Death Halachic Definition

Igros Moshe (YD III #132) The definition of when a person is dead is stated explicitly in the gemora (Yoma 85a) in the case where a person is buried under a pile of rubble. It says he can be dug out even on Shabbos and then his nostrils are examined to determine if he is still breathing. Rambam and Shulchan Aruch rule that  if breathing is not detected he is considered dead. Thus we determine death by the absence of breathing. Even if the breathing is very slight he is considered alive. This can readily be determined with the aid of a feather placed near the nostrils. If the feather or a small piece of paper doesn’t move at all, he is presumed dead. Nevertheless he should be examined a number of times as I have explained previously to ensure he hasn’t just fainted because it is impossible to live without breathing. This test is valid only if the person is under constant watching. However since this is not realistic and it is possible he regained his strength a bit and was able to briefly get a few weak breathes it is impossible to properly determine death except by repeated testing. If these tests reveal there is no breathing at all than that is a sign the person is dead. This is more fully discussed by the Chasam Sofer. This is also relevant with the typical sick person who is close to dying, but is not dependent on a respirator. However there are many sick people who can not breathe without a respirator. Thus it is possible with a respirator to continue breathing even after death and these people are not considered alive.  If it is not clear that he is alive from other indicators e.,g. he doesn’t respond even if stabbed with a needle such as being in a state known as a coma. Then as long as the respirator is working it is prohibited to remove it from his mouth because he might be alive and by the removal he is being killed. However when the respirator stops working for example when the oxygen tanks are depleted, it is not required to put him back on the respirator when it starts working for a period of 15 minutes. If he is no longer alive as seen by the absence of breathing then it means he has died. IKn contrast if he is living as can be seen from the fact that he is breathing even without the respirator even if it is with difficulty and interruptions then he should be returned to the respirator immediately. This should be done a number of times until his condition improves or it is apparent that he can’t breathe on his own  and is dead. 

You say that now there is a test that allows the great doctors to determine by the injection of a special fluid into the veins that can show whether the connection of the body to the brain has been stopped If this fluid does not go to the brain it is clear that the brain is no longer attached to the body and it also indicates the brain  is already completely rotted and the patient is considered functionally decapitated. If this is true then we should be strict with those, especially if they don’t feel anything anymore  and don’t respond if stuck with a needle  and they no longer can breathe independently .to not declare them dead without doing this test.  . That means if we see that the brain is still connected to the body even though they can’t  breathe without a respirator to keep them on the respirator even for a long time. Thus we should say that the test of independent breathing should be done in conjunction with this test to determine death. This might be relevant also for those who have taken an overdose of sleeping pills or other medication. Until all the medication gets out of the body they can not breathe. In such cases the respirator needs to be connected for longer periods in order to clarify if they are dead since death can not be determined readily as long as the drugs remain in the body. 

Igros Moshe (YD II #146) This that doctors say that the sign of of whether a person is alive or dead is in the brain In other words if according to their evaluation of a person if his brain is not working properly then he is considered that he is dead even though he is still breathing. You discuss this at length and try to refute this claim. You also say that the brain does not mean the brain stem at the top of the spine which you claim is irrelevant to this issue. I don’t understand your point. Since you are referring to the brain stem at the top of the spine in your discussion of the gemora in Chullin while the doctors are referring to the brain in the head. Furthermore the gemora is describing a case of where the brain stem is detached while the brain itself remains intact and healthy. If in fact the brain decomposes the animal is a treifa. Similarly if the brain dissolves and flows like water. Even though in general the status of treifa is because eventually the brain cover will be perforated, nevertheless the status of treifa occurs for other conditions both the actual brain and the brain stem. Thus it is possible to say like the doctors if the damage prevents the body from functioning properly it means death. Nevertheless it is certainly true that the brain stopping from  working is not what we define as death since as long as there is breathing he is considered alive. It just means that when the brain stops working it will lead to death which is defined as the cessation of breathing. It is possible that since such a person is still alive and that there are known or yet to be discovered medicines that will restore the function of the brain. It is also possible in this case to pray to G-d to cure him. Thus he has the status of a seriously ill person whose life is in danger but he is not considered dead. If he were dead it would be prohibited to pray for him since it is considered a meaningless and worthless prayer. It is also obvious that anyone who killed such a person is considered a murderer and is subject to the death penalty. All this is because there is no mention in the classic sources of the gemora and poskim that the brain status determines whether the person is considered alive. It is not relevant to claim that nature has changed in this issue because even in Talmudic times the brain functioned then as it does now and all of man’s functioning depended on it. Nevertheless it was not considered that the person was considered dead with the cessation of functioning of the brain and so today we don’t either. 

This that you say to be lenient if the doctors see the response of the heart in an electric radiogram and declare death.Death is determined solely by the stopping of breathing. You say this is like the situation that we don’t use a microscope to determin the existence of worms in food and we declare kosher food that has worms that are found with a microscope. To utilize the EKG to decide death is wrong. Even though the Chasam Sofer was concerned to observe the body for three days because there was a case of someone who was thought to have died but recovered and lived for 25 years. That is a very rare case. In fact a person can be buried immediately after death after he stops breathing and we don’t concrern ourselves with very rare cases. 

It is very clear and obvious that the nose is itself not the source of life and breathing doesn’t depend on the nose. In fact it is the brain and heart that are the source of life. The nose is simply where the breathing takes place and thus it is just a sign og life not the cause. Similarly the heartbeat is only a sign of life. Thus detecting heart activity is not proof of life against the absence of breathing.