According to a recent NYTimes piece on the new organ donation law in Israel,
Most leading Orthodox rabbis -- as well as Israeli law -- agree that a person dies when his brain-stem stops functioning. A minority opinion, endorsed by Elyashiv, holds that as long as a person's heart beats he or she is alive and therefore the organs cannot be harvested.
Is this true, or is the "most" the result of wishful thinking on the part of the NY Times?
Answer
Excerpted from a statement Rabbi Breitowitz emailed to his congregants a few months ago:
A number of poskim-the Chief Rabbinate of Israel, Rabbi Moshe Tendler, and the official position of the Rabbinical Council of America (with many ,many dissenters in their ranks) consider ... to be halachically dead. As such, life support can certainly be terminated, and indeed organs can be harvested from brain dead patients whose heartbeat is maintained via oxygen supplied by respirators.
So gauge the wording for yourself. (Rabbi Hershel Shachter is among the dissenters, by the way.) The Halachic Organ Donor Society card offers either checkbox -- brain-stem death, or heart-function death.
UPDATE: the new RCA position is "each rabbi should decide for himself":
The RCA takes no official position as an organization on the issue of whether or not brain stem death meets the halachic criteria of death ... many halachic authorities of our day, including Rav Hershel Schachter, Rav Mordechai Willig, Rav J. David Bleich and others maintain that brain stem death does not satisfy the halachic criteria for the determination of death. ... [H]owever, many other halachic authorities, including Rav Gedalia Schwartz, Rav Moshe Tendler, and the Chief Rabbinate of Israel maintain that brain stem death does qualify for the determination of death in Jewish law. In light of this ... the RCA maintains that its membership is best served by allowing each Rabbi to determine for himself, based upon his own study, consultation with halachic authorities and his own conscience, which halachic position he will adopt.
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