Halachic Aspects of Vaccination
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The Mcanulty College and Graduate School of Liberal Arts of Duquesne University
The McAnulty College and Graduate School of Liberal Arts of Duquesne University Health Care Ethics Syllabus for: 651-61, Jewish Health Care Ethics Instructor: Aaron L. Mackler, Ph.D. Office: Fisher Hall 606 Ext: 5985 Fall, 2011 e-mail: [email protected] Fisher Hall 704 6:00-8:40 on Tuesday, Aug 23, Sep 13, Oct 11, Nov 8, and Dec 6 Office Hours: TTh 1:30-2:45; 5:00-5:45 before class meetings; and by appointment 1. Objectives of the Course: A. Catalogue Description: An exploration of methodological and substantive issues in Jewish health care ethics, including decisions about life-sustaining treatment, abortion, reproductive technologies, and allocation of health care resources. Attention will be given to differing Jewish approaches and to comparisons with other perspectives, including philosophical and Roman Catholic views. B. Type of Mastery to be Expected: Upon completion of the course, students may expect to: 1) understand general Jewish approaches to health care ethics; 2) be familiar with Jewish positions on such topics as abortion, medical decisions at the end of life, advance directives, reproductive technologies, and allocation of health care resources; 3) develop the ability to interpret relevant primary sources and evaluate competing readings of these sources; 4) be familiar with different approaches in interpreting and applying Jewish texts and values in addressing contemporary issues such as health care ethics; 5) achieve a developing sense of the comparison of Jewish and other approaches to ethics, as well as the relevance for their own critical analysis of these perspectives. This course should contribute to students meeting general HCE program learning outcomes: a. -
Jewish Perspectives on Reproductive Realities by Rabbi Lori Koffman, NCJW Board Director and Chair of NCJW’S Reproductive Health, Rights and Justice Initiative
Jewish Perspectives on Reproductive Realities By Rabbi Lori Koffman, NCJW Board Director and Chair of NCJW’s Reproductive Health, Rights and Justice Initiative A note on the content below: We acknowledge that this document invokes heavily gendered language due to the prevailing historic male voices in Jewish rabbinic and biblical perspectives, and the fact that Hebrew (the language in which these laws originated) is a gendered language. We also recognize some of these perspectives might be in contradiction with one another and with some of NCJW’s approaches to the issues of reproductive health, rights, and justice. Background Family planning has been discussed in Judaism for several thousand years. From the earliest of the ‘sages’ until today, a range of opinions has existed — opinions which can be in tension with one another and are constantly evolving. Historically these discussions have assumed that sexual intimacy happens within the framework of heterosexual marriage. A few fundamental Jewish tenets underlie any discussion of Jewish views on reproductive realities. • Protecting an existing life is paramount, even when it means a Jew must violate the most sacred laws.1 • Judaism is decidedly ‘pro-natalist,’ and strongly encourages having children. The duty of procreation is based on one of the earliest and often repeated obligations of the Torah, ‘pru u’rvu’, 2 to be ‘fruitful and multiply.’ This fundamental obligation in the Jewish tradition is technically considered only to apply to males. Of course, Jewish attitudes toward procreation have not been shaped by Jewish law alone, but have been influenced by the historic communal trauma (such as the Holocaust) and the subsequent yearning of some Jews to rebuild community through Jewish population growth. -
The Lord Immanuel Jakobovits Center
