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Re: Makos 007: Euthanasia

Irwin asked:
>>I just learnt that killing a tereifah person is not considered killing 
>>insofar as it is not punishable. Does that mean that eutheanasia, where the 
>>person  has a severeley defective organ that will result in his dying in a 
>>short time, is permissable according to Jewish law.

The Kollel replied:
>>An example of how one may not cease short-term life is found in Avodah Zarah 
>>18a which relates how Rebbi Chanina ben Tradyon was burnt at the stake by the 
>>Romans. His disciples urged him to open his mouth so that the flames would 
>>enter quicker and he would suffer a less painful death. Rebbi Chanina 
>>replied, "It is better that Hashem who gave me my soul should take it away 
>>from me, rather than I should hasten my death". One learns from this that 
>>hastening death is forbidden by the Torah.

-------------

Moshgiach commented:

If memory serves me, the meforshim  explain that his actions were lifnim  
meshores hadin or a matter of extreme piety. Ordinary people not of his caliber 
would not be required to prolong a painful death.

------------------------------
The Kollel replies:

(1) I think you may have in mind the commentary of the Iyun Yaakov on the Ein 
Yaakov on Avodah Zarah 18a. He asks from Tosfos Gitin 57b DH Koftzu why Rebbi 
Chanina ben Tradyon did not want to open his mouth to hasten his death. The 
Gemara Gitin 57b relates how 400 Jewish boys and girls were captured and were 
being transported by ship. They realized that the aim of their captors was to 
practice homosexuality on the boys and to sell the girls as concubines so they 
all decided to jump into the sea to prevent this, and one sees from the Gemara 
that they merited the World to Come for this self-sacrifice. Tosfos there asks 
from our Gemara that one sees from Rebbi Chanina that one is not allowed to 
commit suicide for such reasons, and Tosfos answers that the children were 
afraid they were going to be tortured. Tosfos cites Kesuvos 33b that if 
Chananya, Mishael and Azarya would have been tortured they would have bowed 
down to the image.

Iyun Yaakov therefore asks how does Rebbi Chanina's action concile with what 
Tosfos writes that "when one is afraid of suffering one may commit suicide"? 
The Iyun Yaakov answers that Rebbi Chanina's action was one of piety, even 
though he suffered great suffering from the prolonged death, but was not 
obligatory according to the Halachah. However the Iyun Yaakov concludes that 
from the words of Tosfos Avodah Zarah 18a DH v'Al it does not seem that Rebbi  
Chanina's action was merely piety, and the Iyun Yaakov concludes that this 
matter requires further research.

(2) However many commentaries disagree with the Iyun Yaakov's suggestion. See 
Teshuvas Chasam Sofer YD 326:3 DH Odos who discusses suicide in Halachah and 
writes that there is no doubt that suicide is a great crime and is included in 
the three cardinal sins of idol worship, immoral relations and murder. In fact 
the Chasam Sofer implies that it is worse than these because if someone did 
these he does at least receive atonement through the suffering of dying 
afterwards, while someone who murdered himself will not receive atonement 
through his own death since he caused it himself. The Chasam Sofer proves this 
from Rebbi  Chanina - even though he was suffering greatly and death would be 
better for him than living (these are the words of the prophet Yonah 4:3) - 
nevertheless he would not hasten his death. The Chasam Sofer writes that it is 
clear from this that even though someone is suffering very greatly, 
nevertheless if he takes his own life he is considered a murderer, and dies
  wick
ed. 

(The Chasam Sofer adds a cryptic comment that from this one can prove that the 
book "Besamim Rosh" is a forgery. There was a book published in the time of the 
the Chasam Sofer whose author claimed that it was a long-lost manuscript and 
was in fact the responsa of the Rosh. I believe that one of the things he wrote 
was that one may commit suicide to avoid great suffering. The Chasam Sofer 
comments that the fact that he wrote this, proves that the book is a forgery. 
Everyone now agrees that it was a hoax.)

(3) See Bava Kama 91b that derives from Bereishis 9:5 "Your blood for your 
souls I will demand" that one is forbidden to commit suicide. Tosfos DH Ella 
Hai writes that one is also not allowed to kill one's self out of fear. The 
Maharshal there in the Yam Shel Shlomo (Bava Kama 8:59) also writes that one 
sees from Rebbi Chanina that the Halachah forbids suicide in such a case (not 
merely an act of piety).

(4) See also the Sefer Chasidim #467 that people who kill patients before their 
time will be punished. He writes that this is similar to Rebbi Chanina who did 
not want to open his mouth in order not to hasten his death.

(5) It seems to me that one can refute the Iyun Yaakov's suggestion by 
asserting that there is a distinction between someone who commited suicide in 
order to prevent himself from suffering, and between a person who did so 
because he was afraid that as a result of torture, he was going to be forced to 
transgress the Torah. This is stated by Tosfos (Avodah Zarah 18a Dh v'Al) who 
writes in the name of Rabeinu Tam that if one is afraid that the heathens will 
force one, through insufferable torture, to do a transgression, it is a Mitzvah 
to kill one's self. This is why the children jumped into the sea. It seems that 
when the Tosfos in Gitin writes that "when one is afraid of suffering one may 
commit suicide" this also means that as a result of the suffering one might 
transgress a prohibition, but to prevent suffering alone, Tosfos does not 
permit suicide. In fact it seems to me that this must be the Pshat in Tosfos, 
because otherwise he never answered his question, since Rebbi  Ch
 anina
 was also suffering, and Tosfos did not answer that what Rebbi Chanina did was 
only Midas Chasidus as the Iyun Yaakov suggested.

(See also Sefer ha'Ikarim by R. Yosef Albo, Maamar 3, end of ch.29)

Chanukah Sameach
Dovid Bloom

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