoughts on the subject. We have written to all rabbis in the UK (names taken out of the Jewish Year Book) and asked them to send us their opinions. We will keep you posted.

Apparently the percentage of Jewish donor cardholders is significantly lower than that in the population at large.

A Toronto Research Unit carried out a study trying to find the reasons for it. Their findings (journal of transplant coordination 1998 to 1999, pp. 19-24) point out that the major cause was the perception amongst Jews that Jewish law prohibits it.

This notion has been enhanced by the fact that only a few decades ago transplants in Israel were prohibited and patients who needed organ transplants had to travel abroad and wait, sometime for long months for a matching donor to be found. This of course involved great financial burden as well as by being away from family and friends both physical and emotional support was not available. Israelis who went abroad under such circumstances had to raise large sums of money and depend on the local Jewish or more so Israeli communities in the foreign country in which they had awaited the organ transplant.

Thus, it is interesting to study what one can learn about Jewish Halakhic attitude to this issue and where any difficult issues are arising and need to be solved.

According to statistics from the Health Ministries websites as late as 2001 88 Israelis died because of luck of donor organs. In the same year 180 Israelis were declared brain dead. Their organs could have been transplanted but only in 80 cases relatives have given permission. The reason given by the families who refused was explained as religious prohibition. Yet, important rabbis have approved of organ donations and a number of rabbis are card holders themselves.

One of the objections to the removal of organs is connected with the resurrection of the dead in the Messianic Era. On the Internet you have strong expressions of warning not to donate: "Beware signing donor organs cards BEFORE your death" (6.14.07)

Ultra orthodox rabbis shamed organ donation bill warning doctors that they will be accomplices to murder. The new bill accepted in the Knesset which permitted donations for a person who is brain dead was announced by them as "murder in every sense of the word." (The Knesset = Israeli Parliament)

The bill was approved by 24 members -- 5 voted against it. The bill states that "Brain death would be defined as death with all its implications." (2007)

Shass, the Sephardi religious party was supporting the bill. Today until a matching organ is found as far as heart is concerned, they put an artificial heart which can function as intermediary. The success rate in Israeli transplant is very high and stands proudly beside the best organ transplants centre around the world.

So what does the Halacha teach us on this subject? Jewish law reveals that donation of organs is not only permissible but even encouraged, relating it to the concept of Pikuakh Nefesh (saving human life) and thus it is an act of humanity and in compliance with Jewish law.

All streams of Jewish observance by defining brain death as an acceptable indication of death (orthodox, Messorti, reformed and liberal) supported. The chairman of biology department of Yeshivah University in New York, who is also the chairman of the bioethics commission of the rabbinical council of America, rabbi M. Tendler who issued the following statement: "If one is in a position to donate an organ to save someone's life, it is obligatory to do so, even if the donor never knows who the beneficiary is."

What are the difficulties?

Medically, the transplant must be taken out of the dying person's body while respiration and blood circulation are still ongoing. Such a situation can occur only if the patient has been declared brain dead while the organs are kept in supply of blood and oxygen by external means.

Obviously Jewish tradition was not aware of the "brain dead" concept which raises the question if the person who is declared brain dead is not still alive otherwise.

The religious justification of the removal of organs from a dying person can be based on a verse (from Leviticus 19:16): "Do not stand idly by the blood of your neighbour", in other words, we are not allowed to be by-standers when other person's life is in danger.

The objections to it were based on the concept of respecting the dead body. Jewish law forbids desecration of the body, gain benefit from it or even delay burial. But if the concept of saving life is put on the other side of the scale, saving life takes precedence.

There was another Jewish legal issue to overcome, a Mitza (an obligation to fulfill through a good deed) is placed upon a living person, but no commandments are required of a dead person. So saving a life of another person is on the face of it and obligation of the person while they are still alive.

The third obstacle and perhaps the most serious one as far as the donation of organs is concerned is the difficulty to establish the time of death.