THE LORD RABBI IMMANUEL JAKOBOVITS CENTER FOR JEWISH MEDICAL ETHICS BEN-GURION UNIVERSITY OF THE NEGEV BEER-SHEVA, ISRAEL REPORT 5774 2013-2014 P.O.B. 653 BEER-SHEVA 84105, ISRAEL TEL.972- 8-6477414-5 FAX.972-8-6477633 CENTER STAFF / ASSOCIATES . Alan B. Jotkowitz M.D. Senior Lecturer Director – The Lord Jakobovits Center . Carmi Z. Margolis M.D. Professor of Pediatric Medicine Director Emeritus, The Lord Jakobovits Center . Shimon M. Glick M.D. Professor Emeritus of Medicine Director Emeritus, The Lord Jakobovits Center . Frank (Yeruham) J. Leavitt Ph.D. Senior Lecturer ?? . Mark Clarfield M.D. Professor of Geriatrics . Ute Deichmann Ph.D. Lecturer ?? . Zeev Silverman Ph.D. Professor in the Department of Morphology . Frieda Simonstein Post Doctoral fellow – reproductive ethics . Rabbi Akivah Nachshon M.D. Surgical Resident . Gad Potashnik M.D. Professor of Obstetrics . Hannah Ziedenberg Nursing instructor . Asher Weller Medical student . Danielle Ophir Medical student . Adam Rosenbloom Medical student . Diana Marcus Executive Secretary 2 SUPPORTING FOUNDATIONS AND INDIVIDUALS . Kaplan-Kushlik Foundation . Mendel Kaplan . Jill Kaplan . S. Daniel Abraham . Michael Gross . Mrs. Els Bendheim . Mr. Solomon Freedman . Dr. Heinz-Horst Deichman . Elizabeth and Sidney Corob . Prof. Louis Waller . Dr. Ingrid Tauber . Dr. Fred Tauber . Dr. Bernard Kabakow . Mr. Haim Sheer - CG Foundation . Mr. Azriel Reichman We herewith acknowledge, with appreciation, the financial and moral support of the above named foundation and individuals. It is thanks to their help that the work of the Center is being promoted. Special Thanks goes to our Faculty Dean, Prof. Shaul Sofer and to Mr. Hertzl Jean, Head Faculty Administrator for their help and support and to Lady Jakobovits for her continued interest and devotion to the work of the Center. -
Milestones in Jewish Medical Ethics: Medical
Milestones in Jewish Medical Ethics Medical-Halachic Literature in Israel, 1948-1998 Mordechai Halperin, M.D. Main Chapters A. Definition of Concepts E. Third Decade 1. Introduction 1. The Dr. Falk Schlesinger Institute for 2. Medical Ethics Medical-Halachic Research 3. Jewish Medical Ethics 2. Assia 4. Medicine and Jewish Law 3. Moriah 5. Medicine and Halalcha 4. Mahanayim 6. Medicine & Judaism 5. Pathology and the Talmud 6. Lev Avraham B. Medical Halachic Literature: 7. Other Publications Ancient Times 1. From the Biblical Period through F. Fourth Decade the Eighteenth Century 1. Nishmat Avraham 2. From the Early Nineteenth Century 2. The Medical-Halachic Encyclopedia until the Establishment of the (Hebrew Edition) State of Israel 3. The Foundations of the Law Act - 3. Fifty Years of Statehood 1980 4. Judge Amnon Carmi and The Society C. First Decade for Medicine and Law in Israel 1. The Chief Rabbis: Rabbi Isaac 5. Technological Halachic Institutes Hertzog and Rabbi Ben-Tsiyyon 6. Additional Publications Meir Hai Uziel 7. The Jacobovits Center 2. Ha-Torah ve-Ha-Mdinah for Jewish Medical Ethics 3. Tsits Eli‘ezer 8. Special Lectures for Physicians 4. No‘am: Platform for Clarification of Halachic Problems G. Fifth Decade 5. Other Authorities 1. International Conferences in America and Israel D. Second Decade 2. Jewish Medical Ethics (JME) 1. First Bestseller: Shemirat Shabbat 3. Multimedia Halacha and Medicine ke-Hilchata 4. Precedents in Medicine and Law 2. Jewish Medical Ethics 5. Yael Shefer vs. The State of Israel 3. Tora She-be‘al Peh and Ha-Ma‘ayan 6. The Value of The State of Israel and The Patient Rights Act 7. -
The Two Objectives of the Institution of Marriage
Rabbi Dr. Binyamin Lau is the Rosh Beit Midrash of Beit Morasha in Jerusalem and is the author of numerous articles and books. THE TWO OBJECTIVES OF THE INSTITUTION OF MAR R IAGE1 “For She is Your Companion, and the Wife of Your Covenant.” (Malakhi 2:14) Rabbi Dr. Binyamin Lau Introduction: Marriage According to Rabbi Joseph B. Soloveitchik In the beginning of his article on marriage,2 Rabbi Joseph B. Soloveitchik notes that there are two basic theories about the institution of marriage. The first expresses commitment to the welfare of the group outside the matrimonial union, the partners to the marriage placing themselves at the service of society. The second expresses commitment within the matrimonial union, a commit- ment rooted in the experience of the joining of two individuals thirsting for love and fellowship. One practical difference between the two theories relates to the