Halacha on the Go

Chapter 13

The Laws of Autopsies

יג - הלכות ניתוחי מתים

In this chapter (10)
  1. 1. The Problem of Autopsies
  2. 2. To Save a Patient
  3. 3. Autopsies for the Sake of Patients Not Before Us
  4. 4. Autopsies for the Sake of Future Patients
  5. 5. Autopsies for Research in Anatomy and Pathology
  6. 6. More on This Matter
  7. 7. The Status of the Family Members
  8. 8. Donating One’s Body to Science
  9. 9. Autopsy to Convict a Murderer and to Free an Aguna
  10. 10. Autopsy in Order to Receive Insurance Money
13:1

The Problem of Autopsies

בעיית ניתוחי המתים

One of the difficult halakhic questions is the question of autopsies. Over the last two hundred years, the medical profession has required performing dissections on the dead. The first purpose is the study of anatomy, that is, understanding the structure of the human body. For this purpose many dissections were performed, in which bodies were taken apart in order to understand the structure of the organs, the bones, the circulatory system, and more. The second purpose is the study of pathology, that is, understanding diseases and the ways in which they damage the body – and this, of course, in order to develop methods of healing. In addition, medical schools required many corpses so that medical students could practice on them operations that would later be performed on living people.

The question is whether, according to halakha, it is permitted to perform autopsies on the dead.

This question is very complex. Let us begin by noting that, halakhically, there are several prohibitions involved in dissecting a corpse. First, we are commanded to bury the dead and to show them honor (as explained below 16:5), and dissection certainly degrades the deceased. The mitzva of “Love your fellow as yourself” (Vayikra 19:18) also requires us to treat him with respect (Amud Ha-yemini 34). If because of the dissection his burial is delayed overnight, one violates the prohibition of “You shall not leave [his body] overnight” (Devarim 21:23). In addition, there is a prohibition against deriving benefit from a corpse, and according to several poskim, those who dissect a corpse violate this prohibition (Ḥatam Sofer YD 336; according to the Ḥazon Ish YD 208:7, dissecting the dead does not involve the prohibition of deriving benefit from a corpse).

If so, it is clear that as a rule autopsies may not be permitted. However, where the dissection can save human life, it is permitted to dissect, because pikuaḥ nefesh, that is, saving human life, overrides the entire Torah (Yoma 84b). Therefore, in certain cases of pikuaḥ nefesh, one may be lenient and dissect the dead.

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