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Rejuvenation: Is Organ Donation against Halacha?
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Freelance Journalist Robby Berman is Founder and Director of the Halachic Organ Donor Society. He speaks with Eve about the difficulty of getting enough people to donate organs and the misunderstandings as to where Halacha (Jewish law) stands on the topic. Is brain death the same as final death? Is it morally okay to receive an organ but refuse to donate? Can your loved ones override your decisions? Not a simple topic, but, once again, an important and thought provoking conversation. www.hods.org
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Auto-generated transcript. Not time-synced to the video.
[Music]
hi everybody savato it is eve herro on
rejuvenation for the land of israel
network today may 19th 2019 the 14th day
VR 57 79 and before I start my interview
today I'm sitting with Robbie Berman in
his apartment in Jerusalem on a really
really beautiful day just want to thank
Ben and Tabitha for helping me put out
this podcast and for helping all of us
and all their hard work and remind you
guys it in just a couple weeks on shovel
off at the Mount Zion hotel land
divisional network is going to be having
a really great long weekend a lot of
learning a lot of tour learning walking
tours I am going to be there I'm
confirmed I'm going to be there on
Sunday I will be there for lunch hosted
I'm one of the hostesses for the lunch
but I will also be giving a class before
that and a walking tour later on in the
day and I'll also it looks like be
guiding on Monday at least the early
part of the trip that's going out to the
farm but I will be taking people to
Herodian and to stay bar on the way to
the farm so I hope that I see some of
you on Chev looked and of course you can
look on my website for more information
and of course get it through the Land of
Israel Network anyhow so on to not such
a light subject something that many
people are I guess would even I would
say are uncomfortable talking about but
as a lot of you know that's what I do on
this show is get us all out of our out
of our comfort zones and really deal
with issues that some of us would rather
not talk about but have to be dealt with
because they're totally out there so
Robbie Berman who I'm so glad I have
made the time to join me today he as
he'll tell you all is about to leave for
the States for a month having to do with
this topic and of course the topic is
organ donations and and the great need
and a lot of the issues about that so
Robbie thanks so much for joining me
today on the Land of Israel Network
you're welcome thank you very much for
coming so a little bit about I mean how
you got involved with this did you get
it give it an organ did you have to get
one did a family member pass away
because they didn't have one like
you know what's your personal
involvement with this so I started the
organization the ha logic organ donor
society about 18 years ago
and I started it because I had noticed
that Israel was not allowed to join the
European Union for Organ Sharing and
when I asked them why they said it's
because it was a very low organ donor
registration rate that at that time 3
percent of the population had signed
organ donor cards in Spain it was like
70 percent so why would that Israel join
a network where all they would do it
would be to benefit from it but never
actually to contribute because I didn't
have enough high enough numbers so I
asked around that Israel why is it that
people don't have organ donor cards and
everyone told me the same thing because
religion Judaism doesn't allow for which
made absolutely no sense because the
majority of Jews in Israel are secular
Jews so I live in the Greek colony and
right down the block there was a non
kosher I think it was a McDonald's and I
went with my pen and paper I was a
journalist I want the right article
about this phenomenon and I waited for
someone to come out it was a big burly
Israeli guy who was not religious
clearly he was not wearing a skullcap he
was wearing a tank top he had a tattoo
in his left shoulder he was eating a big
whopping cheeseburger clearly the guy is
not you know so he's not observant so I
said to the guy do you have an organ
donor card from Israel transplant and he
said ha special um god forbid it's
forbidden by Jewish law to have an organ
donor card I said dude you you're eating
a cheeseburger you have a tattoo those
are forbidden in the Torah in the Bible
you know what you see I said clearly you
don't observe the commandments he said
well when it comes to my life I don't
want the Torah to inhibit my lifestyle
but when it comes to death I want to be
a little bit more religious so you just
mentioned something that my listeners
already know is a theme here a that in
Israel though there's no really can't
say secular and religious or observant
and non because it's a whole spectrum
here and this is a very Israeli Jewish
thing which is that it comes to the
major life issues marriage death divorce
giving us on this you know circumcise in
your son even Israelis who look like
they're not observant or aren't
observant right like the guy that you
just described are very based in
tradition and very based in even well
would be end up being Jewish holla holla
if they wouldn't necessarily say that
that's what they're doing so this is a
very easy to
that you're talking about so but what's
the problem then what is the halacha
problem about not giving an organ so
there are and that that's a simple
question but the answer is a little more
complicated there are reasons that the
masses have that are not based on
rationality that are not based on Jewish
law it's based on misperceptions we will
talk about and then there's a legitimate
reason which people who are in the know
have an issue with and that is and we'll
deal with that one first that is the
brain death issue that there are many
rabbis who believe that a person whose
brain is dead and the heart still
beating even though it's being beating
artificially meaning it's been getting
our oxygen artificially from a
ventilator and it will stop beating in a
few days to a few weeks maybe a few
months but no one's ever woken up from
varying death there are some rabbis who
think that a brain dead body human body
with a beating heart is alive and
therefore they won't let you donate that
person's organ because if you do you're
killing that person all the rabbi's such
as remotion feinstein roth ovadia yosef
the Chief Rabbinate of Israel or Azam if
I'm a globe or they all believe no a
heart is just a pump it's not even a
very particularly smart pump you can
take that pump out of a human body put
it in a bucket of salt water and the
heart will be for another half hour not
knowing it's left the human body you can
transplant a heart into someone else's
body and never connect it to the brain
and it beats on its own for another 30
40 years so those rabbis think that up
beating heart is not a sign of human
life and once the person is unconscious
the brain is dead they can't breathe of
their own accord and the only reason why
the heart's beating is because they're
on a machine that's helping it breathe
that's helping it beat by giving an