place assigned to procreation. According to the first theory, having children is the central element upon which the entire structure of marriage rests. Remove that obligation from marriage, and the institution loses all its meaning. According to the second theory, the significance of marriage is not diminished by the absence of offspring. The very union of the wedded partners is itself the desired creation. In his typical manner,3 here too Rabbi Soloveitchik tries to uncover both of these motifs in Scripture. The command to “be fruitful and multiply” (Gen.1:28) expresses the essence and goal of the man created in the first chapter of the book of Genesis. Man’s obligation to procreate, which appears in chapter 1, is presented as part of man being God’s partner in the continuous process of creation. -
The Contemporary Jewish Legal Treatment of Depressive Disorders in Conflict with Halakha
t HaRofei LeShvurei Leiv: The Contemporary Jewish Legal Treatment of Depressive Disorders in Conflict with Halakha Senior Honors Thesis Presented to The Faculty of the School of Arts and Sciences Brandeis University Undergraduate Program in Near Eastern and Judaic Studies Prof. Reuven Kimelman, Advisor Prof. Zvi Zohar, Advisor In partial fulfillment of the requirements for the degree of Bachelor of Arts by Ezra Cohen December 2018 Accepted with Highest Honors Copyright by Ezra Cohen Committee Members Name: Prof. Reuven Kimelman Signature: ______________________ Name: Prof. Lynn Kaye Signature: ______________________ Name: Prof. Zvi Zohar Signature: ______________________ Table of Contents A Brief Word & Acknowledgments……………………………………………………………... iii Chapter I: Setting the Stage………………………………………………………………………. 1 a. Why This Thesis is Important Right Now………………………………………... 1 b. Defining Key Terms……………………………………………………………… 4 i. Defining Depression……………………………………………………… 5 ii. Defining Halakha…………………………………………………………. 9 c. A Short History of Depression in Halakhic Literature …………………………. 12 Chapter II: The Contemporary Legal Treatment of Depressive Disorders in Conflict with Halakha…………………………………………………………………………………………. 19 d. Depression & Music Therapy…………………………………………………… 19 e. Depression & Shabbat/Holidays………………………………………………… 28 f. Depression & Abortion…………………………………………………………. 38 g. Depression & Contraception……………………………………………………. 47 h. Depression & Romantic Relationships…………………………………………. 56 i. Depression & Prayer……………………………………………………………. 70 j. Depression & -
Abortion / Cosmetic Surgery Abortion, Continued 1. Rabbi
Introduction to Jewish Bioethics #2: Abortion / Cosmetic Surgery R’ Mordechai Torczyner – [email protected] Abortion, continued 1. Rabbi Eliezer Waldenberg (20th century Israel), Tzitz Eliezer 9:51:3 Or, perhaps when Tosafot says one may kill [the fetus], he means one is not liable at all under the law of murder, but Tosafot agrees that it is prohibited as wounding, and therefore one may not kill it without another human need. 2. Rabbi Moshe Feinstein (20th century USA), Igrot Moshe Choshen Mishpat 2:69:2 Killing a fetus is prohibited until the doctors have great reason, close to certainty, that the mother will die. Since the permission is due to the fetus’s status as a pursuer, it must be near-certain that he is a pursuer. 3. Rabbi Eliezer Waldenberg (20th century Israel), Tzitz Eliezer 13:102 It is clear and obvious as law that a Jew is not killed for [aborting] a fetus. Aside from one view, the authorities rule that there is a prohibition, but many authorities believe that this prohibition is rabbinic, or it is under “building the world.” But there is no concern for destroying a life, and therefore Maharit 1:97-99 permits arrangement for a Jewish woman to abort a fetus where it is needed for the mother’s health, even without it being a matter of saving the mother’s life… And in such a case, and beyond this, Rabbi Yaakov Emden permitted, writing, “And even with a legitimate fetus, there is room to be lenient for great need, so long as it has not been uprooted [for birth], even without a need to save the mother’s life, but only to save her from her evil, which causes her great pain.” We see clearly that this permission of Rabbi Yaakov Emden is even when it is not a matter of saving the mother’s life, and it is only to save her from great pain from the child, and that in general there is room to be lenient for great need. -
