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category:  Chassidut

I have a question. Is it halachically permissible to

The Rav Name: Rabbi Yitzchak Arad

I have a question. Is it halachically permissible to have a necessary dental procedure done that involves using a small amount of skin from a cadaver sewn into the gums to prevent a tooth from falling out? The alternative is to have two surgical procedures that involve taking skin form my palate and another surgical procedure to put it into my gum.

It is allowed if there is a true health concern, yet it is better if it comes from a gentile, however if using your own skin is a viable option it is defintly better to do so.

Explanation

There are three prohibitions regarding using part of a cadaver.

First of all one is not allowed to derive benefit from a corpse,[1] secondly there is a prohibition to shame or humiliate a corpse as one who does so is being disrespectful to the body and is being disrespectful to his family as well, a third prohibition is as result of the halachic obligation to bury a deceased  this mitzvah applies to every limb of one’s body and therefore if one uses a body part  for something else he is not fulfilling the mitzvah of burying the body.

Yet this halchic ruling is specifically in a ordinary situation, however when there is a question of pikuach nefesh at hand. the halacha is that pikuach nefesh pushes aside the whole torah including these mitzvois as well.  therefore, if there is a person who is ill and he  requires a limb from a dead person and thereby his life will be saved it is a mitzvah to donate it to him and thereby save a life

It is proper to get permission from the deceased family members as they are responsible of taking care of his body some poskim write that one is to encourage the family members to consent on donating from his body.[2] Yet some halachic authorities hold that one is not to donate and although saving a life is a mitzvah. yet ,one who is dead does not have a obligation to fulfil mitzvois therefore in practice the family should advise with a acting  rav.[3]In any case if the person said when he was alive that his body parts should be donated it is a mitzvah to fulfil his wish.

Skin

Regarding using skin to cover a burn poskim point out that the opinions who allow one to donate a organ or limb will surely allow one to donate skin to a person who is suffering from a burn as that is also very important to in order to prevent infection in the place of the burnt skin.

Yet it is interesting to note that even the opinions who forbid donating a organ according to some halachic authorities will permit in this case, and the reason is as some halachic authorities hold there is no prohibition to derive benefit from skin of 0f a dead person as the prohibition only begins with a body part which is over  the size of a olive czais  (27 gram) [4]

Additionally, some halachic authorities point out that being that the skin removed is a thin layer, therefore it doesn’t cause desecration of the body and therefore that prohibition does not exist here either. [5]

Regarding the body of a gentile many halachic authorities hold that these prohibitions do not exist, and one can use the body of a gentile Lchatchila for all these purposes. therefore, in practice if one is able to use skin of a gentile that is preferable, yet if that isn’t a option then one can also use skin which is from a Jew as well, as in halacha we find that teeth also fall into the category of safek pikuach nefesh and is therefore allowed here yet if the whole procedure is only cosmetic it cannot be allowed.[6]

 

[1] הושווה המת לעגלה ערופה, מה עגלה ערופה אסורה בהנאה אף גוף המת אסור בהנאה, ע”ז כט, ב

[2] הרב גורן, הרב סולובייצ’יק.

[3]  המתירים הם רבים מפוסקי דורנו, וביניהם הרב אויערבאך כמובא בנשמת אדם יו”ד שמט, ב, 2. האוסרים הם: שו”ת בנין ציון ח”א ק”ע קע”א; מנחת יצחק ה, .

[4] תוס’ נידה נה, א ד”ה ‘שמא’ תוס’ יו”ט שבת י, ה; שו”ת הר צבי יו”ד רע”ז

[5]

[6] ראה שו”ע הראו”ח סי’ שכ”ח ס”ג.

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