oxygen then you are dead for all intents
purposes your what's called a beating
heart cadaver and you should bury that
person so that's the brain death
controversy and that's a legitimate one
there are rabbis on both sides of the
debate you should know a couple things
no one's ever woken up from brain death
the heart usually stops beating upon the
onset of brain death when the heart is
still beating as a result of a
ventilator the heart stops beating in a
few days usually and you have a lot of
stories that people say claiming they
will go from brain death but it's all
nonsense because you never have the
doctors go on television with them it's
like the patient
come on they don't there's not one
documented case of a person waking up so
that's the brain death controversy the
so let me ask so what so what is the
controversy that I mean if you're saying
that the heart will just stop eating on
its own
soon after brain death so then make all
the rabbi's happy and just wait till the
brain is dead and the heart stopped
beating and then harvest you're great
question the problem is is that once the
heart stops beating
it stops distributing blood with oxygen
in it and all the organs now suffer from
oxygen deprivation so you can't recover
any organs see the perfect time is
recover organs is when the organism is
dead by the organs are still alive so
the heart's still beating to keep the
organs alive not necessarily the person
in order to keep it people say well if a
person ever wakes and brain death why
they put them on a ventilator they don't
that's a misnomer they never put it if
you came to the hospital brain dead that
means your brain died you couldn't
breathe you don't get oxygen your heart
stopped beating two minutes later that's
never the case what is the case is a
person comes to the hospital they're
unconscious they're having trouble
breathing they put them on a vent to
help them breathe 20 30 40 50 percent 60
percent while they're in the hospital on
that ventilator unconscious their brain
then dies and now the ventilator kicks
in takes over a hundred percent of the
breathing and accidentally incidentally
your heart still gets the oxygen and
supplies oxygen to all of the other
organs and now your organs are alive but
your brain is dead so in this specific
case that's where the issues come in
with the rabbi's and do you harvest
right right the problem is is that
although I do respect rabbis who say
that brain death with a beating heart is
not death I don't agree with that but I
respect people that different opinions
what I have a morally moral issue with
is those rabbis that say that you know
you can't donate organs when they're
brain-dead with a beating heart because
they're alive but if a Jew ever gets
sick and needs an organ it's okay to
take them from other people who are
those other people be non-jews and
that's morally a problematic stance oh
you have to have the courage to stand by
your conviction that if you think a
brain-dead person is alive and don't
donate your organs but don't take them
either and that's the problem I have
with people who take
that path this is a very extreme case
that I'm just remembering of someone
that we knew from Los Angeles whose son
I believe needed a lung and did not they
could yeah well you need a lung
transplant a young boy and he didn't he
didn't get it and he died and he could
have the parents didn't cuz the rabbi
told them think they could have saved
him if I don't remember no problem see
people hear so many stories and they
spread the stories as if it's true
people even read articles that I wrote
or that I was quoted in and then they
repeated to me and they just didn't get
the article they didn't understand it
they didn't remember problems so you and
I are both in the world of journalism
that's one of the problems credible it's
unbelievable it's unbelievable so I
wrote an article criticizing the Chief
Rabbinate of England about 10 15 years
ago under the leadership of Rabbi
Jonathan Sacks where he said Jews can't
donate organs because when they're
brain-dead they're really alive but if
they ever need organs it's okay to take
them from other people so I criticized
him and people call me up and they say
why criticizing the rabbi he's all for
organ donation said I didn't listen to
the article he's not he's not he's for
living donation for Jews when they're
alive to donate a kidney but he's not
for cadaveric donation and they just
they just missed that on a nuance but
it's a significant nuance he changed his
mind or rather Sachs is still holding
their had people approached him since
he's left the Chief Rabbinate he still
hasn't change his mind and I find that
he was criticized by rabbis and doctors
around the world what about other
religions I mean here in Israel you have
a significant Muslim population and also
not a small Christian population in
addition to Druze and some of you know
other other religions is this I know
you're focused on hahaha and on the
Jewish part but you have contact with
other religions yes well I I was
recently interviewed on al hora
television it's a satellite Arabic
television network and I was interviewed
in Arabic to talk about the similarities
of Sharlee and a lot on this issue in
Sharia Arabic Muslim Islamic law
there's also debate about brain death
and whether or not brain death is death
or not and they have a similar type of
debate about it I'm more of an expert
expert in Halawa and Jewish law that's
why a lecture about the topic on our
next we're just on this
issue I'm not an expert on other issues
is my only issue that I'm an expert on
but but I would I didn't get to was that
the other issues that Jews have an even
and use with donating organs and that is
there are three biblical prohibitions in
the Bible there are 613 biblical
Commandments some are positive some are
negative meaning about shafte now
shouldn't and there are three negative
prohibitions in the Bible it's called
the raita which says you can't do three
things with a corpse and one of them is
you cannot get benefit from a corpse you
cannot delay the burial of a corpse and
you can not destroy or desecrate a
corpse when you don't eat an organ it
would seem to be you're cutting into and
destroying part of a course you are also
getting benefit from a corpse and you're
also delaying the burial by a few hours
at least all three all three and people
say so how can I donate organs for
violating three Bible Commandments and
the answer is very simple
there's also command in the Torah not to
eat pork but you're allowed to eat pork
it's a mitzvah T pork if it can save
your life
because we know Pequot nephesh saving a
life overrides almost every single
commandment in the Torah so why do you
understand that by eating pork but you
don't understand that by donating organs
I once met a man in Brooklyn who said
that he would never eat pork I said what
if your life depended on it you were in
a desert island you were starving to
death you came across a vending machine
it was solar paneled so you know just
for consistency's sake he was stranded
with exact change and had pork sandwich
what do you think would you eat he said
I would never eat book I'd rather die
than eat pork well I said well you know
you seems to me you're a very religious
