Q&A: Legalization of Organ Trade
Legalization of Organ Trade
Question
Hello Rabbi,
Recently I was again thinking about the issue of kidney donation, and I came up with an idea that might perhaps address the broader problem of people waiting for transplants through legalizing organ trade in Israel. What do you think about that? (There is a Wikipedia article in English that expands a bit on the issue.)
At first glance, it seems to me that the main reason for rejecting the legalization of organ trade is to prevent the exploitation of people in financial distress who might be tempted to sell their organs. But what lies behind that argument is the assumption that kidney donation is an act that involves significant risk, and people in financial distress might be tempted without exercising judgment appropriate to the degree of risk. But nowadays the assumption of high risk is already less correct, in light of the development of modern medicine, which has made the process relatively quite safe.
Answer
Hello Oren.
I have not thought about this issue properly and in depth, but at first glance I do not see a problem even with selling organs because of financial distress. This is a democratic state, and a person is supposed to make decisions for himself. Perhaps there is room to establish a committee that would examine whether that person is not doing something foolish (that is, whether he is in a situation where this is dangerous for him and yet he is taking the risk because of the distress). In any other case, I do not see any obstacle to selling organs.