Monday, December 13, 2010

The Jew and the Other

It's been a long time since I was so offended by a blog post, but this somewhat recent Torah Musings discussion on blood transfusions really got to me.

Some may find this topic no different from, for example, the claim (popularized by the Baal HaTanya and pretty much accepted in all chassidic circles) that non-Jews possess only an animal soul, with Jews being the sole possessors of a Godly soul. Or the idea (also mentioned in the article) that a non-Jew in danger on Shabbat is saved only for the sake of darchei shalom, preserving the ways of peace. Such concepts need to be seen as having largely developed within a context of historical persecution by gentiles. In that respect, they are perfectly understandable - albeit outdated - beliefs.

What differs about this post is that it is largely talking about contemporary halachic authorities. I'm imagining a theoretical round table discussion in which various rabbinic "sages" are arguing the question whether Jews can donate blood to non-Jews, mustering various halachic precedent both pro and con. And totally missing the point that even posing the question suggests some lack of basic humanity.

After a self-congratulatory intro in which Jews are claimed to be a merciful, bashful and kind people, then touting the great generosity vis a vis charity and Israel's assistance in post-earthquake Haiti, Rabbi Lebowitz states that "Recently, some have questioned the halachic propriety of Jews donating blood in America." He then states what is to be his summary, viz. that "giving blood, while not always obligatory is at a minimum, permissible, and more likely a very great mitzvah."

(As an interesting aside, Lebowitz states that "the Torah [not only] values the good Samaritan who goes out of his way to save a life". He is apparently oblivious to the fact that "good Samaritan" is a phrase that originated in the New Testament (Luke 10) in a parable that derides the bad behavior of a Pharasaic priest and Levite towards a beaten robbery victim.)

First we have Rav Moshe Feinstein who - as with saving a non-Jewish life on Shabbos - states that donating blood to gentiles is necessary to avoid severe anti-semitism.

Then we have a discussion regarding the general permissibility of donating due to possible prohibitions of wounding oneself. This is largely irrelevant regarding the distinction between Jew and non-Jew vis a vis donating blood.

The second issue revolves around a prohibition to give “free gifts” to gentiles. But this isn't a problem for a number of reasons. One is donating to a blood bank and not to a specific gentile. Or that (contrary to the Shulchan Aruch) according to "many great poskim" today's gentiles are not idolators. The bottom line is that there is an assumption of a reciprocal relationship in which Jews will be able to receive blood when needed.

The third issue is that most recipients of blood will be gentiles. But because there are many Jews who may ultimately receive blood we can ignore the majority since it is a matter of life and death (for the Jew). Rabbi Michael Broyde states that there is no mechanism to designate which blood goes where and so Jews should shoulder their fair share of the donations.

Rabbi Menashe Klein has some particularly offensive objections (Jewish blood "crying out" from gentile veins) but I don't want to dwell on such lunacy.

The ultimate conclusion is that donating blood is a kiddush Hashem and refusing to donate has a great potential for chillul Hashem. Also, Orthodox blood drives now have the status of minhag Yisrael and we cannot depart from such a long-standing custom. But at no time is there any suggestion in the article that donating blood - regardless of the recipient - is simply the right thing to do. But, of course, such an assertion would be problematic as it implies that the halachic system is insufficient in framing all ethical and moral considerations.

Rabbi Yechiel Yaakov Weinberg (the Seridei Eish) suggested that Jews themselves shoulder at least some of the blame for anti-semitism because of their attitude towards the non-Jewish world and the discriminatory laws against gentiles described in the Talmud (and codified in later halachic works.) The Lebowitz article continues this long tradition, the "minhag Yisrael" of "us versus them", the Jew and the Other.