man but what religion you are I'm not
sure because it's not Judaism that's not
Jewish law Jewish law is you do almost
anything in order to save a life when
the Torah was written could they have
envisaged a time where you would have
doner
you know organs great point awesome
point and that's what because people
said to me why do I think this was why
do I think this has become a taboo and
not other things and that's because
exactly the thousands of years people
could envision I would need to eat
non-kosher to save a life I would have
to travel on the Sabbath to save a life
I might have to light a candle light a
fire to say bye
well no one could ever imagine that I
would take a knife and cut up a dead
body to save a life and that's why I
think that that took on the taboo I'm
very happy that you all came up with
that because people often ask me that
and that's my response to them and
that's why Judaism is supposed to be
rolling with the times and rabbis are
you know you didn't also didn't have
electricity in the time of the Bible so
how come there's a prohibition against
turning on lights and shut back because
when electricity became an issue the
rabbi's had to sit down and say is this
burning is this making a fire is it not
and there's so many things right now
that are happening is the world is so
fast-paced that the rabbi's are really
and you know some are and some aren't
keeping pace the the more modern
organization Sohar the Modern Orthodox
rabbis where do they sit on this
therefore they're for illumination when
I started the organization a 18 years
ago there were only two rabbis in Israel
that had organ donor cards and only 3%
of the population I don't know no cards
120 Israelis were dying every year I
signed up about 350 rabbis they get the
ID card the Israeli organ donor card
that had trickle-down effect and now 16
percent of society and Israel have what
we don't Accords mm-hmm and now only 80
Israelis die every year on the list
waiting for organs 80 is still too much
but it's better than 120 oh we part of
the European know I think we have to get
it like 35% or 40% to get in there so
we're still suffering from that New York
New York Times had an article a few
months ago that said that New York State
has a lowest organ donor registration
rate out of all 50 states and when they
turned in the article they turned to the
federal government agency in New York
State and said why why does New York
State have a lowest organ donor
registration rate and they said two
words Jews and Chinese they the largest
population of Jews and Chinese in
America live in New York and they tend
not to donate for whatever their reasons
are so what are some other reasons that
Jews don't donate and other people
donate well first of all Jews can be
very superstitious and they don't they
believe in the evil I die in Allah and
they don't want to sign an organ on the
car that says that if I die I want to
donate my organs because they feel
somehow by signing this this document is
negative really negative conditional
document that if this happens this
horrible thing happens to me I'll donate
my organs they feel somehow that they
will be
um I don't know what to you were to use
but they're gonna bring it upon
themselves so I assume I also don't buy
life insurance that so that's what I
respond to them I said you know deep
down you don't really believe in the
evil eye cuz if you did you wouldn't buy
health insurance car insurance fire
insurance death insurance flood
insurance flight insurance every
insurance policy says if this horrible
thing happens to my family they're gonna
get money etc not only that if you were
if you really believe in evil I'm no one
when they got married it was signed a
ketubah a ketubah most people think it's
a marriage document in Jewish law it's
not it's actually a divorce document not
only do we sign it but we draw beautiful
illustrations we frame it we put on the
wall and the newlyweds when they have
guests over to say oh look at our
beautiful divorce document did this if
we get divorced in this horrible thing
happens look you know we'll look what's
gonna look what's going to be so if
people don't really believe in it it
seems I hate to be cynical but that's
one of my personality flaws if you put a
document in front of someone's face and
say hey sign this horrible document and
if this horrible thing happens your kids
won't inherit a million dollars or you
will get a million dollars everyone
signs it well put it docket in front of
their face and say hey sign this
horrible document and if it happens you
will get no benefit from it your
children will get no benefit from it and
you'll save the lives of eight strangers
who you don't know so that's one of the
issues of going on here so that's the
evil eye there's another superstitious
belief and that is there are many people
many Jews Orthodox Jews believe in a
resurrection of the dead now I happen to
know that I will not be resurrected from
the dead demon there is a resurrection
because the Rambam Maimonides says that
i won't be resurrected he doesn't
mentioned me by name but he says only
righteous people we resurrected I've
seen my CV my resume and I know for a
fact I'm not a righteous person so I
will not be resurrected but for those of
you concerned that you need your organs
resurrection I want you to think about
fully what your belief says this is what
your belief says you believe that you
need to be buried with all of you organs
in order to enable God to resurrect you
that's a very problematic statement
first of all there's no source of that
statement anywhere in classical Jewish
literature number two it's theologically
problematic to say that God can't do
something if God wants to do something
he can do it any Hitler I think cremated
about a million out of the six million
you mean to say God wants to he wants to
resurrect in a million Jews but he can
because Hitler won the game cuz he'll
the cremator them and now he's really
the fast one over god I mean none of
that makes sense and three most
significantly your organs disintegrate
in the ground where you don't have the
old decay you don't have your organs or
resurrections so for those people who
think they need two organs for
resurrection that is a superstitious
belief there's no source of that
anywhere in classical Jewish literature
no one says you need to be very with the
organs in order to enable God to
resurrect you there's another one you
know most people they go they watch a
lot of TV and they hear this famous
phrase it's you know the priest or the
rabbi says at the graveside funeral from
dust you came and from dust you shall
return may fr lucasta life are to shoot
and people think oh look we came from
the ground we got to go back to the
ground hole I know I happen to have
learned about sex in fifth grade and I
found out my parents didn't make me from
dirt they had a much more interesting
way to make me most people were made
from dirt who was made from dirt in the
Bible Adam Adam was made from dirt
that's God telling Adam that he's going
to die in a very literary way because
you sinned in the Garden of Eden you
will now return to be an inanimate
object you came from dirt you will go
back to being dirt but nowhere nowhere
in classical Jewish literature does
