1 year 12 studies of religion religious tradition depth study : judaism bioethics

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Year 12 Studies of Year 12 Studies of ReligionReligion

Religious Tradition Depth Religious Tradition Depth Study : JUDAISMStudy : JUDAISM

BIOETHICSBIOETHICS

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EthicsEthics

Students learn about: Students learn about: ONE of the following area of ONE of the following area of ethical teaching in Judaism:ethical teaching in Judaism:-BioethicsBioethics-Environmental ethicsEnvironmental ethics-Sexual ethicsSexual ethics

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EthicsEthics

Students learn to: Students learn to: Describe and explain Jewish Describe and explain Jewish ethical teachings on ethical teachings on bioethicsbioethics OR environmental ethics OR OR environmental ethics OR sexual ethicssexual ethics

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How do we define How do we define Bioethics?Bioethics?

Concerns itself with the ethical questions Concerns itself with the ethical questions that come about in the relationship that come about in the relationship between biology and medicine, the between biology and medicine, the research and practice in these areas and research and practice in these areas and the connections with politics and law.the connections with politics and law.

Anything which deals with biology or life.Anything which deals with biology or life.

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Topics in bioethics Topics in bioethics include:include:

Genetic engineeringGenetic engineering

CloningCloning

EuthanasiaEuthanasia

TransplantationsTransplantations

Organ donationsOrgan donations

Life SupportLife Support

Stem cell researchStem cell research

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Six commonly held Six commonly held principles of Jewish principles of Jewish Ethics… Ethics…

1.1. Human life has intrinsic value – it Human life has intrinsic value – it is importantis important

2.2. The preservation of life is most The preservation of life is most important – it has the highest important – it has the highest moral imperativemoral imperative

3.3. All human lives are equal – each All human lives are equal – each life has the same value.life has the same value.

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Six commonly held Six commonly held principles of Jewish principles of Jewish Ethics… Ethics…

4. Our lives are not ours – all life 4. Our lives are not ours – all life belongs to Godbelongs to God

5.5. The sacredness of human life – The sacredness of human life – God in usGod in us

6. My actions towards others are the 6. My actions towards others are the manifestation of my imitation of manifestation of my imitation of God.God.

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Jewish LawJewish Law

In Jewish Law the individual is of In Jewish Law the individual is of paramount importance.paramount importance.

Judaism was the first religion to insist Judaism was the first religion to insist upon upon dignity of the individualdignity of the individual and the and the sanctity of human life.sanctity of human life.

The individual cannot be sacrificed for The individual cannot be sacrificed for the group , otherwise this would be the group , otherwise this would be murder and not only a crime against murder and not only a crime against humans but against God.humans but against God.

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The Torah states that God created The Torah states that God created mankind in his own image so every mankind in his own image so every person is Godly – as the spark of God is person is Godly – as the spark of God is within all people – so we should treat all within all people – so we should treat all people with dignity and respect.people with dignity and respect.

From a traditional Jewish approach From a traditional Jewish approach Jewish law, Jewish law, HalachahHalachah, defines ethics. , defines ethics. Jewish medical ethics is merely the Jewish medical ethics is merely the application of Jewish law to medicine.application of Jewish law to medicine.

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Jewish Law insists that new technologies Jewish Law insists that new technologies especially new reproductive technologies especially new reproductive technologies are neither prohibited or permissible in are neither prohibited or permissible in the eyes of Jewish law, but rather subject the eyes of Jewish law, but rather subject to a case by case analysis.to a case by case analysis.

Every legal, religious or ethical system has Every legal, religious or ethical system has to insist that advances in technology be to insist that advances in technology be evaluated against the touchstones of its evaluated against the touchstones of its moral systems. That touchstone in the moral systems. That touchstone in the Jewish tradition is halachah: the body of Jewish tradition is halachah: the body of Jewish Law and ethics.Jewish Law and ethics.

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It is very difficult to assess the effect of It is very difficult to assess the effect of Jewish ethical teachings in an overall Jewish ethical teachings in an overall sense. Different groups in Judaism sense. Different groups in Judaism sometimes have significantly different sometimes have significantly different opinions on contemporary ethical issues.opinions on contemporary ethical issues.

Rabbis undertake great study in order to Rabbis undertake great study in order to consider how the requirements of the consider how the requirements of the Torah are to be applied. Torah are to be applied.

