Published February 11, 2010
Last issue, we introduced the concept of using Pre-implantation Genetic Diagnosis (PGD) to create a baby who would be a genetic match to serve as a donor for an ill sibling. In last month’s 10th annual PUAH conference on Medicine in Halacha in Jerusalem, Rav Yaakov Ariel, Chief Rabbi of Ramat Gan, spoke about the halachic ramifications of such a case.
As we reviewed last week, Rav Ariel ruled that regardless of the motivations the parents may have, such a pregnancy is a fulfillment of the mitzva of procreation. Therefore, the “dangers” of pregnancy and delivery are permitted. However, he raised concerns about our obligations to the unborn child.
This child or any other minor child (under the age of bar/bat mitzva) is not considered halachically competent to consent to the performance of the necessary medical procedures being performed. Instead, it is his parents who are giving consent on his behalf. While this is acceptable for the removal of umbilical cord blood, what if the proposed procedure is not effective? What if a different, more dangerous procedure were to be contemplated - one that could endanger the life or well being of this child?
Halachically, a person is obligated to take action in order to save someone else’s life. However, although it is certainly not forbidden, he is not required to take action to save the other person if by that action he himself will be put in danger. Endangering one’s life or body in order to save someone else’s life is called an act of “kindness” by the Rabbis. Such a person could even be called meritorious.
Another halachic principal allows us to assume that any person would want us to act on his behalf if, by that action, he would stand to gain something. [ZAKIN L’ADAM SHELO B’FA- NAV.] Indeed, this is the reasoning by which we are able to convert a minor child. Even though he is not considered halachically competent to consent to conversion on his own, we assume that he would want us to give consent on his behalf, since it is meritorious to be a Jew.
Rav Ariel combined these two principles to justify our allowing the new child to undergo dangerous procedures in order to save the life of his sick older sibling. It is meritorious to save someone else’s life even when yours might be in danger. Since we are allowed to assume that a person would consent to something that would bring him merit, we are allowed to assume that the baby would, if he could, consent to gaining the mitzva of undergoing the procedure to save his sibling’s life.
Next week we will discuss the philosophical and moral issues involved with case.
The Puah Institute is based in Jerusalem and helps couples from all over the world who are experiencing fertility problems. Puah offers free counseling in five languages, halachic supervision, and educational programs. Offices in Jerusalem, New York, Los Angeles and Paris. Contact: (02) 6515050, (Isr) - 718-336-0603 (US) puahonline.org
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