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The
past few weeks I have been filled with a variety
of emotions from disgust to outrage. A poor woman
lies in a bed totally unable to care for herself,
unresponsive in any cognitive way, and she is
being used as a pawn by different groups of people
to advocate their point of view and promote their
agenda. Extremists are preaching hellfire and
damnation, politicians are pandering for votes.
The only group that seems to have the right perspective
on this issue, if you watch the poles, is the
American people. The majority by overwhelming
margins believe that the issue of Terry Schiavo's
fate is a private matter and that Congress has
no business becoming involved. And a smaller but
still clear majority feel that it is her husband's
responsibility - not her parents and not the government
- to make the final decision.
And
yet, as headlines and features that pour out of
newspaper and radio and television writers reveal,
there is a minority making enough noise to cause
one to think they are the majority.
Now
I am not a lawyer and cannot speak to the legal
issue of how the parents' point of view has overruled
the husband's. And I certainly don't understand
the basis on which the President and the Congress
have gotten involved, especially when the Supreme
Court has stayed out of it all these years. That's
someone else's turf.
What
I can and would like to address tonight is the
moral and religious issue. Not just of Terry Schiavo,
since I'm not a doctor and can't judge in her
specific case the medical conditions that apply.
I would like to talk about the issue of removing
life support, under the care and supervision of
competent, caring medical professionals. That
is something I have experience with and knowledge
of.
The
first and most important thing I want to put forward
is that, despite false rhetoric to the contrary,
the religious principle that human life is sacred
doesn't differ between fundamentalists and non-fundamentalists.
What we disagree on is how to express our concern
for that ultimate value. Those who claim that
people like me, who believe that a Terry Schiavo
can be removed from artificial life support, do
not respect life as God's gift are misstating,
probably intentionally, that point of view.
I
referred in the beginning to a range of emotion
I've been through. One of my emotions is resentment.
Resentment that my position, which is based on
respect for human life because it is sacred, has
been demonized by others. Resentment that they
are attempting to deligitimize me by claiming
that if I think her husband should have the right
to terminate artificial life-support based precisely
on his love for her and his knowledge of what
he believes in his heart she would want, then
I am denying God's will.
Not
only I, but many in Jewish tradition would take
great exception to that statement. And it is this
I would like to spend a few minutes on with you.
Most of the people I know agree with my point
of view, but don't necessarily know how grounded
they are in Jewish tradition.
The
Talmud, which is the source of our legal tradition,
in discussing this issue, makes it clear from
the outset that whatever decision is made should
be made with the sanctity of human life in mind.
It is the very basis of all discussion on the
subject of medical treatment.
But
let me be clear about the fact that rabbis don't
always agree about how to apply the principle.
There are some who are more strict and some who
are more liberal. All, though, are aware that
it is a complicated issue and that there can be
differing medical opinions. Like most other issues
in the Talmud, there are differing points of view
among people of faith who agree totally on principles
but disagree on how to apply the principle to
real life.
The
basis of all discussion is the meaning of the
word life. Is a person lying in a hospital totally
unaware of his/her surroundings, unable to interact
with his/her environment with no hope of recovery
but whose heart is beating alive in a way that
should be supported? And if so, how much support?
Are blood-pressure-support medicine, a breathing
machine and a feeding tube all in the same category?
There
is no one Jewish point of view, other than that
life is sacred. How to interpret that in the reality
of a Terry Schiavo is open to discussion.
To
that end, let me share with you an Orthodox rabbi's
article recently published on this case. Rabbi
David Feldman is Dean of the Jewish Institute
of Bioethics. He writes that in Jewish law, life
doesn't belong to the patient or the family. And
in fact, in most instances, the family is the
last person to be consulted. The decision belongs
in the hands of the doctors, the professionals
who can best determine whether to intervene or
allow nature to take its course, based on whether
intervention will do more harm than good. What
is clearly not allowed is to do anything active
which will cause death. Even the patient cannot
ordain that, since, except in 3 cases, it is forbidden
to take a life, whether someone else's or your
own.
Rabbi
Feldman's conclusion in this case is, "If
the continuation of feeding by tube, or if intubation
to begin with, could be seen to be causing infection
or other untoward effects, the tube could be removed.
But it cannot be removed because we want her to
die." He concludes that since she is not
brain dead or being kept alive by artificial or
mechanical means, removing the tube would "actively
and prematurely end her life."
Now
I personally don't come down where Rabbi Feldman
does. But he certainly presents his point clearly
and logically, and in some ways even convincingly.
What
it clearly limits, though, if not avoids, is the
issue of quality of life. His is the point of
view that a living person is a life. End of statement.
I
take the point of view that if you really respect
life as sacred, then the quality of that life
is an issue to be taken into account. I agree
with him wholeheartedly that one shouldn't take
life. To use an image from the Talmud, one should
not be allowed to blow out the candle, but one
may allow it to go out on its own. I believe a
feeding tube is an artificial means no less than
other steps taken to keep someone alive. The thought
of allowing me to remain alive in the condition
I understand Terry Schiavo to be in is repulsive
to me. While I don't believe in suicide or euthanasia,
unlike Rabbi Feldman I do believe that a person's
wishes should be taken into account when extreme
medical measures are involved and quality of life
is on the table. Clearly the doctors, who are
sworn to preserve life, would have to be the ones
to determine that there is no hope for improvement
before a decision can be made. But once that determination
has been made, it is not disrespectful of the
sanctity of life to allow the flame to go out
by removing life support.
No
doubt this points up one of the defining differences
between being Orthodox and being Reform. We turn
to the Talmud for advice, not for authority. our
interpretation is likely to be more liberal.
Whatever
the conclusion in Shiavo's case, there is one
thing I do pray for earnestly: that this entire
incident be brought to a conclusion, so that whatever
is decided a family that has been torn apart can
get on with life. Whether the tube is in or the
tube is out, it is time to cease making this poor
woman a cause celebre for factions whose fate
is not tied up with her life or death, but whose
family is.
Ken y'hi ratson.
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