Should Rabbi Slifkin Donate His Organs Right Now?

A most pressing and time-sensitive question

There have been many controversial topics covered on Rationalist Judaism, but one of the major ones from over a decade ago was the topic of brain death and organ donation. Most of us probably know that this issue is a major machlokes haposkim, some of us may have gone through the sugya, but if you are relatively new to Rationalist Judaism, you may be surprised to learn that Natan discovered a new chiddush in this topic that no other Talmid Chachom, big or small, ever thought of. Natan’s amazing hypothesis was that we need pay no heed to the Chazal’s opinion on this matter at all. You see, even though usually, all of our halacha is based on the Talmud, or at least Chazal, in this case, we can totally ignore Chazal, since they were unacquainted with modern medical science, and therefore have nothing useful to say on the matter.

A more detailed explanation is that Chazal were completely in error regarding the definition of life and death, since they imagined the soul resides in the heart/kidneys. However, in the modern era, science has discovered that the soul resides in the brain (I suppose doctors and biologists are required to take courses in Practical Metaphysics at Miskatonic University, and so know exactly which part of the body the soul inhabits), and therefore when the brain “dies”, the soul exits the body. Consequently, there is no need to turn to the primitive and unscientific Torah sheBaal Peh for guidance in this matter, and we can simply decide on our own, based on the latest and greatest secular medical ethics.

It is quite perplexing that no other posek ever thought of this profound idea of simply ignoring the Torah sheBaal Peh until Natan came up with it (well, except for the Sadducees, Christians, Karaites, and Reform movement), but what can I say? Geniuses like him aren’t born in every generation. If it were up to me, I would nominate Natan for the Israel Prize based on his contribution to the halachic method. (I will also give credit to a certain Dr. Noam Stadlan, who supported Natan tremendously during this difficult period, but who has since graduated to more important matters, like lobbying for female rabbis).

For his spectacular halachic contributions

Obviously, this halachic subject is very pertinent to the question of whether Natan should donate his organs right now. And what I mean is driving (or biking) to the hospital, lying down on an operating table, and announcing that he wishes to go under the scalpel today. In this way, many patients in dire need would be able to gain access to Natan's marvelous heart, spleen, kidneys (since Chazal says they contain wisdom, these are probably not worth much), lungs, corneas, and much more. For those of you who are familiar with Dune, Natan’s robust, handsome body could potentially be the source of an entire Tleilax organ farm.

Now, you may be wondering why I suggest that Natan should do this. Although some of you may be forgiven for thinking that Natan is already brain-dead, given that he displays very few signs of intelligence, this is likely not the case, as he apparently possesses enough awareness to post his ridiculous drivel several times a week. There is a completely different reason, related to something that Natan posted on Friday, an excerpt of his magnum opus "Rationalism and Mysticism". In that chapter, in yet another brilliant flourish of halachic reasoning, Natan came up with alternative grounds to allow organ donation- the idea of sacrificing a lesser life for the sake of a greater life. That is, the brain-dead individual is a lesser life, and can voluntarily give up his organs for the sake of the greater life of a functional person. In classic rationalist fashion, it doesn't concern Natan in the slightest that almost no poskim take this view, after all, why would he care about the opinion of the poskim if he can analyze texts as much as the next guy? Natan even quotes the view of the great rabbinic authority, Rabbi Dr. Michael Abraham (who among other interesting positions believes Hashem doesn’t control the world at all), who frankly admits in an amazing display of humility

זה כמובן בניגוד לדעת כל הפוסקים (כמעט עד האחרון). אבל זו דעתי, ואם אתה שואל אותי אני לא רק מתיר אלא אף מחייב. בפרט לאור ההערות הקודמות. 

This is obviously against the opinion of ALL the poskim, but is MY opinion! And if you would ask me, I not only permit, but even obligate (one to donate their organs)!

However, when attempting to wade through the morass of nonsense in Natan’s post, something happened to catch my eye. What exactly is a "greater life" and what is a "lesser life"? Besides for a brain-dead person, Natan mentions another possibility. He cites a Sefer Chassidim that it is praiseworthy for an am ha'aretz (ignoramus) to give up his life to save a talmid chacham (Torah scholar). This is because the am ha’aretz is considered a lesser life compared to the talmid chacham (an idea the chareidi world is already well-aquainted with). In the past, the opportunity for an am ha’aretz to perform this praiseworthy deed would have been fairly rare. However, nowadays, with the possibility of organ donation, there are unfortunately a small number talmidei chachamim in need of organs, and great multitudes of amei ha'aretz who have organs in perfectly good condition, ripe for the picking. The implication of this Sefer Chassidim, as applied by Natan to the organ donation case, is obvious, although I’m not sure if he thought it all the way through.

Still, who is an am ha’aretz? In many cases, this is not so clear, as the Talmud has many definitions of am ha’aretz. Fortunately, there are likewise many cases where it is indeed abundantly clear. I think most unbiased, impartial observers would agree that in the case of Natan, there is no doubt. He checks all the boxes. Therefore, I invite Natan to practice what he preaches, quickly collect his Instant Organ Donation Card, and proceed to the nearest hospital in pursuit of this great mitzvah. It would be the greatest (and possibly only) contribution to society he could make (besides for being the source of much mirth and entertainment for us at Irrationalist Modoxism!)

Tying it in to yesterday’s Torah reading

We would be remiss if we ignored the opportunity to connect this halachic chiddush to yesterday’s Torah reading. The Torah states (Lev 24:14)

וְאִ֕ישׁ כִּֽי־יִתֵּ֥ן מ֖וּם בַּעֲמִית֑וֹ כַּאֲשֶׁ֣ר עָשָׂ֔ה כֵּ֖ן יֵעָ֥שֶׂה לּֽוֹ׃

If any party maims another [person]: what was done shall be done in return—

שֶׁ֚בֶר תַּ֣חַת שֶׁ֔בֶר עַ֚יִן תַּ֣חַת עַ֔יִן שֵׁ֖ן תַּ֣חַת שֵׁ֑ן כַּאֲשֶׁ֨ר יִתֵּ֥ן מוּם֙ בָּֽאָדָ֔ם כֵּ֖ן יִנָּ֥תֶן בּֽוֹ׃

fracture for fracture, eye for eye, tooth for tooth. The injury inflicted on a human being shall be inflicted in return.

What does “eye for eye, tooth for tooth” mean? Are we to knock out the offending parties eyes in an act of brutal vengeance? That would be barbaric! According to Chazal, it refers to monetary payment. However, as we have seen from Natan, we can ignore Chazal whenever we feel that their views were based on their primitive scientific knowledge. With modern medicine, the true meaning of the verse has become clear. The Torah wants us to perform an eye transplant from the attacker to the victim, in recognition of Natan’s other proposition, “a lesser life for a greater life”. The attacker, who committed a crime, is surely a lesser life compared to the innocent victim, and the principle surely applies, allowing true compensation for the damage.