Cerebro-Respiratory Death and Organ Donation for Transplantation:

Halachic Concurrence with the Legislation

Translated by David Fink, Ph.D.

The Decision of the Israeli Chief Rabbinate Council

In the presence of:

Chief Rabbi Yona Metzger, Chairman of the Council

Chief Sefardic Rabbi Shlomo Moshe Amar

Rabbi Shear Yashuv Cohen

Rabbi Shmuel Eliyahu

Rabbi Yosef Glicksberg

Rabbi Yitzchak Ralbag

Rabbi Yehuda Deri

Rabbi Avraham Yosef

Rabbi Yaakov Shapiro

Rabbi Yaakov Roger

Mr. Oded Wiener, Director of the Israeli Chief Rabbinate

Mr. Ulman, Esq., Legal Counsel to the Chief Rabbinate

Invited Participants:

Rabbi Prof. Avraham Steinberg

Rabbi Prof. Yigal Shafran

Rabbi Dr. Mordechai Halperin

On Wednesday, Tishrei 4^th 5770, (September 22^nd 2009)

Decision:

1. The Chief Rabbinate Council acknowledges the survey of developments in establishing


human death since the Chief Rabbinate decision of Sunday, the 1^st of Heshvan 5747.

2. The Chief Rabbinate Council certifies that the Brain and Respiratory Death Law of 5768 (2008), passed by the Knesset on the 17^th of Adar II 5768 (March 24^th 2008) and in force since 9^th of Sivan 5769 (June 1^st 2009), fulfills the requirements of the Chief Rabbinate as of the 1^st of Heshvan 5747.

3. The Chief Rabbinate Council calls upon physicians to honor – in accord with the law – the position of the families who do not accept the criteria of brain and respiratory death in establishing the moment of death in accord with the opinions of their rabbis and to continue ventilating such patients until cardiac function ceases.