HALACHIC LIVING WILL

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From birth to death, every aspect of a Jew's life is governed by Halacha. In America, we are grateful to be able to live within the framework of Torah and Avodah. However even with the freedom we are granted, we still find ourselves challenged by society's ethics and morals. This is only exacerbated by the advances in medicine and rising health care costs especially when facing "preservation" and "end of life" decisions for our loved ones.

U.S. Supreme Court - "Equal Justice Under Law"

Rabbi J. David Bleich writes "Judaism teaches that the value of human life is supreme and takes precedence over virtually all other considerations. This attitude is most eloquently summed up in a Talmudic passage regarding the creation of Adam: "Therefore only a single human being was created in the world, to teach that if any person has caused a single soul of Israel to perish, Scripture regards him as if he had caused an entire world to perish; and if any human being saves a single soul of Israel, Scripture regards him as if he had saved an entire world" (Sanhedrin 37a). Human life is not a good to be preserved as a condition of other values but an absolute, basis, and precious good in its own right. The obligation to preserve life is commensurately all-encompassing. The obligation to save the life of an endangered person is derived by the Talmud, Sanhedrin 73a, from the verse "Nor shall you stand idly by the blood of your fellow" (Leviticus 19:16)."

The Talmud and the various codes of Jewish law offer specific examples of situations in which a moral obligation exists with regard to rendering aid and health care. The application of this principle to medical intervention for the purposes of preserving life is not without theological and philosophical difficulties.

When engaging the services of a physician, hospital, or health care professional, we do so with the assumption that they are providing the best care possible based on the information available.

However, one should not assume that the physician and hospital, or for that matter the Government share the same moral and ethical compass as defined in Judaism. Furthermore, we find from time-to-time, that the Judaic laws and beliefs we hold so dearly are in conflict with those shared by society and ultimately by judicial review.

The extraordinary complexity surrounding the "preservation" and "end of life" decisions demand the attention of an experienced and qualified Posek. Today it is incumbent upon every adult to designate a family member and a Posek to provide guidance and direction if G-d forbid they are ever unable to make health care decisions for themselves.

In most States, statutes give priority to the spouse to make said decisions, assuming there is no advance directive and/or previously designated agents in place. However in the State of California, no priority is specified.

There are various issues which may be raised when dealing with an individual whom is incapacitated rendering them unable to make their own health care decisions. The intention of this article is not to provide any legal advice; however is only to underscore the importance of ensuring a "Halachic Living Will" is in place.

The Halachic Living Will is designed to help ensure that all medical and post-death decisions made by others on one's behalf will be made in accordance with Jewish law and customs.

Too often at Bikur Cholim, we have seen families arguing over what the wishes of their mother, father, husband, or wife may be and which Posek they should consult regarding preservation and end of life decisions. Sadly, this can result in a deep rift within a family leaving a bitter memory permanently etched in their minds which may never fade. Additionally, they may find themselves embroiled in a battle where they are challenging the hospital and/or courts.

A Halachic Living Will which is applicable to the State of California can be downloaded from our website at www.bikurcholim.net.

The above is solely for information purpose and not intended as legal advice.