Wednesday, January 8, 2025

Autopsies

 https://etzion.org.il/en/halakha/yoreh-deah/mourning/autopsies

            The Noda Biyehuda argues that one may not violate a prohibition because of the possibility that this will save a life in the future, that is to say, one may not violate a prohibition when there is no one presently before us whose life will be saved through the commission of the transgression.[3] It should be mentioned that there is room to disagree with the Noda Biyehuda's comparison. He argues that if we allow uncertain piku'ach nefesh of this sort, we should always desecrate Shabbat, "for perhaps a sick person will arrive." But there is no similarity between the cases. Preparing medical instruments on Shabbat because of the possibility that a sick person will arrive would indeed be foolish. Regarding medical training, however, there is no uncertainty. There is no question that at some point in the future one of the current medical students will find himself treating a patient with the same illness. Indeed, uncertainty exists as to the degree that the autopsy performed now will enhance his medical skills, but that is a doubt of an entirely different sort. R. Moshe Sofer, the Chatam Sofer, writes in one of his responsa (Yore De'a, no. 336): "According to this, if there were before us a patient with a similar disease, and we would wish to perform an autopsy on the corpse in order to cure the patient, it would almost certainly be permissible."[4] This implies that we assume that performing the autopsy will indeed enhance the doctor's skills and contribute to the saving of life. The only problem is that there is no patient before us. Regarding the professional training of doctors, however, is it really "an unlikely concern," as argued by the Noda Biyehuda? Indeed, the author of Responsa Machane Chayyim, R. Chayyim Sofer (a descendant of the Chatam Sofer), writes that if it were impossible to prepare medications on a weekday, but only on Shabbat, it would perhaps be permissible to prepare them on Shabbat, because of the sick people who may arrive. The same should apply in our case where the only way to learn about the disease is by way of an autopsy.[5]

1 comment :

  1. Interesting discussion.
    There is testing on animals of new drugs or methods, before humans. It tests safety and efficacy. But it causes the baal hayyim a lot of pain and anguish. Is that allowed? Also most of these animals eg rats will be killed after the experiment. It may help us but not for certain.

    ReplyDelete

ANONYMOUS COMMENTS WILL NOT BE POSTED!
please use either your real name or a pseudonym.