Newsletter Aw[ Yl [Wrp Vol
Ohr Yisrael of Marine Park Newsletter aw[ yL [wrp Vol. 1 Issue 17 Cong. Ohr Yisrael, 2899 Nostrand Ave, Brooklyn, NY 11229 718-382-8702 www.ohryisroel.org I NSIDE T HIS I SSUE ... war Mymwb Kl xq h{av 1 evbwh [wrp The Pasuk says wdq [xwm Nmw v[a [ywev…war Mymwb Kl xq h{av” 2 KId’s Korner ”Mky[rdl yl hz hyhy “Now you, take for yourself choice spices...of it 3 hklh yrbd you shall make sacred oil of anointment...this shall remain for Me for your generations.” 4 Adult Challenge Question 5 Community News & Events Many commentators ask why the Pasuk states Kl xq h{av, “Now you, take for yourself”, rather than simply , as it says in the following 6 Answers to Challenge Q.’s Kl xq Parsha regarding the Ketores, or [ywev, “and you shall make”, as it states in the previous Parsha of the Kiyor and all the other utensils of the Mishkan. Zmaanim In his first interpretation, The Ohr HaChaim suggests that this mitzvah [vrn [qldh 5:20pm was given specifically to Moshe, and that he alone had to provide the q“we hxnm 5:28pm ingredients needed and then produce the anointing oil. heyqw 5:38pm In his second answer, he brings the Gemarah that states that the twelve Lugin of prepared by were the only anointing oil ever rveyw aybn 8:30am hxwmh Nmw hwm made or used. Although it was used to anoint the Mishkan and its [yrxw 9:00am utensils, Aharon and his children, and all the subsequent Kohanim Gedolim, as well as kings, it miraculously remained undiminished, and w”q Nmz Fvs 8:48 / 9:24a always measured a full twelve Lugin. -
What Jewish Law Really Says About Abortion - Jewish Telegraphic Agency Ephraim Sherman
What Jewish law really says about abortion - Jewish Telegraphic Agency Ephraim Sherman (JTA) – Alabama and Georgia have passed laws recently that limit or forbid abortions in unprecedented ways, joining a growing number of states that are attempting to dramatically restrict abortion access. During these charged times, it is appropriate for the Jewish community to remind ourselves that halacha (Jewish law) has a nuanced view of abortion. It seems that many in the Orthodox Jewish community have not been overly worried by these and other efforts to curtail legal abortion. Ben Shapiro, a conservative commentator who identifies as an Orthodox Jew, has long been a loud voice in favor of government-imposed restrictions on abortion. He has cheered the recent state level bans in print, on social media and in his podcasts. He argues that Judaism is in the “pro-life” political camp, as opposed to “pro- choice.” But in America, the pro-life narrative is largely articulated by the Christian right, and there are important differences between how Judaism and Christianity view the span of time between conception and birth. Earlier this year, New York state significantly eased its restrictions on abortions after 24 weeks (often called “late term abortion,” which carries ideological baggage and is preferred on the right). This makes it far more feasible for a woman to have a life-saving abortion, or an abortion of a genetically anomalous fetus, later in pregnancy. Importantly, the law does not allow for abortions after 24 weeks without a medical justification. Many of these abortions are fully in line with Jewish law but previously had been more legally questionable. -
Laws of Medical Treatment on Shabbat
