Halacha Date: 6 Tevet 5775 December 28 2014
Question: Recently, a patient who was terminally ill requested that his doctors stop the machines that were prolonging his life, essentially causing him to die. After receiving authorization from an Israeli court, one of the doctors carried out this request. Is this permissible according to Halacha?
Answer: The Mishnah (Shabbat 151b) states: “One who shuts the eyes of an individual as his soul departs is a murderer.” This means that if an individual is on the verge of death and one comes and shuts his eyes, since the individual has hastened the death of the deceased by one second, he is considered a murderer and shares the same law as one who murders a day-old baby. The reason for this is that there is no set amount regarding this matter and if one could have lived for even another split second and someone comes and hastens the individual’s death, this latter is considered a murderer.
The Talmud Yerushalmi (Shabbat, Chapter 23) states that one may not even touch an individual on the verge of death, for merely touching him hastens the individual’s death. All of the Poskim, including the Rif (Mo’ed Katan 16b) and Rosh (ibid. Chapter 3, Section 75), rule likewise.
Thus, if a doctor sees that a patient is truly in critical condition and is in immense pain and therefore injects him with a substance (or any other manner) that will hasten the patient’s death, halachically speaking, such a doctor is a murderer. Even if the patient asks the doctor or someone else to carry out an action in order to hasten his death, this is absolutely forbidden, for the patient does not have the authority to make such a request since one’s soul is in the possession of Hashem (see Radbaz’s commentary on Rambam, Chapter 18 of Hilchot Sanhedrin). It is for this that the Poskim write that even if one attempts to take his own life, we desecrate Shabbat in order to try to save him.
Nevertheless, there are instances where is it is not obligatory according to Halacha to continue administering life-prolonging treatments, however, in the situation described in our question, it seems that it was absolutely forbidden to halt life-prolonging treatments for this patient. Certainly, regarding these issues which border on the grave prohibition of murder, authority must not be given to non-religious judges, for they do not rule in accordance with the Torah and only as they deem fit. Only the leading halachic authorities of the generation have authority on such issues and only they should decide whether or not to discontinue life-saving and life-prolonging procedures for the patient.
Summary: Most decisions of the Israeli judicial system regarding matters of Halacha are in contrast with Halacha. Indeed, regarding whether or not to continue life-prolonging procedures for a patient, G-d-forbid should one halt such treatment without the definitive ruling of a competent halachic authority well-versed in these laws. One who acts leniently with regards to this issue could be transgressing the grave prohibition of murder. One should not rely on the opinion of judges or doctors regarding this matter. May Hashem hasten the Final Redemption and fulfill the words of the prophet, “And I shall return your judges like in the beginning and your advisors like they once were; afterwards shall you be called the just city, the faithful settlement.”
