Life After Death

Previously, in an article, we discussed the halachic implications of dissecting a cadaver. We discussed the importance of giving a proper burial and whether dissecting a cadaver is considered an issue hanah (deriving benefit from something that is forbidden). However, there is an interesting discussion surrounding whether it is permissible to use the organs of a dead person. 

Rav Isser Unterman zt”l (Chief Rabbi of Israel, 1964-72) established that organ transplants are not considered deriving benefit from the dead because the organ is considered alive now that the living recipient uses it. However, though this solves the issue of hanah, how does this solve the problem of the Torah commandment of burying the dead? The Nishmas Avraham (Y.D. 349) quotes Rav Yehoshua Neuwirth zt”l that since the organ is going to be transplanted, it's considered a living organ, and there is no obligation to bury it. 

However, Rav Shlomo Zalman Auerbach disagreed with this logic due to the fact that when a person dies, there is an obligation to bury the dead, and although the organ can be transplanted, in the moment, it is considered part of the dead person and the organ, along with the body requires a proper burial.

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Adapted from medicalhalacha.org