A POSEK or rabbi is extensively trained A POSEK or rabbi is extensively trained in Jewish law.in Jewish law.

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The Jewish Legal The Jewish Legal SystemSystem Relies heavily upon an evaluation of Relies heavily upon an evaluation of

pertinent information from a rich heritage pertinent information from a rich heritage of over 3000 years of Jewish existence.of over 3000 years of Jewish existence.

The posek or rabbi gathers technical and The posek or rabbi gathers technical and situational information about the case at situational information about the case at hand.hand.

He then surveys Jewish legal sources He then surveys Jewish legal sources from identifying precedents from from identifying precedents from previous cases that might be applicable previous cases that might be applicable to the current case.to the current case.

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The Jewish Legal The Jewish Legal SystemSystem The The posekposek then carefully traces the relevant then carefully traces the relevant

issues through the Torah, Mishnah, Talmud, issues through the Torah, Mishnah, Talmud, Rishonium (early Talmudic commentaries) Rishonium (early Talmudic commentaries) using prior halachic literature to guide the using prior halachic literature to guide the application of Jewish law to modern problems.application of Jewish law to modern problems.

He then renders an opinion.He then renders an opinion. The most useful halachic literature for The most useful halachic literature for

evaluating medical ethics issues from the evaluating medical ethics issues from the many thousands of many thousands of responsa responsa written over the written over the last thousand years that deal with every last thousand years that deal with every conceivable aspect of life.conceivable aspect of life.

Responsa = one of the rabbis answers to a Responsa = one of the rabbis answers to a query on Jewish law. They are meant to be query on Jewish law. They are meant to be studied, debated and perhaps refuted.studied, debated and perhaps refuted.

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The Jewishness of The Jewishness of Jewish ethicsJewish ethics

The Jewishness of Jewish ethics is The Jewishness of Jewish ethics is maintained by the fact that decisions maintained by the fact that decisions are made with high regard for the texts are made with high regard for the texts of the tradition.of the tradition.

Judaism encourages, through its Judaism encourages, through its rabbinical teachers, interpretations of rabbinical teachers, interpretations of new life situations in the light of the new life situations in the light of the halachahhalachah..

Jewish Law is a crucial factor in Jewish Law is a crucial factor in decision making.decision making.

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Mitzvah…Mitzvah…

The The mitzvahmitzvah to to procreateprocreate is strong in Judaism, and this is strong in Judaism, and this would encourage would encourage supportsupport for the new technologies that for the new technologies that allow married Jews who previously may not have been allow married Jews who previously may not have been able to conceive children to have them.able to conceive children to have them.

““Be fruitful and multiply, fill the earth and subdue it…Be fruitful and multiply, fill the earth and subdue it…”” Genesis 1:28Genesis 1:28

There is a biblical obligation to procreate – There is a biblical obligation to procreate – peru-u-revuperu-u-revu – it is a positive religious activity.– it is a positive religious activity.

““He did not create the world to be desolate, but rather He did not create the world to be desolate, but rather inhabited.inhabited.”” Isaiah 45:18 Isaiah 45:18

There is a rabbinical obligation to inhabit the earth – There is a rabbinical obligation to inhabit the earth – la-la-shevetshevet . .

Men are required to fulfill the commandment – to be Men are required to fulfill the commandment – to be fruitful and multiply – and are required to have one boy fruitful and multiply – and are required to have one boy and one girl. Procreation beyond this is commendable and one girl. Procreation beyond this is commendable but not obligatory.but not obligatory.

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Mitzvah…Mitzvah…

In the Hebrew scriptures, Rachael In the Hebrew scriptures, Rachael said to her husband Jacob, said to her husband Jacob, ““Give Give me children otherwise I am dead.me children otherwise I am dead.”” which has been explained by which has been explained by rabbis as signifying that a rabbis as signifying that a childless person is accounted as childless person is accounted as dead.dead.

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AbortionAbortion

Abortion is neither completely Abortion is neither completely banned nor is it allowed on demand.banned nor is it allowed on demand.

Halachah, governing the status of Halachah, governing the status of the feotus, gives understanding of the feotus, gives understanding of when abortion is sanctioned, when abortion is sanctioned, required or forbidden. required or forbidden.

