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Jewish Law Would Prohibit Starving Terri
March 19 ,2005 | watchdog_writer

Posted on 03/19/2005 8:11:51 PM PST by watchdog_writer

           The Torah teaches that the life of Terri Schiavo is not futile. Rabbi Shlomo Zalman Auerbach, a leading halachic authority of the past generation, points out that we have no "yardstick" by which to measure value of life.[1] According to Jewish law,  life no matter the quality, is never futile. It is not within our moral jurisdiction to decide what quality of life is "not worth living" and therefore unworthy of treatment.[2]

          According to Jewish law, cognitive impairment is not sufficient to withhold sustenance. It is a denial of the Jewish ideal of the fundamental value of life that drives the forces that wish to remove Terri Schiavo's feeding tube.[3] The removal of Terri’s feeding tube is murder according to Jewish law.

          The decision of Judge Greer was based upon the testimony of Terri’s husband. Many people believe that his testimony is tainted because upon Terri’s death he will benefit financially. Although the law in Florida does give the husband priority over Terri’s parents to act as her surrogate,  the spirit of the law is frustrated by the fact that Michael who is married to Terri, is living with another woman, with whom he fathered a child, and can not marry this woman as long as Terri is alive.

          While Judaism may not have encouraged the proliferation of living wills and durable powers of attorney, it has come to terms with them and recognizes the opportunity that these documents offer to have Jewish law applied in end of life situations.[4] Terri never signed an advanced directive such as would be recognized under Jewish law. The reason for this law is that in the absence of a written directive by the patient, it cannot be known if the patient would accept the choices of the surrogate. Since under Jewish law, Terri could not starve herself to death, certainly her surrogate cannot. The general consensus in halachic literature has been that certain treatments, such as oxygen, nutrition, and hydration are obligatory for all patients, regardless of the severity of their medical condition.[5]

          Rabbi Shlomo Zalman Auerbach has stated that nutrition, hydration, and oxygen cannot be denied to a patient because they are absolutely required as are antibio9tics, insulin, and blood transfusions. They are not extraordinary life support issues.


[1] http://www.aish.com/societyWork/sciencenature/Should_Terri_Schiavo_Live_or_Die$.asp

[2] Id.

[3] Id.

[4] http://www.aish.com/societyWork/sciencenature/The_Terri_Schiavo_Case_Related_Ethical_Dilemmas.asp

[5] Id.



TOPICS:
KEYWORDS: jew; jewish; schiavo; terri; terrischiavo

1 posted on 03/19/2005 8:11:51 PM PST by watchdog_writer
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To: watchdog_writer

That's my position, but good luck trying to convince the Death to Terri crowd here.


2 posted on 03/19/2005 8:16:30 PM PST by thoughtomator (Sick already of premature speculation on the 2008 race)
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To: watchdog_writer

I'm sure the lawyer who's killing her is really faithful to that...

And if you ever question the fact, he'll cry anti-semitism.


3 posted on 03/19/2005 8:17:18 PM PST by SteveMcKing
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To: thoughtomator


Is Terri Jewish? Her maiden name sounds Jewish.


And is her husband Jewish?


4 posted on 03/19/2005 8:17:22 PM PST by LauraleeBraswell ( CONSERVATIVE FIRST-Republican second.)
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To: thoughtomator

I don't even have a position on Terri, specifically, as normally I wouldn't have known her. But since it's become a matter of law and social policy, that's why I say ALL crippled women need to be protected from lawyers, judges and horrible husbands.


5 posted on 03/19/2005 8:21:09 PM PST by SteveMcKing
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To: watchdog_writer

You don't have to be Jewish in this case to be human.

You don't starve people or IMO take their life unless they have been found guilty of murder and have been given a death sentence.

Even a murderer gets 20 years of appeals before the bad person dies. Here we have a good person that is guilty of nothing and they've tried to actively kill her what? 3 times in 6 years.
Terri would be safer for longer if she was found guilty of murder it seems in this country these days.


6 posted on 03/19/2005 8:21:23 PM PST by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: watchdog_writer

An excellent post.


7 posted on 03/19/2005 8:22:56 PM PST by FairOpinion (http://www.helpterri.com)
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To: LauraleeBraswell

Terri is Catholic, according to her parents.

It shouldn't matter if she's Catholic or Jewish or Christian. Or whatever religion!

I think we can all agree that her husband has a conflict of interest, based on his current familial status.

Plus, there is a court order to withhold hydration from Terri. The court order is wrong.

If Terri's parents want to support her, Terri's husband should back off.


8 posted on 03/19/2005 8:29:03 PM PST by sweetjane
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To: sweetjane


I just thought that maybe you could make a case that this is against her religion.


9 posted on 03/19/2005 8:30:47 PM PST by LauraleeBraswell ( CONSERVATIVE FIRST-Republican second.)
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To: LauraleeBraswell

Catholic, I believe.


10 posted on 03/19/2005 8:34:35 PM PST by thoughtomator (Sick already of premature speculation on the 2008 race)
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To: watchdog_writer

This information is excellent and helpful to me personally. Thank you.


11 posted on 03/19/2005 8:50:43 PM PST by unfortunately a bluestater
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To: LauraleeBraswell

Terri is Catholic, but the point is that a Jewish person should probably be supporting Terri's right to life.


12 posted on 03/20/2005 1:28:25 PM PST by watchdog_writer
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To: LauraleeBraswell
I just thought that maybe you could make a case that this is against her religion.

The pope does support keeping her alive, but I believe the Judge said the religious argument is not persuasive and turned down the argument.

13 posted on 03/20/2005 1:32:25 PM PST by watchdog_writer
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To: unfortunately a bluestater
I'm pleased I could be of some help. Being a conservative in a bluestate is like being a Jew in Damascus.
14 posted on 03/20/2005 1:34:34 PM PST by watchdog_writer
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To: watchdog_writer


We should have a group therapy session some time. I live on LI in NY. It's like KERRY 04 central here.


15 posted on 03/20/2005 4:10:58 PM PST by LauraleeBraswell ( CONSERVATIVE FIRST-Republican second.)
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To: LauraleeBraswell

Terri's situation has gone beyond religion, which I'm all for (believe me).

It's now in the legal and political realm. The strongest case that will keep her alive is that her "husband" has a conflict of interest. In fact, he has multiple conflicts of interest. There is no doubt in my mind about his conflict of interest.

And if the facts were accurately portrayed, I think most people would agree, regardless of political persuasion.

The Schindlers need better legal representation. And now they have it with the President and U.S. Congress on their side. Will it help that their plight - and thus her's - when the whole situation is being portrayed in the media as a "right-wing" or "conservative" or "right-to-life" ploy?

Somehow I doubt it.

Sorry for letting you down.


16 posted on 03/21/2005 10:34:46 PM PST by sweetjane
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