The terminal patient: Jewish religious law, the Steinberg report and the bioethical discourse in Israel

2003 Jan 7
01/07/2003
By Y Michael Barilan

Abstract

This article surveys key texts in contemporary orthodox Jewish law (Halakha) with regard to end-of-life decision making. The author proposes twelve principles that govern Jewish law in that matter. The article proceeds to examine the Steinberg report in the light of Halakha. Orthodox Judaism regards human life as a prime value, which is always beyond consideration of economical means or quality of life. The avoidance of suffering is the only justification to shorten the life of the sufferer, provided that the acts performed do not fall within the Halakhic definition of murder, namely active and direct action that shortens life. It is argued that the main challenge of bioethics in Israel is the bridging between the positive law of Halakha whose fundamental value is submission to God’s will as manifested in Halakha, and the rationalism, universalism, and egalitarianism which constitute naturalistic ethics. This challenge may produce ideas such as the “clock machine”. It is too early to know if this is a trickery, or genuine ethical creativity.

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