• In Judaism, there is a continual interaction between Halacha (Jewish law) and ethical issues confronting society.
• Ethics is concerned with values and in part deals with normal behaviour - through the study of ethics values and principles inherent in Jewish law are discussed.
• In Judaism, to be a truly ethical person in practice, the question is, is it sufficient to follow the dictates of Halacha as formulated by the rabbinical authorities or is it necessary in addition to subscribe to purely ethical principles that are a matter of personal conscience.
• Different scholars have differing views on the above: Rabbi Karelitz - "punctilious observance of the law is the only path to the perfection of moral virtue." Maimonides - "man cannot achieve a full knowledge of the rules of morality by way of rational reflection." (in other words Maimonides regards secular or autonomous morality as no more than a set of social conventions which may be useful or in good taste, but not "true" or rationally necessary. Only a divine law i.e. Halacha, possesses the means to bring a man to perfection of both body and soul in a just society of men. Man can come to an appreciation of the wisdom imbedded in that law by careful examination and study thereof).
• Opposed to these views is the view that sees large areas of human behaviour beyond the strict purview of the Halacha. According to this, Halacha does not pretend to legislate rules to cover every situation, especially in those areas where so much depends on particular circumstances or conflicting principles. Certain mundane and existential choices are left to man's reasoned decision, based on man's own moral sense of right and wrong. Just because certain moral perceptions cannot be buttressed by explicit, formal rules of Halacha, they should not be dismissed as invalid or inferior.
• "Morality, in its naturalness, in all the depths of its splendour and power of its strength, must be determined in the soul, and will be receptive to those noble influences deriving from the force of the Torah. Every word of the Torah must be preceded by worldliness. If it is a matter with which reason and natural honesty agree, it must directly traverse the tendency of the heart and the agreement of the pure will imprinted in man. The Torah was given to Israel, so that the gates of her light - clearer, more extensive, and holier than all the gates of light of man's natural wisdom and natural moral spirit - will open before us, and through us, to the rest of the world. But if we deafen our ears so that we cannot hear the simple call of the Lord which is potentially proclaimed through all the natural gates of light, which are in every man's reach, because we think that we will find the light of the Torah in a Torah which is severed from all the light of life spread over the world and planted in the splendid soul of man, then we have not understood the value of the Torah. Of this it has been said: "foolish people and unwise" (Deut. 32:6) which is translated by Targum Onkelos: "A people who received the Torah and did not grow wiser."" Rav Kook.
• Debate revolves around natural law versus positive law. Can moral principles be known to man without divine intervention specifying them? Can uncommended man be ethical merely by deriving the rules of morality from nature - either by observing the world around him or by his own thought processes?
• The view concerning natural law was propounded by Saadiah Gaon although the view generally accepted is that the revelation and natural law are both accepted.
• The Gemorrah often mentions the virtues that man can learn through observation of the animal world and quite clearly recognizes the notion of derekh eretz (common moral decency) - the crucial discussion about this occurs in the context of ‘lifnim mishurat ha-din' - behaviour that goes beyond the letter of the law. The Torah could not possibly have legislated every conceivable situation - instead it laid down certain paradigmatic rules and then generalized them to require the Jew to follow his own conscience in all such cases. This is the meaning of doing all that is right and good in the sight of the Lord (Deut. 6:18).
• Maimonides' classification of ethical personalities yields the following four types:

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   1. Natural Man - he acts instinctively towards his fellows, albeit with good intentions, yet bereft of any objective or substantive code of moral action that might anchor his moral personality.
   2. The Functional Ethicist - he subscribes to the Aristotelian type of moral rationalism that develops the intellectual model of the golden mean.  He avoids extremes, controls his passions, and seeks to find correct behaviour without any reference to a transcendental source.
   3. The Imitator of God - he adopts God as his model; through a knowledge of God's ethical ways he comes to develop his entire character.  In Maimonides' terminology, he is a Hacham - a man of wisdom, capable of making careful distinctions so that he knows which of God's attributes to adopt, which extremes might be desirable.  His is a transcendental ethic, albeit one that is legally (halachically) enforceable.
   4. The Hasid - his is the highest morality.  While he too starts with the obligation to imitate God, his moral framework is characterized by the search for personal holiness.  This he achieves by aspiring to entirely voluntary selflessness and giving.  In the process his ‘self' is overcome, going far beyond the formalism of the golden mean to selflessness that is expressed typically in behaviour that is lifnim mishurat hadin - beyond the letter of the law.

• In addition to the extensive body of halachic material, there exists a whole area of concern that cannot possibly cover every aspect of the day to day lives of the adherents - they are to be considered a matter of individual judgement based on a sensitivity to the moral thrust of the broad principles of Halacha.
• The relationship between Jewish law and morality and ethics thus emerges as one demonstrating considerable dynamism, flexibility and growth.
• The Halacha is a law that from biblical times strove to raise the moral conscience of the people through prescription and exhortation, depending on circumstances and period.

