Jewish Law Regarding the Treatment of Terminally Ill Patients

The issue of death is a very sensitive subject under Jewish law. In my previous discussion on Jewish law regarding euthanasia, I commented that euthanasia is prohibited and regarded as a sin under Jewish law. However, there are a very few instances where the taking of one's own life is permissible.

If a patient is terminally ill, there is a very fine line in allowing a person to die. Under Jewish law, medicine, information or any kind of helpful treatment for a terminally ill patient cannot be with held from that person or it could be considered as murder under Jewish law. Any kind of device such as an artificial respirator cannot be removed if it is keeping that person alive. However, if there is something impeding a person's death, then it can be removed to allow that person to pass on to the after life and allow that person's soul to move onto God and heaven. What exactly am I talking about? Let me give you an example. If a person is terminally ill and is about to die but cannot because of a disturbing noise, then that noise can be removed to allow that person to die. In one instance, if a person is about to die and a person is mowing their lawn outside and that sound from the lawn mower is keeping that person awake and preventing them from dying, that law mower can be removed to ease the passing of the person.

However, as I have stated this is a very fine line that cannot be crossed. Anything positive that can be done to help the person must be done and give to that person to keep them alive. Every second and moment of life for every person is precious and cannot be stripped away. Only God has the power to take and give life.

The concept of pikuach nefesh is that of the responsibility on a person to do anything in their power of strength or financial situation to save a person's life. Even the Sabbath, which is held as a holy commandment from the Torah can be violated to save a person's life. The quality of a person's life is irrelevant. If someone can save that person's life then they must do it.

There is also the value of each soul and the affect that each individual soul has on other people. If a person's life is extended instead of passing into heaven then it could give newfound strength and hope to other people. The idea of personal autonomy is rejected under Jewish law because there is the idea that God owns the human body. We only own and control our own souls. Our body is the property of God that is being used by us while we live on Earth.

Rabbi Moshe Feinstein has written many articles on the subject of death and Jewish law and his lists a certain criteria for a doctor to allow a patient to refuse medical treatment and not give a life saving surgery or operation. His first criterion is that the person must have a terminal illness and is expected to die within the year. The second criterion is that the patient must be suffering unbearable pain. The third standard is that the person declares that they do not have a desire to be treated nor do they have a desire to live any longer. The forth criteria is that assuming the first three standards are met, the patient can never deny water, food, antibiotics or any type of nutrition to starve themselves or make their condition worse. Using these criteria, the patient can refuse to have a surgery or procedure that will ease their pain.