"Ethical and Halachic Dilemmas in Extreme Circumstances: A Jewish Perspective"
Question
In the Netflix movie "The Society of the Snow," based on the true events of the Uruguayan Air Force Flight 571 crash in the Andes mountains, survivors faced unimaginable challenges. After the search efforts were called off, they resorted to consuming the bodies of the deceased to survive. From a Jewish ethical and halachic standpoint, is there guidance on whether one can consume human flesh in such dire circumstances? Can individuals make decisions regarding the use of their bodies post-mortem in such circumstances, and is it necessary to seek consent from them beforehand? Please explore the ethical considerations within the context of Jewish teachings and values.
Answer
Central to Jewish ethical thought is the concept of פיקוח נפש
(pikuach nefesh), which prioritizes the preservation of human life above most
other commandments. This principle is so fundamental that it overrides nearly
all other mitzvot, as elucidated in the Talmud, Yuma 84a, which permits one to violate the Sabbath to save a life. This illustrates the preeminence of
life preservation in Jewish law.
Our texts and history are replete with instances that test
the bounds of human endurance. The siege of Jerusalem and the destruction of
the first temple, as lamented in Eicha (Lamentations) 2:20, we learn of how the Jewish people have gone in the pursuit of survival. Similarly,
Talmud Ta’anit 5b recounts a story of a terrible famine that occurred in Erets Yisrael
during the first temple at the time of Yoel the prophet. There was a seven-year
famine, the Talmud describes it as follows; In the first year, they ate the
food that was in their houses. In the second year, they ate the food that was
in the fields. In the third year, they ate all the kosher animals. In the 4th
year of the famine, they consumed the meat of the impure animal. In the 5th
year they ate the insects
and creeping animals. In the 6th year, they ate the flesh of their
sons and daughters. And the 7th year they ate the meat of their
limbs (The commentaries explain that they didn’t eat their limbs, it’s just
that, their limbs. Dried up and fell away). So we see from this story that each
year that the situation became more desperate they had to adapt to more
desperate measures
The permissibility of consuming human flesh in extreme
survival scenarios is derived from the overarching Jewish value of life
preservation. The Shulchan Aruch, Yoreh De'ah 155:3, extends the leniency of
consuming non-kosher items to include such extreme measures when one's life is
endangered. The Torah's commandment, וְחִי בָּהֶם (V'chai Bahem) - "that you may live
by them" (Leviticus 18:5), further emphasizes the intention that the
commandments serve to promote life.
The delicate question of post-mortem consent for the use of
one's body in survival scenarios underscores the complex interplay between
individual rights and communal survival. Jewish law suggests that upon death,
the individual's control over their body ceases, shifting the focus to the
needs of the living and the imperative of life preservation.
The comprehensive discussions in our sacred texts, from the
Talmud to the Shulchan Aruch, underscore a nuanced approach to survival under
extreme conditions. These teachings advocate for a balance between the
desperate measures sometimes necessary for survival and the unyielding respect
for life that underpins Jewish law and ethics.
In confronting the moral and ethical dilemmas posed by survival in its most extreme forms, Jewish law and teachings offer guidance and helps us navigate the moral complexities of such situations. I want to emphasize that this idea is only in extreme circumstances where there is no other way of survival.
Source
Yuma 84a
Eicha (Lamentations) 2:20
Talmud Ta’anit 5b
The Shulchan Aruch,
Yoreh De'ah 155:3 ,
Leviticus 18:5