Grazi Richard V, Wolowelsky Joel B
Maimonides Medical Center, Brooklyn, New York 11228, USA.
Isr Med Assoc J. 2004 Mar;6(3):185-8.
The Israel Health Ministry is preparing legislation that would allow a person to receive monetary compensation in exchange for donating a kidney for a lifesaving transplant. Such a bill would be the first of its kind, and would seem to establish a policy that is in contrast with both existing international professional ethics and major Christian and Islamic religious ethics. In an attempt to investigate the extent to which such a bill would be consistent with traditional Jewish ethics, we reviewed the opinions of major traditional Jewish ethicists/halakhists, with emphasis on contemporary opinions, and found that compensating an organ donor for his or her time, discomfort, inconvenience, and recovery is fully consistent with traditional Jewish law and ethics. While non-altruistic sale of kidneys might be theoretically ethical from a Jewish perspective, ultimately its ethical status is inextricably connected to solving a series of pragmatic issues, such as creating a system that insures that potential vendors/donors are properly informed and not exploited, controlling and supervising medical screening and support of the donors to insure that their health is not permanently endangered, protecting minors and incompetents, and regulating payments so that they reasonably reflect compensation for pain and suffering.
以色列卫生部正在筹备一项立法，该立法将允许个人在为挽救生命的移植手术捐赠肾脏时获得金钱补偿。这样的法案将是同类法案中的首例，而且似乎确立了一项与现行国际职业道德以及主要基督教和伊斯兰教宗教道德相悖的政策。为了调查这样一项法案在多大程度上符合传统犹太伦理，我们审视了主要传统犹太伦理学家/哈拉卡学者的观点，重点是当代观点，结果发现就器官捐赠者的时间、不适、不便和恢复给予补偿完全符合传统犹太法律和伦理。虽然从犹太教角度来看，非利他性的肾脏买卖在理论上可能符合伦理，但最终其伦理地位与解决一系列实际问题紧密相连，比如建立一个确保潜在卖方/捐赠者得到适当告知且不被剥削的系统，控制和监督对捐赠者的医学筛查及支持以确保他们的健康不会受到永久性危害，保护未成年人和无行为能力者，以及规范支付款项，使其合理反映对痛苦的补偿。