anyone write that down as one of the 613
commandments that you must be buried in
the ground it's not a commandment
anywhere in fact that story says a lot
of other interesting things then no one
counts as a commandment that says that
because Adam sinned not only will he die
but now he has to work by the sweat of
his brow have you ever heard a graduate
of your university say I really want to
be an investment banker or a lawyer but
you know what we don't sweat enough and
as a commandment to work by this way
that's ridiculous
it also says that women as a result of
Eve will now have to suffer intense pain
and childbirth no one says it's a
prohibition you can't get an epidural
because of this comment
it also says as a punishment in that
story that women will now have to
subjugate their will to their husband
who in 2019 which woman wants to stand
up and say yes I believe that's a
command from God we must subjugate our
world or husband none of those things
were considered to be Commandments if
you want to know why they were and what
you learn from it you could read some of
the commentaries on there but no one
considers them to be Commandments so
these are the different issues that come
up the big thing is the brain death
issue and unfortunately people watch too
much Grey's Anatomy er House a good
doctor and they think they know what
brain death is and they have no eye
they always confuse it with coma or
vegetative state and that's not the same
thing
coma and vegetative state are the same
thing one a short-term coma short-term
vegetative state is long-term but brain
death means when not just you're in a
coma but also the brainstem has died and
that means everything has died and
that's a completely different animal
okay so you've very eloquently laid out
why people don't sign up and have the
card and and want to want to donate
organs but there is a situation with the
kidneys where people are alive and can
donate their organs so because you have
to so what's happening with that so
there's a huge movement specifically
among Orthodox Jews both in America and
in Israel two great organizations
renewal in America a monolith Khayyam in
Israel and they up six he didn't doing
hundreds and hundreds of living
transplants where people just show up
and say we want Altos that we donate our
kidney and say the life of a stranger
it's great I mean at in America every
year there's only 600 altruistic kidney
donations most of the living kidney
donations are from father to son or
daughter to father or whatever might be
but purely altruistic we don't know the
person there's six hundred and out of
the six hundred in America 33 percent or
Orthodox Jews which is incredible
incredible given the fact the Jews are
only less than two percent of the
population in America so what people do
is they also try to do a little bit of
leisure domain where they try to fool
you and say well with Jews were not
really donating organs from cadavers
from beating heart cadavers but we are
from living so we're contributing
society well the truth is is not so I'll
to asipi as those Orthodox Jews by and
large donate to other Orthodox Jews I'm
not saying there's anything wrong with
it I think it's great and in society
does benefit indirectly because they're
getting people off the list and people
move up the list but it's not a hundred
percent altruistic as you donate into
your your group and I think we need to
step up to the plate if we're gonna take
organs from beating heart cadavers we
should donate organs when we're beating
our cadavers if you don't think that's
death and don't donate organs don't get
an organ donor card but don't take you
know we had a terrible case here in
Israel a few years ago where a 72 year
old woman was brain-dead religious woman
religious
family they asked they asked the family
to donate her organs there was a 52 year
old guy here in Israel who needed a lung
transplant they had the same blood type
the family said we have to ask our rabbi
they went to the rabbi in Bnei Brak and
he said no brain death with a beating
heart is not dead the heart's a sign of
human life always so they said no so
what happened the woman's heart stopped
beating three days later they buried her
and this 52 year old man or 56 I forget
already he died about a month later
didn't get a lung transplant now that's
it that's a tragedy but that's not a
solution that's not a desecration of
God's name where was the tragedy
a week later an investigative journalist
from a theatre who note had discovered
that this woman three years prior was
dying of liver failure and she asked
Israel transplant to get her liver from
a brain a beating heart cadaver and they
did so she took an organ from a brain
dead beating our cadaver when she needed
it and her and her family took it but
when it came to donating they said no
Arab I won't allow it and that is hugely
morally problematic I mean I see for you
that this is actually your biggest
problem right now is that there's an
inconsistency here even somewhat of a
hypocrisy we could say that you can take
but you cannot give and so it seems like
you're the main group that you need to
be working on then is the rabbi's
because no okay first of all we have
hundreds of worthless rabbis that have
our card I don't need to get another
five ten fifteen twenty that's not it
and this is gonna sound strange but my
my strategy is is that the majority of
Jews are not Orthodox yet they think
orthodoxy doesn't allow for organ
donation so I signed up a few hundred
rabbis I made sure they had long beards
and I show pictures we have brochures
when we get funding we run out of these
brochures very quickly but we get
funding and we produce we met we we go
to press on these brochures we destroy
them around the world I've lectured in
about 12 countries to more than 50,000
Jews over the 18-year period and it's
and has had incredible impact we're
secular Jews will see rabbis with beards
that have organ donor cards and they'll
donate organs but Orthodox use is such a
small percentage of Jews around the
world
like I don't need to go ahead and get
every last Orthodox Jew there was a
famous case here in Israel where a
woman's son of an Israeli soldier in the
war in Gaza jumped into the tunnel and
got a bullet in the head and they pulled
his body out he was attached with a rope
pulled his body out they ventilated him
brought him to the hospital in Bair
Sheva and they were managed to keep his
heart beating even though his brain was
dead they asked the family if they would
donate his or it's not a religious
family and the family said no it's
against Jewish law the transplant
coordinator from Israel transplant
pulled out the brochure from the halacha
organ donor society unfolded it unfurled
it it's a long brochure all I'll show
you I have it here and said no there are
rabbis plenty of rabbis that have organ
donor cards and they saw all those
pictures and they changed their mind and
they donated his organs they saved a
lives so that's incredible and that's
wonderful - you were so effective now
you said that Orthodox Jews which seems
like maybe you should just forget about
the Orthodox Jews because there are more
trouble than they're worth if it's not
if most of the people you can convince
and I'm speaking as someone who