1.       BIOETHICS

Transplantation

• The decision is centered on when the organs become available.
• A critical question is the degree of likely success or failure of the surgery. One school of thought is that a chance should be taken to save life. Another school of thought is that if there is only a 50% chance or less of success, the patient may elect to have hazardous surgery, however, if there is more then a 50% chance of survival, such surgery is mandatory.
• May one elect to have surgery that is not medically required? The answer is that surgery is also permitted if it were to alleviate psychological stress. A patient may continue to live on dialysis for many years - the inconvenience associated with dialysis should not figure into the decision re: surgery - the transplant may endanger another's life.
• Removing of organs from a brain dead body - it is of absolute importance to make sure that the criteria of death are established, namely a total absence of independent breathing, heartbeat and movement.
• Difference between a ‘treifah' - somebody who has less then 12 months to live, and a ‘goses' - about to die as a result of human malfeasance. It is forbidden to sacrifice the life of a treifah in order to save the life of a ‘shalem' - one who enjoys normal life expectancy.
• Use of Cadaver organs - it is written that a body of an executed criminal be given a speedy and dignified burial. It is therefore forbidden to cause any mistreatment to the body and must preserve its dignity. If it is clear that it was the wishes of the dead person to have his organs used, then it is acceptable.

Artificial insemination

• If the mother has artificial insemination, can the husband sue for divorce on the grounds of adultery? How does this act affect inheritance? Who is responsible if the child is born with a defect? Can the mother sue for support from the donor? Should the husband have to legally adopt the child? If insemination is performed without the mother's consent - is it rape?
• Artificial insemination using donor sperm is considered to be an abomination and strictly prohibited. Possibility of incest, lack of genealogy, problems of inheritance.
• Some rabbinic scholars regard it as adultery and require the husband to divorce the wife and forfeiture of the kettubah - an extreme view.
• The use of semen from the husband is permissible. There must however have been a reasonable period of waiting to see if the wife becomes pregnant the normal way.
• Use of an egg from a non-Jewish mother - the child would have to undergo conversion.

Euthenasia

• One may not close the eyes of a dying person; one who touches him to move him may be concerned a murderer (Beraita).
• One who closes the eyes of a dying person when death is about to occur is considered to have spilt blood (Mishnah Shabbat).
• When Rabbi Hanineh was being tortured to death he asked that his servants bring more wood to burn the fire and thus hasten his death. From this we learn the theory of Hanineh's heart - when consumed with fire, one should increase the heat so as to bring about a quicker death and so alleviate suffering (Avodah Zarah).
• However, in the Talmud it is written -But if there is something that delays the death such as a nearby woodchopper, one may remove them for this does not require any action at all rather the removal of the preventing agent (Renia).

2.       SEXUAL ETHICS

• In the Torah it says - "God began to create heaven and earth, the world and all that is in it." What was created was not accidental but rather part of God's plan, for the fulfillment of His purpose.
• Man is created in the image of God and as "no fitter helper was found, male and female, He created them." Human beings thus bear a likeness to God. The sexual relationship is thus a relationship between two people made in the image of God.
• An I-Thou relationship, each person being of infinite value, neither one intended to be exploited as an object of the other's aggressiveness or selfish satisfaction.
• God saw what He had created and it was good - Human sexuality therefore, far from being unworthy, ugly or dirty, is good.
• The very first commandment to man was "Go forth and multiply" - sexual relationships and reproduction are thus a fulfilment of God's will. The first reference in the Torah to sex is "and Adam knew his wife Eve" - indicating the act must be between two people who have a physical AND mental connection. Many psychologists say that the most important sexual organ is the brain.
• The Torah says "it is not good for man to be alone, I will make a fitting helper for him." Not only reproduction, but enduring companionship, mutuality, helpfulness - and sexual union regularly renewed as a means for there expression and nurture - are among God's prime purposes for man and woman.
• In an ideal world (the Garden of Eden) , there was no shame in the nakedness / sexuality of the people. It was only after they ate from the tree of knowledge that they realised their nakedness.
• The Torah says "Thou shalt not commit adultery." "Do not follow your heart and eyes in lustful urge." "The devising of man's mind is evil from his youth." "Sin couches at the door/ Its urge is towards you/ Yet you can be its master."
• Concerning the immoral sexual practices of the pagans, the Torah admonishes "you shall not engage in any of the abhorrent practices - and you shall not defile yourselves through them."
• Judaism sees sexuality and sexual expression as something positive and joyous, not obscene and inherently evil. It regards sex as a legitimate good, as a mitzvah, as an act compatible with holiness - at the same time, Judaism imposes certain restraints and discipline upon this area of life that are intended to safeguard both persons and sex itself from abuse.
• In the proper setting, sex is a mitzvah - marriage is called Kiddushin - holiness and the presence of God is with both the husband and wife. However, if the sexual act is performed in the wrong context, such as with a prostitute for money, it is considered to be disgusting and of negative value. The Torah calls a prostitute Kadeishah. This very subtle difference in words between a Jewish act of holiness and a Jewish act of ugliness is symbolic of the minute difference between the two. It is the same action, but the purpose and context changes it from something holy into something repulsive.