Laws of Medical Treatment on Shabbat Dov Karoll The permissibility of treatment of the ill on Shabbat varies from mandated and required even when numerous melachot would need to be violated, to permitted, provided it does not violate any melachot, to prohibited for the simple fact that it is medical treatment. What factors lead to such a great disparity? The primary, crucial distinction at work here is between medi- cal treatment that involves saving a life (piku’ach nefesh), which is permitted and even required, even if it means violating the normal rules of Shabbat, and providing medical treatment in other cases, regarding which the rules are more complex. When is medical treatment required even if it involves violating melachot? The Rambam is very clear on this issue:1 It is forbidden to delay in violating Shabbat for a person who is dangerously ill (choleh she-yesh bo sakkana), as it says [in the Gemara, based on a verse]: “[Regarding the laws of the Torah] ‘man shall fulfill them and live,’2 rather than fulfill them to die.”3 We learn from here that the laws of the Torah are not to 1 Hilchot Shabbat 2:3. This passage is also cited in Shemirat Shabbat Ke-Hilchatah at the beginning of his discussion of the laws of piku’ach nefesh on Shabbat (32:1). Translation mine. 2 Vayikra 18:5. 3 The verse is cited, and the law is derived, in the Gemara Yoma 85b, where this explanation of Rav Yehuda in the name of Shmuel is one of many sources provid- ed for the notion of saving lives overriding Shabbat observance (starting on 85a). -
Parshas Matos Masei the Rest of the Story
CANDLELIGHTING: 8:44 VOLUME 1 ISSUE 14 כ"ח תמוז תשע"ג SHABBOS ENDS: AFTER 9:47 72 MIN 10:14 JULY 6, 2013 PARSHAS MATOS MASEI THE REST OF THE STORY: By R‟ Aaron Kutnowski Yehuda son of Tema said: Be bold like a leopard … to do the will of What’s behind the passuk? our Father in Heaven. (Pirkei Avos, 5: 23) By R‟ Yosef Dovid Rothbart After their great victory over Midian, the Bnei Yisroel brought back The Torah relates how Moshe assembled 1,000 men from each of the many spoils of war. Instructed by Hashem, Moshe allotted the spoils Shevatim and sent them out into battle against Midian. The Torah to the Bnei Yisroel including Elazar HaKohen and Shevet Levi. repeats this three times (Possukim 4-5) to teach us that although only Usually Kohanim and Leviim do not receive a portion from the 1,000 warriors fought the battle, 3,000 men from every Shevet were spoils of war. What, then, made the war against Midian different so selected to partake in this battle. Two thousand were needed to fight that Elazar HaKohen and Shevet Levi received portions? the war and guard the supplies, and 1,000 were to daven for the The Medrash Tanchuma states that after Pinchos zealously speared soldiers who were out in the battlefield. Zimri, the Bnei Yisroel were very upset. They protested, saying: Moshe chose so few soldiers to demonstrate to the Jewish people the “Have you seen the son of [Yisro] whose mother‟s father fattened terrible consequences of sin. -
Jewish Ethical Guidelines for Resuscitation and Artificial Nutrition and Hydration of the Dying Elderly
Journal ofmedical ethics 1994; 20: 93-100 J Med Ethics: first published as 10.1136/jme.20.2.93 on 1 June 1994. Downloaded from Jewish ethical guidelines for resuscitation and artificial nutrition and hydration of the dying elderly Rabbi Zev Schostak Gurwin Jewish Geriatric Center, New York, USA Author's abstract nasia for the elderly and a Michigan doctor to create The bioethical issues confronting the 7ewish chaplain in and use the so-called 'death machine' (1). Jewish law a long-term carefacility are critical, particularly as life- vigorously asserts that life, even that of a terminal, support systems become more sophisticated and advance demented, elderly patient is of infinite value; it must directives become more commonplace. May an elderly be preserved no less than the life of a young and alert competent patient refuse CPR in advance ifit is child with a hopeful long-term prognosis (2). perceived as a life-prolonging measure? May a This bold position is presented in a classic case physician withhold CPR or artificial nutrition and (Yoma 83a) where the Mishnah directs that one hydration (which some view as basic care and not as must immediately remove debris that has fallen therapeutic intervention) from terminal patients with upon someone on Shabbat, even though the victim irreversible illnesses? may only live for a short time. Jewish legal codes and In this study ofJewish ethics relating to these issues, responsa (3) elaborate that he or she must be saved copyright. the author carefully examines the moral implications even though his or her skull was crushed and he or and legalprecedents in the literature.