considers herself you know part of that
world and has a organ donor card
incidentally I should say that and have
for a very very very long time and my
kids know that as well
skin like whatever I'm not going to need
it but the question is though do you
have the right here to say were you on
your organs to go so I'll tell you
something very interesting Israel like
every other enlightened country liberal
democracy does not allow you to say
where the organs are going to go when
you're dead you're dead and the
government decides on a needs basis who
needs it they do have something in
America called directed donation that if
someone has brain-dead with a beating
heart and then they say we don't want to
donate they say well donate but I have a
cousin who needs a liver I want them to
get the liver they'll allow you to
donate one to direct one organ to one
person but the rest goes to the
generalist
in Israel up until 2006 the number one
form that was rejected by Israel
transplant like people would fill out
these forms is a please send me an organ
donor card but some of these forms
people wrote stuff on them conditions
that couldn't be honored so Israel
transplant rejected them so the number
up in 2006 the number one form that was
in Israel was I want to do anything my
organs but only if they don't go to
Arabs because of the racism or the
perception that every Arab the mistaken
perception that every I was a terrorist
well I've heard this from people I don't
want to save somebody who could
potentially be a terrorist and kill Jews
I wouldn't want my family's my father
whatever his heart to go to do that I
pray that people say my organs to go to
a Jew that kills Jews and there plenty
of Jews and Israel that killed Jews ok
the numbers are obviously way different
when it comes that ok
there's probably sufficiently speaking
there's probably more Jews and kill Jews
and Arabs that kill Jews we have a
country of nine million people seven and
a half million or Jews one and a half
million are Arabs
okay we're not gonna get into discussion
about terrorism but you ever I think all
my listeners understand what this is
going that in a country where this is
very much an issue nobody wants to save
it to a potential terrorists and I I'm
not saying just saying that this has
been an issue someone say I don't want
to say a terrorist great a potential
terrorist so a three month old baby
who's a Jews and Arabs also potential
terrorists and that's the answer that
I've also given to people is your
personal you don't know what someone is
going to grow up to be and second of all
maybe the fact that you have saved a
life in this Arab family will cause the
family to think different and maybe not
maybe I'm being completely naive and
maybe they just want to you know there's
still gold buy their job but we don't
know we just don't know and because the
Muslim married to a physician that that
can be an issue in anybody who's dealing
in the medical world why should you have
somebody come into the hospital as a
Jewish doctor as an Arab doctor and
saved somebody who potentially is going
to be against whatever your ideologies
you can't do that Hippocratic oath you
have to save lives period but by the way
by the way because of the demographics
in Israel out of the eight people that
are gonna receive an organ there's nine
million people in the country seven and
a half million are jews one and half
million or non-jews most of them are
Arabs so if you say no to organ donation
because you're afraid you might save an
arab that means you say i'd rather let
seven jews die then save one arab does
that make any sense and the reverse is
true too
because when the arab donates an organ
he also donates eight organs and seven
go to jews and one goes to an arab so
even if you're like a very self-centered
drag a pragmatic individual and you want
to save more jews and arabs
you still will save more Jews if you
donate organs but what I wanted to say
was to continue that thought excuse me
but difficut in you that thought in 2006
there was a point of inflection and the
number one form that was rejected by
Israel transplant because the condition
that was written on it was I want to do
any my organs but only in the condition
that it doesn't go to ultra-orthodox
Jews the querido this game this game has
no as no ending yeah I once had a woman
call me up from Florida and she said she
wanted to donate her kidney altruistic
to an Israeli she didn't want to donate
to anyone she wondered I said great she
said but I don't want to go to any Jew
living in the West Bank only Tel Aviv
only West Jerusalem I'm like lady I'm
not gonna play this game whoever needs
it the most should get it I don't care
if they're Jew Arab Muslim Christian
black white Chinese whatever I'm not
gonna play God so have your work cut out
for you here now I remember a few weeks
ago oh it's already a couple of months
ago rough Ettinger IV odd I think her
from the community vaguely father of 12
because kids were friends of my kids was
shot in a terror by terrorists near
Arielle and the family donated his
organs and he was really an exceptional
person and they they any very Orthodox
rabbi it's dirty Sheva in Tel Aviv and I
believe that all his organs were donated
and that was in the news at the time as
well yeah I seem to remember that I
don't know it as well as you do but I
seem to remember that the family said
that they wanted to donate his organs I
don't know if any organs were actually
don't it it is very and people don't
seem to understand that only organs are
taken from a person who happened to die
in the hospital while they were on a
ventilator and then the brain died not a
person was killed on the street and a
terrorist attack or a car accident do
you know how frequent it is for a person
to die on a ventilator is it so people
think oh if everyone signed an organelle
ducati plenty of organs to go around no
the answer is out of all the people that
die in Israel every year in every
country it's zero point zero zero to
four percent very very small and that's
why it's important that everyone gets an
organ donor card because we're so
desperate to get any donation going on
we have to sign up as many people as we
can just a few weeks ago I read a very
interesting article I'm sure you read it
too about printing organs now alright so
here we are in 2019 all kinds of crazy
stuff happening in the world where
they're also doing experiments that's
and stem cells right at some point you
can be born you could bank a little of
the little puppy you know your umbilical
cord blood so everyone's got what they
started from in a vial and some blood
bank somewhere and then if God forbid
you lose an arm or your heart starts to
go for some reason you need to
regenerate you're an organ of your own
you'll have the starter cells the stem
cells to do it and then of course you
have this whole thing of 3d printing and
if possibly actually being able to print
which would mean that all this entire
conversation and this entire issue is
done is dead if you will right thoughts
like that trouble me because every year
7,000 Americans die waiting for organs
eighty Israelis die waiting for guns and
I've been hearing this about 3d printing
for about 15 years already there has not
been one successful case of 3d printing