Contraception

• Jewish Law has traditionally opposed birth control or abortion when practiced for purely selfish reasons.
• The first mitzvah we find in the Torah is to have children, to "be fertile and increase". Judaism believes that a home without children is a home without blessing.
• The duty to have children is based on the rabbinic interpretation of a verse in the Book of Genesis 1:28: "Be fruitful and multiply." The Talmud (Mishnah Yevamot 6:6) cites the following: According to the school of Shammai, being fruitful and multiplying is interpreted as having a minimum of two sons, while according to the Hillel school it is interpreted to mean a son and a daughter (because the Bible says "male and female He created them"). The rabbis established the Halacha (Jewish law) according to the view of Rabbi Hillel and his school.
• In a most remarkable ending to the Mishnah of Yevamot, there is a disagreement cited between an anonymous teacher and Rabbi Yochanan ben Berukah. The anonymous teacher (whose view is accepted Jewish law) states that women are not obligated to be fruitful and multiply. In traditional Jewish law, it is a man's duty to marry and have children, whereas a woman is free to remain childless.
• Judaism also believes that as long as a couple is planning to have children, the concept of planned parenthood or spacing of births does not constitute a religious problem in Judaism.
• Judaism is more concerned with the birth control method used; in particular, some methods are not permitted because of the injunction against "the destruction of seed." For example, contemporary Orthodox rabbinical authority has expressed no objection to the use of the "pill". Still, the use of condoms is forbidden, as are some uterine devices. [Note that, for traditional Jews, the use of condoms with respect to the AIDS crisis is not an issue, for sex is permitted only within a monogamous marriage.]
• The second prohibition relates to the transgression of discharging semen in vain. This prohibition is often referred to by the term "onanism," derived from the biblical narrative of Onan (Genesis 38:7-10), son of Judah, who "spilled" his seed "on the ground." Onan (second son of Judah and Shu'ah) was instructed by his father (after the death of his elder brother Er) to contract a levirate marriage with his childless sister-in-law, Tamar.
• Onan refused to fulfil his fraternal duty and whenever he had relations with Tamar he would let the semen go to waste (presumably by coitus interruptus, although the term onanism can actually be applied to masturbation), thereby avoiding effective consummation of the marriage.
• It is also true that traditionally Judaism has encouraged having many children. Some of this is based on the argument that, after the Holocaust, Jews should not avoid having children.
• The minimum number of children one must have to fulfil the Mitzvah "to be fertile and increase" is a matter of rabbinic dispute. Some rabbis say that one must have at least two children, and some say at least one of each sex.
• With respect to the liberal movements, such as Reform Judaism: Again, birth control or abortion is opposed when practiced for purely selfish reasons. Birth control is accepted under certain conditions such as where pregnancy represents a health hazard to the mother or child, or when previous children have been born defective. Liberal Judaism extends this concept to include extreme poverty, inadequate living conditions and threats to the welfare of existing children in the family. The Central Conference of American Rabbis (Reform) goes so far as to declare that birth control is a necessity under certain family conditions. Most Reform and some Conservative rabbis subscribe to the program of planned parenthood. Liberal Judaism has no problem with the use of condoms.
• Since birth control negates the first principle cited above and is generally assumed to violate the second principle of wasting seed, there is a great need to clarify whether birth control is ever permissible in Jewish tradition.

Oral Contraceptives in the Talmud and Today

• In the Talmud, there are several discussions of a so-called "cup of roots" or sterility potion. In the Talmud Yevamot 65b, we find the following: "Judith, the wife of Hiyya, having suffered agonizing pains of childbirth, changed her clothes [on recovery] and appeared (in her disguise) before Rabbi Hiyya. She asked 'Is a woman commanded to propagate the race?' He replied 'No.' And relying on this decision, she drank a sterilizing potion."
• Elsewhere in the Talmudic tractate of Shabbat it states that a potion of roots may be taken on the Sabbath because it is a cure for jaundice and gonorrhoea.
• Modern rabbinic authorities today seem to prefer the use of the birth control pill as the modern cup of roots. It allows intercourse to proceed naturally and unimpeded, allowing the fulfilment of the wife's conjugal rights. Also, in the case of the pill, there is no "waste of seed." Reform and Conservative rabbis are generally more lenient and permit the use of any contraceptive device for other reasons as well.

Other Contraceptive Methods

• For situations of pregnancy hazard, the diaphragm is allowed by numerous rabbinic authorities, even though it does interfere with the normal act of intercourse. Chemical spermicides and douches are generally permitted by later rabbinic authorities in cases where pregnancy would be dangerous to the mother.