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AbortionAbortion

The foetus is not to be deliberately The foetus is not to be deliberately harmed, however when its life harmed, however when its life comes into direct conflict with an comes into direct conflict with an already born person, the existing already born person, the existing life takes precedence. life takes precedence.

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Jewish law and AbortionJewish law and Abortion

Jewish law permits abortion when the Jewish law permits abortion when the life of the mother is at stake or if life of the mother is at stake or if continuing the pregnancy would cause continuing the pregnancy would cause great physical or psychological harm to great physical or psychological harm to the mother.the mother.

HOWEVER, Jewish law does not sanction HOWEVER, Jewish law does not sanction abortion for convenience, and does abortion for convenience, and does recognise the foetus as potential life, recognise the foetus as potential life, and while not independent, is worthy of and while not independent, is worthy of respect and procreation.respect and procreation.

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Jewish law and AbortionJewish law and Abortion

All major poskim forbid abortion All major poskim forbid abortion in cases of abnormalities or in cases of abnormalities or deformities found in a foetus.deformities found in a foetus.

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In Vitro FertilisationIn Vitro Fertilisation

The scriptures have directed Jews to The scriptures have directed Jews to procreate and this directive is so procreate and this directive is so critical that Torah scholars agree it critical that Torah scholars agree it can be accomplished by natural or can be accomplished by natural or artificial means. artificial means.

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It is generally agreed by rabbinic It is generally agreed by rabbinic authorities that IVF and related authorities that IVF and related techniques are acceptable for Jewish techniques are acceptable for Jewish couples when the wifecouples when the wife’’s egg and the s egg and the husbands sperm are used. However, husbands sperm are used. However, the idea of using donor sperm has not the idea of using donor sperm has not been accepted by many rabbis.been accepted by many rabbis.Most rabbis do not agree with the issue Most rabbis do not agree with the issue of egg donation and surrogacy, as it of egg donation and surrogacy, as it establishes 2 categories of motherhood establishes 2 categories of motherhood – the genetic and the birth mother. If – the genetic and the birth mother. If one is Jewish and the other is not, it one is Jewish and the other is not, it raises the question raises the question ‘‘Is the baby Jewish?Is the baby Jewish?””

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Jewish law does not object to the Jewish law does not object to the destruction of extra embryos left over destruction of extra embryos left over from the IVF process. If they are left from the IVF process. If they are left out of the womb they are incapable of out of the womb they are incapable of sustaining individual life and as such sustaining individual life and as such there is no problem.there is no problem.

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Stem Cell researchStem Cell research

Stem Cells do have the potential to be of Stem Cells do have the potential to be of great life-saving or life-enhancing benefit great life-saving or life-enhancing benefit to those with certain diseases eg. to those with certain diseases eg. Alzheimers, Parkinsons disease, diabetes Alzheimers, Parkinsons disease, diabetes

In Judaism there are 2 moral issues: 1. Is it In Judaism there are 2 moral issues: 1. Is it morally /ethically permissible to use the morally /ethically permissible to use the cells from human embryos for research cells from human embryos for research and eventually harvest such cells and and eventually harvest such cells and then 2. If it is permissible, are there then 2. If it is permissible, are there negative ramifications from such research negative ramifications from such research that would affect other bioethical issues.that would affect other bioethical issues.

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Ethics of Stem Cell Ethics of Stem Cell ResearchResearch

Rabbi J. David Bleich says vitro embryos Rabbi J. David Bleich says vitro embryos are viable and must not be destroyed.are viable and must not be destroyed.

BUT, the position of the conservative BUT, the position of the conservative movement is that embryos can be movement is that embryos can be disposed of if they are no longer needed. disposed of if they are no longer needed. Rabbis Dorff and Mackler state that you Rabbis Dorff and Mackler state that you can use embryos for research and can use embryos for research and healing.healing.

The Mishneh states that in the first 40 The Mishneh states that in the first 40 days of gestation the foetus is not fully days of gestation the foetus is not fully human, so stem cell research would human, so stem cell research would seem to be permissible.seem to be permissible.

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Embryo ResearchEmbryo Research

Rabbi Elliot N. DORFF suggests that Rabbi Elliot N. DORFF suggests that while the Jewish tradition accepts while the Jewish tradition accepts both natural and artificial means to both natural and artificial means to overcome illness, and physicians are overcome illness, and physicians are partners of God in the act of healing, partners of God in the act of healing, we have a duty to develop and use we have a duty to develop and use any therapies that can aid us in any therapies that can aid us in taking care of our bodies, which taking care of our bodies, which ultimately belong to God.ultimately belong to God.