in organ F functions maybe will be in
the future it looks like we're going in
that direction
I hope it will happen until then we
should stop talking about it let the
doctors the researchers do what they
need to do when we get there we'll all
have a party and put myself out of
business
I would love to close down the halacha
organ donor Society and say there's no
longer problem we can just print
whatever we want the only thing they've
been able to 3d print and actually
wasn't 3d printing I think it was but
what they did grow was a bladder a
bladders not a functioning organ or
bladders like a human tissue balloon
they're just fills with urine empties of
urine it's not a functioning organ they
haven't able to create anything in fact
if you took a look carefully and I
watched it carefully on television that
night they show that 3d printed heart
there was no blood in that heart and yet
the veins to the heart looked blue why
because they used dye to show you where
the vein is it's very it's in the very
early stages it looks really cool
there's till today there's not an any
artificially functioning organ that's
made from human human cells so tell us
what the what organs there are okay so
bladder isn't
so what are the usual like what's the
list of what knees I mean the typical
number that we have in the industry is
eight but it depends how you count it
skin is an organ so large is organ in
the human body you need that for people
who have burned victims and they need
that to present infection so skin to
kidneys liver it could be cut in half
because the liver grows back lungs have
you have five lobes of your lungs they
could be also separated pancreas and
corneas cornea is interesting because we
said before that you're allowed to
violate Jewish law to save a life okay
so then can you donate your corneas
because the person's not gonna die if he
doesn't get corneas he just won't see so
what happened was the chief rabbi of
Israel really Unterman in his 60s he
wanted to somehow make society a better
place he created a legal fiction using
Talmudic law to say that since the
Talmud says that blindness is akin to
death right because don't forget in
those days if you were blind you
couldn't chop wood you couldn't sell
wood you couldn't get food there was no
Social Security you couldn't function
and don't forget also today even today
people who are blind died at an earlier
average age because of accidents and
depression so there is something that
you're extending someone's life and he
basically said let's create a legal
fiction since the Talmud the track date
Nidoran page 60 fully obi says that a
person who's blind is as if they are
dead therefore we'll say we can donate
corneas because if you donate a corner
you're saving a person from blindness
which is saving him from death he did
say though that you could only donate
one cornea to one person cuz once you
give him sight in one eye he's no longer
under the category of a blind person
no very these legal fictions are common
where the rabbi's are trying to help us
function in modern day society that's
why over this last piece off you and I
had things in our house that we
shouldn't have had but we quote-unquote
sold it to a non Jew that non Jew
doesn't know where I live he doesn't
have a key to my house he never picks up
the stuff and magically right after the
Passover was over he sells it back to me
so it's kind of a legal fiction to helps
us form our own society so you're about
to head out for a month abroad to talk
about the halacha
hey could you give my listeners a way of
finding out where you're going to be in
case this is piqued their interest and
also are you is it just for Jews
or can Christians come also a lot of my
listeners a lot of the people that I
guide here and some I think of the most
interesting things going on in not just
the United States but in the Western
world right now is Christians coming
closer to the Bible understanding the
relevance of the Bible and perhaps this
is something within their communities
now that they weren't so aware of I mean
if they were you know if we had a lot of
Christians giving donors that would also
fill fill in a lot of the gaps so it is
that part of your intended audience or
your just working towards getting Jews
to understand that this is not against
how the huh right
so I actually happened to be very racist
I only allow human beings to come to my
lectures so if you're a human being
income you're not aiming you can't come
also concerning donating organs I'm very
racist as well the organs must go only
to human beings I will not allow them to
go to non human beings that's where I
stand I'll be lecturing and more than
happy I've lectured in I've done Grand
Rounds and hospitals I've done I've
lectured in the Christian school in East
Jerusalem the Schmidt school all of them
were Christians and Muslims they were
not Jews I'm more than happy for
everyone to learn if they want to learn
what Talmudic law would halacha Jewish
law says about organ donation and brain
death I'm lecturing in Englewood I have
a Torah on June 2nd formally rabbi
golden shul
I'm lecturing in June I think 15th or
about maybe June 18th in the Hamptons
out on Long Island and I'm going very
excited this week I'm going down I was
invited because we have saved so many
lives in Israel the ambassador the
Israeli ambassador to Washington
ambassador Ron Dermer has been gracious
enough to invite me to their Yamato with
their independence paid they party
they're having this week in the embassy
in Washington so I'm going there I'll be
there for the party on Wednesday do you
have extra dates open if somebody was in
touch with you and said listen you know
you're not you're not scheduled to come
to my community I don't know they're in
Chicago wherever they are but this
sounds like something that I think I can
get a few people together for do you
have some open date sure a lot of days
that are open absolutely and if you're
interested in getting a part-time job
and public relations I'm one happy to
hire you because you're doing a very
you're doing a better job than I am but
yes I'm open to any dates just give me a
call
Robbie Berman and Hodes org R o BBY BER
ma n @h OD s that oregon's for Halawa
organ donor society org there's a
website I assume that explains all this
Hodes dot org it's a very robust website
with dozens and dozens of videos from
rabbis and doctors explaining brain
death from a medical perspective from a
halacha perspective many many articles
we have a lot of articles on our website
that are against organ donation and
against brain death because I really
believe that the truth will went out and
I'm not trying to hide anything from
anyone so feel free if you're want to
get some information against organ
donation you can read it on our site as
well is one of the concerns about people
accepting it let's talk about that do
you ever have concerns from people
accepting it because you do have let's
say AIDS or you know or hepatitis and
with donating an organ I would imagine
would come whatever disease pack the
person who died had with them and then
you could have that issues of does that
so we've been talking about the donor
part but how about the recipient side of
it so that's a great question there
