Thanks to remarkable recent developments in organ transplantation, it is now possible to save lives by removing organs and tissues from the dead and transplanting them into a patient who needs them. The donation of organs involves the fulfillment of the greatest mitzva of saving lives, but it also entails difficult halakhic questions that require careful investigation.

One of the major problems in the field of organ transplantation is the question of determining death. There are organs and tissues that can be removed after a person has died completely and his heart has stopped beating, but many body parts can be successfully transplanted only if they are removed from the donor while the heart is still beating. Organs are harvested from patients who have experienced brain death, but whose hearts are still beating.

This brings to the fore the question of defining the moment of death, for the removal of organs before death would be strictly prohibited according to halakha. There is no conformity of opinion between the halakhic authorities and doctors on this issue. Given the gravity and complexity of this matter, it is essential that both medical and halakhic authorities be consulted in determining the death of a person. Together they will establish that the person is indeed dead, which means that the removal of his organs is not considered murder.

In recent years in Israel, there has been a widespread campaign to encourage people to sign an “Adi card.” This signature is a declaration of the fundamental willingness of a person to donate his organs after his death, for transplantation into other humans. By law, the family of the deceased can refuse to donate the organs even though the deceased had signed such a card. The converse is also true: Even if a person had not signed a donor card, his family has the right to decide to donate his organs, unless the deceased announced in advance his objection to this.

At the time of the signing of the Adi card in Israel, there is the option of adding the clause: “Provided that a religious authority of the family’s choosing will approve the donation after my death.” Signing such a card with the above addition should ensure that the procedure, if technically and medically possible, will be performed according to halakha, as well as secular law and medical ethics.