Human embryos may be Human embryos may be an ideal sourcean ideal sourceof ‘stem cells’ which can of ‘stem cells’ which can be grown intobe grown intoreplacement tissues for replacement tissues for transplantationtransplantationinto people.into people.

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Human embryos …Human embryos …

As we are not God, we must take As we are not God, we must take whatever precautions we can to whatever precautions we can to ensure that our actions do not ensure that our actions do not harm ourselves or our world. We harm ourselves or our world. We are, as Genesis states, supposed are, as Genesis states, supposed to work the world and preserve it, to work the world and preserve it, it is that balance which is our it is that balance which is our duty.duty.

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Human embryos …Human embryos …

Rabbi Elliot N. Dorff also claims that Rabbi Elliot N. Dorff also claims that during the first 40 days of during the first 40 days of gestation, the status of the embryo gestation, the status of the embryo is is ““…as if they were simply …as if they were simply water…water…””. As a result, frozen . As a result, frozen embryos may be discarded or used embryos may be discarded or used for reasonable purposes, and so for reasonable purposes, and so stem cells procured from them.stem cells procured from them.

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CloningCloning

Cloning is a medical reality.Cloning is a medical reality. Some authorities state that cloning Some authorities state that cloning

involves no sexual relationship so it would involves no sexual relationship so it would not fulfill the mitzvah to procreate not fulfill the mitzvah to procreate according to Jewish Law.according to Jewish Law.

According to Jewish law there could be 2 According to Jewish law there could be 2 mothers – the donor + gestational mothermothers – the donor + gestational mother

Jewish law focuses on parturition (the act Jewish law focuses on parturition (the act of giving birth) and birth. So the birth of giving birth) and birth. So the birth mother would be seen as the mother would be seen as the ‘‘realreal’’ mothe motherr ’’..

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CloningCloning

There is no clear consensus yet in Jewish law There is no clear consensus yet in Jewish law regarding cloning.regarding cloning.

Two chief rabbis of Israel are reported to Two chief rabbis of Israel are reported to disagree.disagree.

At least one prominent American halachic At least one prominent American halachic authority has ruled that cloning is permitted authority has ruled that cloning is permitted in certain instances.in certain instances.

In traditional Judaism, religious status is In traditional Judaism, religious status is passed down through the mother and tribal passed down through the mother and tribal designation is passed down through the designation is passed down through the father. Therefore if the clone has no parents, father. Therefore if the clone has no parents, how would the religion be passed down?how would the religion be passed down?

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CloningCloning Who is the mother ? – Who is the mother ? –

the the geneticgenetic mother (egg donor) mother (egg donor) or the or the birthbirth mother (gestational mother) mother (gestational mother)

When the Torah commands : When the Torah commands : ““Honour your father and mother,Honour your father and mother,”” Who is the mother? Is there a father?Who is the mother? Is there a father?

The Torah tells us about the origins ofThe Torah tells us about the origins ofcreation when God created all things,creation when God created all things,including man and woman. including man and woman. Does coning interfere with the deeply held Does coning interfere with the deeply held

belief that God created the world?belief that God created the world?

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CloningCloning

Halachah views cloning as not being Halachah views cloning as not being the ideal way to reproduce.the ideal way to reproduce.

Clones however would be seen as Clones however would be seen as fully human and so would be treated fully human and so would be treated with respect and dignity.with respect and dignity.

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Analyse how the Analyse how the teachings of Judaism teachings of Judaism might determine a might determine a

response in the area response in the area of bioethicsof bioethics..

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Analyse how the teachings of Analyse how the teachings of Judaism might determine a Judaism might determine a response in the area of response in the area of bioethics.bioethics.

Define bioethics – relate Define bioethics – relate specifically to Judaism.specifically to Judaism.

Refer to Jewish law and Refer to Jewish law and procedures and the 6 commonly procedures and the 6 commonly held principles.held principles.

Provide some responses to some Provide some responses to some bioethical issues.bioethical issues.

1 year 12 studies of religion religious tradition depth study : judaism bioethics

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