there have been cases where people have
contracted cancer aids from donations
it's very very rare the doctors do a
very good job technology has gotten very
very good in trying to determine what
what what the person has it doesn't have
it used to be if you want to know if you
had AIDS you had to wait for six months
before you determine now they have a
Testim
it's okay that it is a risk but it's a
very very small risk assuming if
someone's on a donor list their risk of
dying is pretty high from because their
liver is failing or whatever so I would
imagine that people aren't gonna get
overly choosy obviously you don't want
it to get something diseased implanted
in you along with your new liver there
are people who are so desperate to get
an organ is a no they're about to die
they do take organs that are called
extended criteria which means it's not
the normal criteria but the organ
doesn't look good it's not perfect the
person had cancer the perfect person has
HIV you can there's no substitute for a
liver
you have the alysus for a kidney but not
for a liver so if your livers failing
and you doctors think you're gonna die
within a week there are people who take
livers from HIV patient because people
don't die from HIV anymore it doesn't
blow up and into AIDS they just take the
cocktail and they live with HIV it's not
ideal they don't want it they prefer not
to but they refer that over death right
it does not sound ideal but it's
definitely better at least at least
you're alive and I would imagine let's
say skin you know even if somebody
of a disease I mean I'm assuming the
skin which is the big organ like you
said especially for people with terrible
burns you could still you know still
take somebody's good yeah I don't know
how if disease transfers through skin
because I think the way it works is when
you get burned over the majority of your
body they put the skin transplant on
it's not really transplant it just
covers your body to make sure you don't
get an infection and then when when your
body is strong enough to grow its own
skin back the transplanted the
quote-unquote transmitters in sloths off
so it just protects you for a certain
period of time and then you grow your
own skin so it might be that it doesn't
transfer any kind of any of those
diseases when you started this 18 years
ago did you know how difficult this was
going to be I did not know how difficult
it was gonna be I had projected I
remember my first board meeting I said I
think I can solve this problem between
three and five years and my board
laughed at me
also I tell you the problem I'm not a
professional fundraiser and yet I raised
the money for the organization it
fundraising is an awful all I I hate it
with a passion and I really thought that
it was difficult in the very beginning
because I was trying to sell a dream I
was trying to sell a vision of what I
could do but I could cause a sea change
among Jews and get them to all of a
sudden understand as the there's major
halakhah support for elimination so I
thought it's hard to sell a dream but
after a couple years when we started
saving lives when people started
donating organs because of the halacha
organ donor Society I thought the money
would just come pouring in and
unfortunately it just hasn't happened so
every year we struggle to make ends meet
yes the money goes towards what towards
the education and we have a staff and
the brochures and look at the website
and the video production advertisements
right now we have a great program going
on we were paying six college students
throughout America to become advocates
for organ donation with his large Jewish
presence on their college campus and
they have to do a whole set of things
that we train them to do their year and
they're getting a $2,000 grant by the
way you can still apply for this grant
till the end of June if you know someone
who is in a very big population of
Jewish students on their college campus
we give you $2,000 you can use the money
to pay for your tuition to buy food to
do whatever you want go out to
restaurant that's your money but you
have to do things you have to organize
two lectures during the year one with
the transplant surgeon one with a wrap
by you need to write an article or
encourage the student newspaper to write
an article about organ donation in
Jewish law we have a whole list of
things to do but that's not the Hat
program HIV the hoods Ambassador Program
if you're interested in being the bass
or being an activist on campus please
contact us and we'll send you the
application okay so the fundraising is
towards the educational aspect you're
not paying for the transplants every
country or every people have their own
insurance and if they if the transfers
happen that that's a completely other
excuse the ridiculous it's not even a
joke completely the other organ of
services that's Orion yeah yeah we don't
we don't get involved in the actual
transplants we're educational
we're awareness we we try to help people
make the right decision and let them
know this great hallo fix support for
the decision of donating organs but we
don't actually go into the hospital
people call me up all the time they say
I need a kidney I need a heart I need a
lung can you help me
unfortunately I can't okay Robby burn
anything else that miss was tremendously
informative to me no I thank you very
much for the opportunity and again I was
very happy that you were able to
immediately alight upon the reason which
I also think is why not cutting into the
dead bodies become a taboo
when violating every other commandment
people all get right away oh I can be
pork if to save a life I can drive on
the Sabbath but why did this become a
taboo because no one could ever for
three thousand three hundred years no
one could ever imagine that cutting into
a corpse by the way don't forget also
that when the Torah was written not days
for creating a dead body in those days
desecration was what dies does isis/isil
right they kill someone that cut off the
head they play soccer with a head
disgusting that desecrating a dead body
but rabbis don't view donating organs
it's desecration desecrating means your
your purpose your intention is to really
denigrate the dead body there was a
rabbi if famous Moroccan rabbi and this
is while people never heard of this he
was a famous Moroccan rabbi chief rabbi
- died in 1973 he had ruled that Jews
could even donate their bodies to
science not even to save a life but just
a science why he said that's not
desecrating a dead body
when they cut it up he said your
intention is to improve medicine he said
why is donating your body to science
more of a desecration than letting put
it in the ground I'm letting worms or
microbes eat the body so he was all for
it but people don't hear that people
don't know it people think Jews could
never get
autopsy's not true at all if thy doing
an autopsy you most likely can save a
life then you can do the autopsy that's
where the rabbi's rule people don't know
that so I was finished studying medicine
in Italy and they learned gross anatomy
with plastic cadavers because Italy is a
Catholic country and doesn't allow to do
it on real cadavers he internal medicine
internal medicine so something that just
occurred to me because you mentioned the
rabbi from Morocco do you see a
difference in the rulings between rabbis
of you know the Middle Eastern rabbis
with the miss names farty rabbis Mizrahi
rabbis but the rabbis who lived more and
ruled more in a Muslim oriented world
shall we say versus Ashkenazi rabbis the
rabbis who were much more influenced
living in Ashkenazi and living more in a
Christian well well first you should
know the chief Ravinder of Israel always
has two rabbis chief rabbis party chief
rabbi Aaron Ossie every single chief
rabbi for the past 30 years has said
brain death is death and we should
donate organs unilaterally yep both in
general the Sephardic leadership the
Sephardic rabbinic leadership have all
said that brain death is death and Jew
should donate organs that's Rafa Mar
rather than Joseph or mortify the owl in
the Ashkenazi world is a they're a great
Ganassi postin would also say brain
death is death by moshe feinstein
rosamma Simon Goldberg define Steen near
ah from Shapiro but they're also great
good olam that don't a great rabbinic
leaders such as ruff Chandra Valley
achieve they say no because you have a
lot of Ashkenazi rabbis that will in no
way shape or form
break from the position of Russia
flourish if they say no we can't leave
rain death is not death - can't donate
organs could be that a new generation of
rabbis because this amazing wonderful
generation of rabbis really incredibly
brilliant men who kept Torah live in
Europe for so many years many of them
are now dying that generation their 90s
and their hundreds these are the
survivors of the Holocaust who really
rebuilt the Torah life in Israel and in
other places in the world and it could
be that some of the newer generation
well maybe a little you know understand
medicine a little differently understand
the world a little differently are
living in Israel and not
necessarily in Europe anymore will you
know come around and and you know see
what was what it is that you've been
saying right and soul of God and the
main thing is of course that we should
all be healthy and never need an organ
donation so if you're smoking put the
cigarette down right now no more okay
but yeah but things happen and people do
get sick and people are born with your
readers your listeners just the thing
about one thing everyone who's listening
think about it seriously if you were
dying you needed an organ or your father
or brother or sister or child was
needing an organ and there was someone
in the hospital who had a child that was
brain-dead with a beating heart that
would hurt but that would stop beating
in a few days and they were having
issues that they didn't want to donate
what would you want me to say to them
well what you would want me to say to
them say to yourself because you know
you would take an organ and you would
beg to get one so think about other
people I know at the moment of death
it's very traumatic and very emotionally
challenging and people kind of just
become very defensive and think only
about themselves but it is at that very
moment when you shouldn't just think
about yourself think about other people
and when you do that it makes you feel a
little bit better and I also want to
take that decision out of my children's
hands that if something is happening to
me I don't want that someone to come up
them and say well can you know you
donate her organs because they're
probably not concentrating on that you
know things at the moment that's why I
have my card signed they know that that
is what I want to have to have you know
happen and there's no decision for them
to make I've made that decision and I
just want it to be carried out and I
think that just like we make wills or we
wanna make sure that the kids don't
fight about the inheritance and we
shouldn't write and we want it lay it
all out we should do this is a
difference between israel in america and
america organ donor cards are actually
legal legally binding documents and they
will fight if you if you sign a card and
you are brain-dead with a beating heart
and the family says we don't feel
comfortable with over the nation they
will go to court and try to remove the
organs regardless of the family but in
israel even if you have an organ donor
card if someone in the immediate family
says no don't do it they won't
to it Wow okay I need to have the
conversation with all of them sure you
have to have the conversation and what a
wonderful way to actually have a
meaningful conversation with your family
about your values by caring about other
people you know remotion Feinstein's
said yes donating organs is emotionally
a very difficult thing to do yet cut up
my father's to save the lives of
strangers you said but that's the
Mitzvah
that's the good deed you're doing
something which emotionally is difficult
to do but you're doing it because it's
the right thing to do that's the mr.
that's the good deed that you're about
to embark upon and what and as Robbie
Riskin said what's a better way to go to
the pearly gates when you upon your
death say rabbi
I just saved is rabbi God I just saved
eight lives it's the same thing as
planting a tree whose fruit you may
never eat and there's some things that
you just do in this world and you do it
for the future not necessarily for
people are gonna know either and that's
really the legacy that we all live
behind so thank you Robbie Berman for a
very very interesting discussion and I
hope that you get people coming and
you're able to you know have people make
intelligent decisions but also based on
Hanukkah which is important to so many
of us we don't want to do things despite
what our leaders say we would like to do
things because what the leaders say and
feel that it fits in beautifully with
the really the overriding messages of
Judaism which as you said at the very
beginning saving a life takes precedence
over virtually everything else right
thank you very much for interviewing me
and making this an important issue to
share the information with people thank
you alright everybody I would say like I
hope you enjoyed this show I don't know
if enjoying this word but I hope you
found it informative and and perhaps
rethinking some of you know the ideas
that you had because this really is a
very very important issue and as Robbie
said you know if you're in that
situation and you need the organ you
know you would like people it to be
available for you as well
okay so lord I doubt we should never
need it from either side okay Eve Harrow
rejuvenation on the Land of Israel
Network take care of you Betty you can
always be in touch you can always check
my website for what I'm doing and about
to do and next week I think I'll finally
like sit down and fill you guys all in
on my last very interesting month
including a side trip to Sola Nikki last
week but
we'll have to wait until next week so
take care of your would eve hara
rejuvenation on the land of israel
network goodbye for now
[Music]
hi everybody yves herro host of
rejuvenation join us on a land of israel
Network for the shovel what of a
lifetime where I will be giving a
special class that weekend and guiding
Herodian on Monday as the bus goes out
to the farm so join us for the shovel
out of a lifetime in just a few weeks
Thursday through Monday June 6 through
10 2019 at the Jerusalem